July 23, 2014 at 2:10 p.m.
Big dairy prompts concerns (03/16/2009)
Jay County Commissioners
By By STEVE GARBACZ-
Officials are scrambling to figure out a way to control a possible large dairy operation near the Adams County line before its causes problems for the county.
The Jay County Commissioners spent the entire morning today discussing the proposed Rooijakkers Dairy LLC. 6,200 head dairy operation looking to land near county roads 900 North and 250 East in Bearcreek Township.
The commissioners are looking to get an extension from the Indiana Department of Environmental Management to buy more time to organize a defense.
The confined feeding operation has been a looming concern in the back of the minds of several parties. People are concerned due to alleged problems with the company's operations in other counties as well as environmental concerns about the huge dairy operation.
One of the major issues with the proposed project is a large waste lagoon, which may be around 7 acres wide, and its proximity to the Wabash River and its tributaries. If the lagoon ever flooded or broke, wastewater would almost certainly flow down into the river.
Rooijakkers has secured a permit to build from IDEM approving the project, but has not yet applied with the Jay/Portland Building and Planning department for approval.
"We sent them a letter with our requirements (in July)," said building and planning director Bill Milligan. "We heard nothing. As far as we know, they don't have any intent yet."
The pending application, though, has people jumping to action to figure out how to keep the CAFO out of Jay County.
Portland resident Tom Young came to discuss his concerns about the dairy and the river with commissioners this morning.
"If I tried to think of an area in the county with a great potential for catastrophe, I don't think I could come up with a worse location," he said. "I'm mainly just concerned when a facility like this is proposed in an area that's just wrong."
"We're not real happy about it ourselves," said commissioner Milo Miller Jr.
"I've heard rumors ... that these people have a bad reputation in other areas," Young said.
Young expressed concerns not only about the lagoon but also about the impact a large dairy operation could have on local tourism and the environment.
The Town of Geneva recently sent a complaint to IDEM stressing its concerns about the effect the farm could have on the Wabash River in the event of a lagoon failure. Bearcreek Farms also sent a letter regarding the impact the CAFO could have on business due to odor.
"There are other groups that have a direct financial input up there," Young said. "It's an area where people are putting a lot of energy. People are trying to make that area something of a showpiece for this region."
They are concerns that the commissioners have heard and considered before. In mid-2008, the commissioners explored the possibility of passing a moratorium on new lagoons in an effort to block the Rooijakkers project, but counsel from Indianapolis law firm Ice-Miller advised such a move couldn't be legally justified.
In the past, Randolph County attempted to block a similar dairy by passing restrictive ordinances but was struck down in court when the company challenged.
"We got shot down on that," Miller said. "I don't know where else we can go. Randolph County tried that and got shot out of the saddle."
"Since you do have in place a zoning ordinance ... you can't just ban lagoons," said attorney Bill Hinkle. "You have to go back and address it in the zoning ordinance."
Hinkle also mentioned the pitfall of trying to limit a CAFO based on odor, but a lack of an objective standards to measure odor railroaded that idea.
Then the commissioners, Hinkle, Young, and rural Portland resident Carter Leonard brainstormed on how to possibly block, or at least gain a little control in the situation in order to protect the river and local businesses.
"There is a hole," Leonard said. "We need a little action, proactive at this point. If this one comes in, who's telling how many more?"
Leonard encouraged the commissioners to get the building and planning department and the Jay County Planning Commission on the job.
"If you're going to try to control the situation, that's your tool, he said. "I don't see anyone working the tool."
Without a plan, however, putting the commission into action is pointless, so the commissioners weighed some potential options.
The commissioners and Hinkle quickly discarded the idea of passing a moratorium on lagoons due to the past advice that it wouldn't hold up in court.
Leonard then suggested looking at controlling setbacks, from flood plains or from natural water sources, which could help push the potential lagoon farther away from the Wabash.
"You can see where it all drains down into that creek," said commissioner Faron Parr about the drainage, agreeing that a greater setback could help.
The commissioners wondered if the planning commission could meet to increase setback requirements of if they could work such a fix in their capacity as Jay County Drainage Board.
Hinkle said he wasn't sure how to go about it or if a setback change would hold up under legal pressure.
"We need to talk to someone who's an expert in land development," Hinkle said.
The commissioners told Milligan to get on the phone and request an extension from IDEM so they can get some groups discussing the implications of this major farm. They also told Milligan to call the planning commission to meet soon to discuss the county's options.
Hinkle asked Milligan to get in touch with some experts, some of which addressed the planning commission in the past, who may be able to provide some insight into dealing with these CAFO issues.
"I want to do it legally," Miller said. "I don't want to look like a dummy sitting up here passing stuff if we don't have a leg to stand on."
For now, the commissioners are asking residents to get in touch with IDEM and let their concerns be heard.
"Everyone in that area needs to be protesting against it," he said. "Those are the people up there that need to make the outcry."
The commissioners encourage those concerned to contact IDEM by calling Daniel Bruggen at (800) 451-6027 ext. 3-3554 or by mailing letters to IDEM's office at 100 N. Senate Ave., Indianapolis, IN 46204.[[In-content Ad]]
The Jay County Commissioners spent the entire morning today discussing the proposed Rooijakkers Dairy LLC. 6,200 head dairy operation looking to land near county roads 900 North and 250 East in Bearcreek Township.
The commissioners are looking to get an extension from the Indiana Department of Environmental Management to buy more time to organize a defense.
The confined feeding operation has been a looming concern in the back of the minds of several parties. People are concerned due to alleged problems with the company's operations in other counties as well as environmental concerns about the huge dairy operation.
One of the major issues with the proposed project is a large waste lagoon, which may be around 7 acres wide, and its proximity to the Wabash River and its tributaries. If the lagoon ever flooded or broke, wastewater would almost certainly flow down into the river.
Rooijakkers has secured a permit to build from IDEM approving the project, but has not yet applied with the Jay/Portland Building and Planning department for approval.
"We sent them a letter with our requirements (in July)," said building and planning director Bill Milligan. "We heard nothing. As far as we know, they don't have any intent yet."
The pending application, though, has people jumping to action to figure out how to keep the CAFO out of Jay County.
Portland resident Tom Young came to discuss his concerns about the dairy and the river with commissioners this morning.
"If I tried to think of an area in the county with a great potential for catastrophe, I don't think I could come up with a worse location," he said. "I'm mainly just concerned when a facility like this is proposed in an area that's just wrong."
"We're not real happy about it ourselves," said commissioner Milo Miller Jr.
"I've heard rumors ... that these people have a bad reputation in other areas," Young said.
Young expressed concerns not only about the lagoon but also about the impact a large dairy operation could have on local tourism and the environment.
The Town of Geneva recently sent a complaint to IDEM stressing its concerns about the effect the farm could have on the Wabash River in the event of a lagoon failure. Bearcreek Farms also sent a letter regarding the impact the CAFO could have on business due to odor.
"There are other groups that have a direct financial input up there," Young said. "It's an area where people are putting a lot of energy. People are trying to make that area something of a showpiece for this region."
They are concerns that the commissioners have heard and considered before. In mid-2008, the commissioners explored the possibility of passing a moratorium on new lagoons in an effort to block the Rooijakkers project, but counsel from Indianapolis law firm Ice-Miller advised such a move couldn't be legally justified.
In the past, Randolph County attempted to block a similar dairy by passing restrictive ordinances but was struck down in court when the company challenged.
"We got shot down on that," Miller said. "I don't know where else we can go. Randolph County tried that and got shot out of the saddle."
"Since you do have in place a zoning ordinance ... you can't just ban lagoons," said attorney Bill Hinkle. "You have to go back and address it in the zoning ordinance."
Hinkle also mentioned the pitfall of trying to limit a CAFO based on odor, but a lack of an objective standards to measure odor railroaded that idea.
Then the commissioners, Hinkle, Young, and rural Portland resident Carter Leonard brainstormed on how to possibly block, or at least gain a little control in the situation in order to protect the river and local businesses.
"There is a hole," Leonard said. "We need a little action, proactive at this point. If this one comes in, who's telling how many more?"
Leonard encouraged the commissioners to get the building and planning department and the Jay County Planning Commission on the job.
"If you're going to try to control the situation, that's your tool, he said. "I don't see anyone working the tool."
Without a plan, however, putting the commission into action is pointless, so the commissioners weighed some potential options.
The commissioners and Hinkle quickly discarded the idea of passing a moratorium on lagoons due to the past advice that it wouldn't hold up in court.
Leonard then suggested looking at controlling setbacks, from flood plains or from natural water sources, which could help push the potential lagoon farther away from the Wabash.
"You can see where it all drains down into that creek," said commissioner Faron Parr about the drainage, agreeing that a greater setback could help.
The commissioners wondered if the planning commission could meet to increase setback requirements of if they could work such a fix in their capacity as Jay County Drainage Board.
Hinkle said he wasn't sure how to go about it or if a setback change would hold up under legal pressure.
"We need to talk to someone who's an expert in land development," Hinkle said.
The commissioners told Milligan to get on the phone and request an extension from IDEM so they can get some groups discussing the implications of this major farm. They also told Milligan to call the planning commission to meet soon to discuss the county's options.
Hinkle asked Milligan to get in touch with some experts, some of which addressed the planning commission in the past, who may be able to provide some insight into dealing with these CAFO issues.
"I want to do it legally," Miller said. "I don't want to look like a dummy sitting up here passing stuff if we don't have a leg to stand on."
For now, the commissioners are asking residents to get in touch with IDEM and let their concerns be heard.
"Everyone in that area needs to be protesting against it," he said. "Those are the people up there that need to make the outcry."
The commissioners encourage those concerned to contact IDEM by calling Daniel Bruggen at (800) 451-6027 ext. 3-3554 or by mailing letters to IDEM's office at 100 N. Senate Ave., Indianapolis, IN 46204.[[In-content Ad]]
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