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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

Table of Contents

Important Links

CFO/CAFO Notices and Comments

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, 500 horses, 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 CAFO general permit regulation, 327 IAC 15-15 and the individual permit regulation 327 IAC 5-4-3 were adopted on Jan. 14, 2004 and went into effect on March 24, 2004. The CAFO regulations are based upon a U.S. EPA 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:

  • A completed CFO approval application form;
  • Confirmation that any applicant required public noticing was conducted;
  • A completed historical noncompliance disclosure statement, if necessary;
  • 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 CFO approval application, IDEM begins the review process to determine whether or not the confined feeding operation meets the following requirements:

  • The application form is completed and all required supplemental information has been provided;
  • All applicant required public noticing has been completed;
  • A completed historical noncompliance disclosure statement is provided, if necessary;
  • The storage structures will provide at least 180-days of storage for manure and wastewater;
  • Manure storage structures meet the design standards outlined in the CFO rule and Guidance Manual
  • Sufficient acreage has been submitted for application of the manure generated;
  • Meets the required setback distances of the manure storage structures and confinement barns and lots from roads, wells, surface waters, and property lines;
  • Includes a manure management plan detailing soil testing, manure testing and manure application areas

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 a CFO approval for construction of a new operation or to expand an existing CFO must within 10 working days of the application's submittal, notify the owners and occupants of land within 1/2 mile of a manure storage structure that an application was submitted to IDEM and a brief description of the subject of the application.
  • If the application does not propose to construct or expand a CFO but to just seek coverage of an existing previously unpermitted CFO, the applicant must notify the County Commissioners and adjoining landowners or occupants of land adjoining the CFO within 10 working days of the application submittal.
  • IDEM notifies local officials (county commissioners, mayors, town board presidents) when an application is received.
  • Comments may be submitted anytime during the review process.
  • 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 U.S. EPA 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 when the U.S. EPA rule was finalized in 2003, required all large CAFOs to seek permit coverage. Based on the U.S. EPA regulation, IDEM developed a general permit regulation (327 IAC 15-15) for CAFOs 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:

  1. The general permit establishes uniform criteria to be followed by those with a general permit.
  2. 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;
  • A completed historical noncompliance disclosure statement, if necessary;
  • Plans and specifications for the design and construction of the animal confinement structured and manure treatment and control facilities;
  • A manure management plan outlining procedures for soil testing and manure testing;
  • Plot maps consisting of NRCS Soil Survey and USGS Topographic Maps showing the location of animal confinement and manure storage structures, the CFO property lines and borders of manure application areas;
  • Farmstead plan showing the location of the existing and proposed buildings and waste storage structures in relation to the following features within 500 feet:
    • residences
    • water wells
    • drainage patterns
    • drainage tile inlets and outlets 
    • 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.

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 any necessary applicant public notice requirements and compliance disclosure statements were satisfied;
  • The manure/wastewater storage system provides at least 6 months of manure and wastewater storage capacity;
  • Sufficient acreage is available for application of the manure and wastewater;
  • Meets required separation distances of the manure storage structures confinement barns and 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 CFO Guidance Manual [PDF]

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?

  1. weekly inspections of their waste storage facilities
  2. develop a Soil Conservation Practice Plan for all manure application sites controlled by the CAFO
  3. develop a Storm Water Pollution Prevention Plan for the area immediately around the production barns
  4. submit an annual report to IDEM
  5. 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

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