IDEM: Confined Feeding Operations (CFOs/CAFOs)

Note: This message is displayed if (1) your browser is not standards-compliant or (2) you have you disabled CSS. Read our Policies for more information.

Governor Mitch Daniels

IDEM > Compliance > Land Compliance > Confined Feeding Operations (CFOs/CAFOs) Confined Feeding Operations (CFOs/CAFOs)

The following are available by contacting the Senior Environmental Manager at (317) 232-8736

Complete CFO Application Packet
General NPDES Permit Rule for Concentrated Animal Feeding Operations

Important Links

Confined Feeding Operations: What are They?

Confined feeding is the raising of animals for food, fur or recreation in lots, pens, ponds, sheds or buildings, where they are confined, fed and maintained for at least 45 days during any year, and where there is no ground cover or vegetation present over at least half of the animals' confinement area. Livestock markets and sale barns are generally excluded.

Indiana law defines a confined feeding operation as any animal feeding operation engaged in the confined feeding of at least 300 cattle, or 600 swine or sheep, or 30,000 fowl, such as chickens, turkeys or other poultry. The Indiana Department of Environmental Management (IDEM) regulates these confined feeding operations, as well as smaller operations which have violated water pollution rules or laws, under IC 13-18-10, the Confined Feeding Control Law. IDEM's Office of Land Quality administers the regulatory program which includes permitting, compliance monitoring and enforcement activities. IDEM regulation 327 IAC 16 regulating confined feeding was adopted by the Water Pollution Control Board on November 14, 2001 and became effective on March 10, 2002.

Due to size or historical compliance issues some confined feeding operations are defined as concentrated animal feeding operations (CAFOs). The general permit CAFO regulation, 327 IAC 15-15, was adopted on Jan. 14, 2004 and went into effect on March 24, 2004. The CAFO regulation is based upon a USEPA Clean Water Act regulation that went into effect in December, 2003. For purposes of discussion, it is important to remember that all CAFOs are confined feeding operations. The CAFO regulation however, contains more stringent operational requirements and slightly different application requirements. Details regarding CAFOs will follow the description of requirements for confined feeding operations.

CFO/CAFO Environmental Issues

The animals raised in confined feeding operations produce manure and wastewater which is collected and stored in pits, tanks, lagoons and other storage devices. The manure is then applied to area fields as fertilizer. When stored and applied properly, this beneficial reuse provides a natural source of nutrients for crop production. It also lessens the need for fuel and other resources that are used in the production of commercial fertilizer.

Confined feeding operations, however, can also pose environmental concerns, including the following:

Manure can leak or spill from storage pits, lagoons or tanks
Improper application of manure to the land can impair surface or ground water quality

The IDEM CFO/CAFO approval/permit program is based on the Confined Feeding Control Law administered through regulations adopted under the Water Pollution Control Board. The focus of the regulations is to protect water quality. The program is intended to provide an oversight process to assure that waste storage structures are designed, constructed and maintained to be structurally sound and that manure is handled and land applied in an environmentally acceptable manner.

IDEM CFO Approval Requirements

Confined Feeding Operation Fact: No one may start construction of a confined feeding operation or expansion without the prior approval of IDEM.

IDEM is responsible for reviewing approval applications for confined feeding operations. An application is needed for new confined feeding operations, expansions of existing confined feeding operations, and for existing animal feeding operations that must seek approval due to water quality violations.

Application Submittal

A confined feeding operation owner/operator needs to submit at least two (2) copies of the following to obtain a confined feeding operation approval from IDEM:

Confirmation that any necessary public notice requirements were conducted;
Plans and specifications for the design and construction of the animal confinement structures and manure treatment and control facilities;
A manure management plan outlining procedures for soil testing and manure testing;
Maps of manure application areas;
Other supplemental information, including the following:
- general features of topography
- soil types
- drainage course
- nearest streams, ditches and lakes
- location of field tile inlets
- location of land application areas
- location of manure treatment facilities
- farmstead plan, including location of water wells at the confined feeding operation site;
An application fee of $100

Application Review

Upon receipt of a confined feeding operation application, IDEM reviews its contents in accordance with the CFO Guidance Manual, a document which explains approval requirements for construction and operation of a confined feeding operation. The Guidance Manual was revised in March 2002 by a workgroup of representatives from agricultural, environmental, educational, and regulatory interests.

IDEM determines whether or not the confined feeding operation meets the following conditions:

Has at least 180-days storage for manure and wastewater ;
Is designed according to the design standards outlined in the CFO Guidance Manual
Has sufficient acreage available for application of the manure generated;
Provides adequate separation distances of the manure storage structures and confinement lots from roads, wells and surface waters;
Includes a manure management plan detailing soil testing, manure testing and manure application areas;
Provides for record keeping at the confined feeding operation covering the following:
1. manure type
2. amount of manure generated
3. amount of manure applied to land
4. manure storage methods
5. type of application equipment used
6. application rates based on laboratory analysis

Approval Issuance & Public Participation

IDEM issues or denies a confined feeding operation approval for the proposed confined feeding operation after completing the above review process. Public participation steps during this process include the following:

The applicant, when applying for an NPDES permit for a CAFO on undeveloped land or for a previously unapproved CAFO, within 10 working days of the application's submittal, notifies the owners of land adjacent to the proposed CAFO (or occupants on adjacent land when the landowner does not live on the adjacent land), and the county commissioners of the county where the CAFO is or would be located;
IDEM notifies local officials (county commissioners, mayors, town board presidents) when an application is received.
An 30-day period is provided with this notice during which IDEM will accept comments based on the technical merits of the proposed confined feeding operation approval.

IDEM notifies the applicant, the adjacent property owners/occupants and local officials originally notified, as well as others identified by the applicant or who requests to be notified, when a decision on the application for the approval is made. A petition for review of the decision may be submitted to the Indiana Office of Environmental Adjudication within 18 days of the mailing date of the decision

Concentrated Animal Feeding Operations (CAFOs)

IDEM administers the National Pollutant Discharge Elimination System (NPDES) permit program required by the USEPA Clean Water Act (CWA). Part of that nationally administered program addresses activities that cause or can cause discharges of contaminants to waters of the state. In December 2003, EPA released a final regulation for CAFOs. These farms are defined as point sources by the CWA and are required to obtain permit coverage. IDEM has developed a general permit CAFO regulation (327 IAC 15-15) which went into effect on Feb 26, 2004. The CAFO NPDES permit process and operational requirements are slightly different than for CFOs.

The following list depicts the animal species and their threshold numbers for needing an NPDES permit. Farms with fewer animals can be designated a CAFO and required to get a permit if they have, or it is determined they will pose a significant threat to have, a discharge of pollutants from the production areas or waste storage facilities.

CAFO Animal Threshold Numbers

700 mature dairy cows
1,000 veal calves
1,000 cattle other than mature dairy cows
2,500 swine above 55 pounds
10,000 swine less than 55 pounds
500 horses
10,000 sheep or lambs
55,000 turkeys
30,000 laying hens or broilers with a liquid manure handling system
125,000 broilers with a solid manure handling system
82,000 laying hens with a solid manure handling system
30,000 ducks with a solid manure handling system
5,000 ducks with a liquid manure handling system

IDEM CAFO Permit Requirements

Concentrated Animal Feeding Operation Fact: No one may start construction of a CAFO or expansion without the prior approval of IDEM.

IDEM is responsible for reviewing permit applications seeking approval of CAFOs. An application is needed for new CAFOs, any expansions of existing CAFOs, and for existing CFOs that change operations such that they become a CAFO.

Two types of NPDES permits are available for CAFOs:

The general permit establishes uniform criteria to be followed by those with a general permit.
An individual permit provides an opportunity for IDEM to require additional protective measures, or for the farm to construct or operate in a manner different than that prescribed by the general permit regulation.

CAFO Construction Application Submittal

This applies to any CAFO seeking a general or individual permit. An application for construction approval must provide at least two (2) copies of the following to IDEM:

A completed NPDES permit application form;
A completed CFO approval application form;
Confirmation that any necessary public notice requirements were conducted ;
Plans and specifications for the design and construction of the animal confinement structure and manure treatment and control facilities;
At least two soil borings within the area of any liquid waste storage structures;
A manure management plan outlining procedures for soil testing and manure testing;
Soil Survey and Topographic Maps of manure application areas which outline field borders, identify the owner, and acres available;
Farmstead plan showing the location of the buildings and waste storage structures in relation to the following features within 500 feet:
- water wells
- drainage patterns
- property lines
- roads
- streams, ditches and tile inlets

The CFO application (the only permit application that covers construction) review process requires a fee of $100 and the NPDES general permit application is $50. Consequently the general permit application fees for a CAFO seeking construction approval is $150. An NPDES individual permit application fee is $250. An NPDES individual permit with construction approval review is $300.

Application Review

Upon receipt of an NPDES general permit application; IDEM reviews its contents in accordance with CAFO regulation 327 IAC 15-15. If the application includes proposed construction the submittal must meet the CFO application requirements including the design requirements of the CFO rule (327 IAC 16), and the design and construction section of the CFO guidance manual explains approval requirements for construction and operation of a confined feeding operation. The guidance manual was revised in March 2002, by a workgroup of representatives from agricultural, environmental, educational and regulatory interests.

By reviewing the items mentioned in the above section IDEM determines if the CAFO satisfies the following conditions:

The submitted application forms must be complete with no missing applicable information;
Confirmation that public notice requirements were satisfied;
Provides at least 6 months of manure and wastewater storage capacity;
Has sufficient acreage available for application of the manure and wastewater;
Provides adequate separation distances of the manure storage structures and confinement lots from property lines, roads, wells, and surface waters;
If a construction application is submitted that the structures are designed to be built according to the design standards outlined in the CFO rule and

CAFO General Permit Decisions & Public Participation

Existing farms who seek general permit coverage and are not proposing construction are considered covered under the general permit rule upon receipt of the application when the above review process determines the application is complete. Coverage under the general permit rule for farms seeking construction approval is reserved until the review process determines the design and construction proposal meets the applicable requirements of both the CAFO and CFO regulation. IDEM issues or denies a general CAFO NPDES permit after completing the above review process. Public participation steps during this process include the following:

The applicant, when applying for an NPDES permit for a CAFO on undeveloped land or for a previously unapproved CAFO, within 10 working days of the application's submittal, notifies

the owners of land adjacent to the proposed CAFO (or occupants on adjacent land when the landowner does not live on the adjacent land), and the county commissioners of the county where the CAFO is or would be located;

IDEM notifies local officials (county commissioners, mayors, town board presidents), when they receive the application and will place an ad in the largest daily published newspaper in the county of the farm location, advertising the submittal of the NPDES general permit application so that at any time during the review period and during the permit term, interested parties can send comments to IDEM regarding the eligibility of the applicant for an NPDES general permit. IDEM will consider the comments during the application review period to determine if an individual NPDES permit is more appropriate. If the permit is issued and comments are received during the permit term, IDEM will assess the merits of the comments and consider if the farm should operate under an individual NPDES permit.
IDEM notifies the applicant and carbon copies the local officials and anyone who submitted comments on the application when a decision is made on the permit application. The only aspect of this permit that is appealable is the eligibility for coverage under an NPDES general permit.

CAFO Individual Permit Decisions & Public Participation

IDEM issues or denies an individual CAFO NPDES permit seeking construction approval after completing the above described completeness review process. Public participation steps during this process include the following:

The applicant, when applying for a CAFO permit on undeveloped land or for a previously unapproved CAFO, within 10 working days of the application's submittal, notifies the owners of land adjacent to the proposed CAFO (or anyone who lives on adjacent land when the landowner does not live on the adjacent land), and the county commissioners of the county where the CAFO is or would be located;
IDEM notifies local officials (county commissioners, mayors, town board presidents) when they receive the application;
IDEM will accept comments at any time during the review process
If IDEMs review of the application warrants drafting a permit for consideration, one will be placed on proposed public notice for 30 days in the largest daily published newspaper in the county of the farm location. Interested parties can send comments to IDEM regarding the proposed permit.
IDEM will consider the submitted comments and determine if the draft proposed permit should be issued, modified, or denied. IDEM may hold a public hearing if the number of comments and interested parties warrants one.
IDEM notifies the applicant, all adjoining property owners/residents, local officials and other interested parties when a decision is made on the permit application. A petition for review of the decision may be submitted to the Indiana Office of Environmental Adjudication within 18 days of the mailing date of the decision.

Common Questions and Answers about CAFOs in Indiana

How many CAFOs are there in Indiana?

There are approximately 625 CAFOs in the state. This represents 20 percent of the IDEM regulated farms.

What percentage of the animals do the CAFOs produce?

IDEM estimates they produce 80 percent of the animals at regulated farms.

What are a few of the additional requirements CAFO operators must follow?

weekly inspections of their waste storage facilities
develop a Soil Conservation Practice Plan for all manure application sites controlled by the CAFO
develop a Storm Water Pollution Prevention Plan for the area immediately around the production barns
submit an annual report to IDEM
adjust land application rates based on nitrogen and phosphorus

How does local land use requirements effect IDEMs jurisdiction over approving a new CAFO farm?

IDEM must perform the process that state law and regulations have provided. IDEMs approval does not relieve the farm from complying with any local zoning requirements.

New Developments Regarding CAFOs

The USEPA CAFO rule issued on Dec 16, 2003 and was appealed by environmental and industry groups. The original appeal decision to vacate part of the rule and revise other parts was upheld and in late June, 2006, EPA proposed changes to the CAFO rule. IDEM will be reviewing the draft EPA rule changes to consider the potential need to revise their own rules which were tailored after the original EPA rule.

For Additional Information

IDEM Toll Free Number: (800) 451-6027, then give the operator the listed extension number
Confined Feeding Operation Approval Questions: (317) 232-4473
Compliance Questions: (317) 308-3016

Confined Feeding Statute IC 13-18-10
Confined Feeding Regulations
- 327 IAC 16
- 327 IAC 5-4-3 and
- 327 IAC 15-15
U.S.EPA CAFO website
Purdue's Animal Science and Agriculture faculty has developed a Web site with relevant information about CAFOs. The site contains are variety of informational topics and includes an "Ask the Expert" feature.