Indiana General Assembly Considers Doubling Routine Livestock Farm Inspections

Like many states, Indiana’s General Assembly is currently in session. There are a number of agricultural bills on deck this year, including one which would impact livestock and poultry farmers across the state.

On February 3rd, the Indiana Senate Environmental Affairs Committee amended and passed a confined feeding operation (CFO) inspection bill out of committee with a 9-1 vote. As amended, Senate Bill 193 would create a statutory requirement that the Indiana Department of Environmental Management (IDEM) inspect every CFO in the state twice during each five-year permit term, regardless of environmental risk or the historical operating record.

IDEM currently inspects each regulated farm at least once every five years (the standard permit time period). IDEM also conducts additional inspections during construction, expansions, alterations, or in response to complaints or violations. This bill could require IDEM to divert resources from its discretionary inspections (which can be based on the presence of risk factors) to satisfy a blanket statutory requirement of additional inspections (regardless of risk). This approach seems counterproductive given the limited amount of resources IDEM has to use for the CFO program.

Unlike some states, Indiana CFOs are not allowed to discharge manure from the farm. They are not like industrial facilities which may be allowed to discharge pollutants into a Water of the United States pursuant to an approved NPDES permit. Instead, Indiana CFOs are considered zero discharge farms. Manure is allowed to leave a regulated farm when it is land applied on crop ground at an agronomic rate in accordance with site specific manure management plans. But this lawful application is not considered a discharge. Instead, manure replaces nutrients used by crops and takes the place of commercial fertilizer.

If you have questions or comments about the bill, contact your legislator! Other organizations can help provide information to assist Indiana farmers in participating in the legislative process. Indiana Pork Producers and Indiana Farm Bureau are just two examples of agricultural organizations that will be asked by countless legislators about their members’ position on this bill. Make your position known.