By BILL HYDEN
Farm World Intern-Indiana

INDIANAPOLIS, Ind. — Johannes DeGroot hoped for the day when others would view his dairy as the future in agriculture.
Instead, his Andews, Ind. farm has come under scrutiny for past and present investigations by the Indiana Department of Environmental Management (IDEM).

Recently, IDEM revoked a CAFO (Confied Animal Feeding Operation) permit for the dairy, accusing the farm of contaminating local waterways with manure from the cows.

“A spill occurred that IDEM responded to,” said IDEM spokeswoman Amy Hartsock. “It’s true that the agency responded to this,” and recently determined action to revoke the dairy’s permit to milk cows.

DeGroot’s dairy first received permits to operate in 2001. During its brief existence, DeGroot has led a history of environmental mishaps.

In April, July and August of 2002, the farm allowed manure to discharge into nearby waterways. Both parties entered into a settlement on Nov. 4, 2004, contingent on DeGroot taking proper prevention measures.

In 2005, DeGroot was again visited by IDEM, as a feeding operation was built without necessary permits.

“IDEM is working with (DeGroot) to ensure the structure is permitted,” Hartsock said. “The objective here is to make sure it is properly constructed to conform to facility requirements.”

The latest accused spill occured in April 2007 and recent IDEM field tests showed elevated levels of ammonia nitrogen and E. coli bacteria likely from the dairy’s manure.

Peter Racher, an attorney for the dairy, represented the farm’s interests.

“These are serious violations that have been alleged,” he stated. “Manure escaped, and with the help of precipitation, ran to the Salamonie Reservoir. IDEM hasn’t proven this, and fair-minded observers would take this into account.”

Racher anticipates his client will file a petition for review by the IDEM office, but it was unclear what would happen to the cows at the dairy.

He said questions remain over how to close the dairy without harming the animals or the environment. Racher also said he plans to research whether an agency can allow a private business investment and then revoke the business’ right to exist based on a permit violation.

Racher believes many want the farm shut down for different reasons.

“Some of the animosity is based on the farm having owners with Dutch ancestry,” he said. “Some of the past we associate with the Ku Klux Klan and other nasty elements of this state have reared their ugly head. This is the only way to explain these sentiments.”

According to IDEM, DeGroot Dairy is one of about 500 CAFOs in Indiana. Permits to operate these farms must be obtained through IDEM, and regulations are set through the Environmental Protection Agency’s Clean Water Act, enacted in 2003.

A CAFO consists of 1,000 dairy cattle fed in confinement, and the sheer size sets it apart from other similar farms. CAFOs are seen by some in Indiana as vital to boosting lagging rural economy, while others regard them as a nuisance.

State Sen. Allen Paul (R-Dist. 27) took up the cause for those bothered by large-scale farming, introducing Senate Bill 447, which calls for a halt to any further construction of these facilities.

“This legislation is strictly run by constituents,” Paul said. “There were more calls and questions on CAFOs than any item we have discussed. There is public outcry to slow the process down.”

Paul lamented the nature of complaints directed to his office. He also mentioned the smell affecting those living near such farms.

“You can’t cook outside during the evenings,” he said.
Racher believes citizens who are the driving force behind CAFO regulations are also to blame for anger toward DeGroot. “You can pick up the local papers and see the letters to the editor,” he said.

Calls to implement this legislation have met opposition from organized interests as well.

“I am disappointed,” said Don Villwock, president of the Indiana Farm Bureau. “The track record of CAFOs is 98-percent compliant with IDEM.” He also said that “more regulation is quite concerning.”
Villwock doesn’t absolve DeGroot from any wrongdoing. “They have had more than their share, compared to similar dairies from my experience,” he added.

Racher believes that the dairy can satisfy all interests involved.

“False accusations going away would ensure better compliance on DeGroot’s behalf,” he said. “It’s true that Mr. DeGroot is very entrepreneurial. He’s always working to be more efficient, and environmentally friendly. His goal is a modern farm and facility.”

This farm news was published in the June 2, 2007 issue of Farm World, serving Indiana, Ohio, Illinois, Kentucky, Michigan and Tennessee.