Concentrated Animal Feeding Facility Advisory Committee
January
14, 2002
In
attendance from the Ohio Department of Agriculture were: Kevin Elder, Mark
Wilson, Deb Abbott, Sereana Howard Dresbach, Peggy Jackson and Diane Conley.
Committee
Members present:
Doug
Alderman, Burch Hydro
Cathy
Alexander, Ohio EPA
Kim
Coy, Akron City Water Supply
Chuck
Divelbiss, Licking County Citizens
John
Douglass, Ohio Dairy Farmers Association
Maurice
Eastridge, Ohio State University
Kevin
Elder, ODA Livestock Permitting Program
Tony
Forshey, Profession Veterinary Service
Pat
Hord, Ohio Pork Producers
Martin
Joyce, ODNR Soil & Water Conservation
Susan
Studer King, Ohio Environmental Council
Bill
Lierman, Ohio Farmers Union
Ben
Stinner, Ohio Alliance for the Environment
Tim
Weaver, Weaver Brothers Poultry
David
White, Ohio Livestock Coalition
Christina
Wilson, Ohio Environmental Health Association
Jim
Young, Ohio Federation of Soil & Water Conservation Districts
Members
Absent:
Tim
Barnes, Scioto Farms
Don
Clark, Ohio Department of Development
Bill
Cleland, Ohio Cattlemen’s Association
Terry
Haworth, Darke County Commissioner
Start
of Meeting
The
meeting started out with a welcome and introduction of Committee Members and
Ohio Department of Agriculture staff. There was also an overview of the agenda
for the day.
The
Director of ODA will appoint a chairperson and vice-chairperson of the committee
as outlined in S.B. 141. The CAFF Advisory committee can make recommendations to
the Director of whom they will like to serve as the chairperson and
vice-chairperson.
The
original appointments for committee members were in staggered terms of
one-, two-, and three-years terms. Reappointments are for three years. The first
one-year appointments will be ending on March 14, 2002. (This date is different
than the one discussed in the committee meeting. A review of the statute found
that appointments end on the anniversary of the effective date of the statue,
which is March 14.)
Duties
of the Chair and Vice Chair:
Call
the meeting, review housekeeping items
Communicate
with the Director
Have
close contact with the ODA staff
Move
agenda forward
Communication
with advisory groups and staff
Chair
must stay neutral
Vice
chairperson will take over if chairperson is absent
After
much discussion, the committee proposed to elect Kevin Elder as Vice Chair
and/or Executive Secretary, who will work closely with the Chair. Vice Chair
will also be in charge of working groups. The committee proposed to elect Doug
Alderman as Chair effective immediately. (This date is different than the one
discussed in the committee meeting. A review of the statute found that the
appointment of the chairperson and vice-chairperson is done “at the first
meeting of the committee in each calendar year.”) This will be recommended to
the Director.
The
following are the boundaries in which the committee has to work within according
to S.B. 141:
Meetings
scheduled through the chairperson or a majority of members
Chairperson
and vice-chairperson to be designated by the Director of ODA
Needs
to be a majority vote by the committee for action to be taken on any matter
Members
only get reimbursed for travel expenses
The
committee may:
Adopt
rules or procedures for governing its internal affairs
Request
meeting space, support staff, service and data
The
committee shall (directly from S.B. 141):
Advise
the director on the administration of this chapter
Keep
abreast of advances in manure management practices and annually advise the
directors of agriculture, environmental protection, and natural resources of
the recent advances in those areas and regarding the need for amending what
constitutes best management practices
In
consultation with the director of agriculture, prepare and, upon request,
distribute written materials designed to assist person who propose to
establish a new or modify an existing concentrated animal feeding facility
in applying for a permit to install or permit to operate. The materials also
shall include information stating that, in addition to obtaining a permit to
operate, it may be necessary to obtain a NPDES permit for the discharge of
manure or storm water. In addition the written materials shall include
information on the meaning of a “complete application” for all of the
permits, information on the public meeting process in connection with the
relevant permits issued under this chapter, and a summary of the
antidegradation policy established under section 6111.12 of the Revised Code
together with an induction of the possibility that the owner’s and
operator’s proposed new or modified disposal system for manure or
discharges may be subject to that policy.
Within
12 months of the effective date of this rule examine scientific application
of the “animal unit” and submit findings and recommendations to the
General Assembly, the Governor, and the directors of agriculture,
environmental protection, and natural resources the committee’s findings
and any recommendations for legislative changes in that definition that are
necessary or appropriate to reflect on a more scientific basis manure
generation rates among livestock species and types of concentrated animal
feeding facilities.
The
committee can also adopt ground rules or bylaws governing their internal
working. The committee discussed the following as proposed bylaws:
Ex
officio members will be able to vote on issues and will be equal to statutory
members.
The
committee wanted to define “quorum” as more than half of the members on the
committee, or 11.
The
committee agreed to use alternates as in the RAC and not allow absentee voting.
There was discussion on whether to appoint one alternate and an additional
designee if the member or alternate was not available to attend the meeting. It
was agreed by the committee that the additional designee(s) would not have all
the background knowledge of the committee to be able to vote on issues. Also,
trying to keep everyone updated and informed would make the mailing too large.
The committee’s seated member is responsible for keeping the alternates
up-to-date on information regarding meetings (the alternates will be receiving
meeting packets and mailings). The nominating organization is responsible for
sending a representative who is informed about their position on the issues.
Meeting
notes will be taken at each meeting, with one change from the RAC meetings. It
was suggested that discussion, as well as agree to disagree positions, be
attributed to organizations and members’ names to better help the committee
members remember issues discussed.
ODA
staff will draft the bylaws for the committee and have the legal staff review
discussions regarding the issues of quorum and majority vote.
Other
actions of the committee:
Discuss
issues to reach consensus
Majority
vote for actions
Agree
to disagree reflected in meeting notes
Submitting
of additional information optional
The
committee concluded they wanted to operate using the RAC ground rules with the
above changes, which they approved, as their bylaws.
Organization
of tasks and time proposals:
Working
groups – what groups are needed?
At
least two members of the committee and one staff person on each working
group
The
working groups will be used for researching an issue, but they will not be
requested to bring forward a recommendation to the CAFF Advisory Committee
meeting – they can make recommendations if they feel strongly on a subject
The
meetings will be planned for the majority of the day (9 a.m. to 4 p.m.) with
working group meetings in the morning and CAFF Advisory Committee in the
afternoon.
The
chairperson and the vice-chairperson will coordinate the schedule.
Working
groups will set their own schedule and have meetings as needed
The
CAFF Advisory Committee requested more notice (14 days) than the statutory 7
day notice – need to run by attorneys to see if the number of days can be
changed
Formal
decisions of the CAFF Advisory Committee shall be held during the formal
meetings; not through e-mails and phone calls
ODA
asked the committee how they would like to receive information. It was agreed
that between the e-mail and postal mail, the information was received in a
timely manner.
Notice
of meeting – ODA staff will get out information as soon as possible prior to
the meetings, but some issues arise at the last minute, i.e., agenda item. The
chairperson is to be informed about any agenda changes as they occur.
Kevin
asked the committee if they had any input to offer as to whether ODA should have
additional public information meetings prior to or during the 30-day comment
period after the draft rules were filed with JCARR. The Ohio Department of
Agriculture historically only holds one formal public hearing. However, the
committee suggested informal informational meetings in at least one more area of
the state would be helpful. They also discussed evening versus daytime meetings.
After discussing several different scenarios, the committee recommended ODA host
two additional informational meetings, one in the Lima area and a second in the
Wooster area, in an open house format. Members of the Rule-Making Advisory
Committee were encouraged to attend. The suggestion for the additional
informational meetings will be forwarded to Director Dailey.
According
to the statute, the committee shall review the definition of animal unit and
make a formal report to the General Assembly, the Governor, and the directors of
agriculture, environmental protection, and natural resources. It was suggested
that the Animal Unit Working Group be the first working group. Members of that
working group are Chuck Divelbiss, Cathy Alexander, Maurice Eastridge
(chairperson), Susan Studer King, Martin Joyce, Kevin Elder, and Jim Young.
Their first meeting will be on January 30 from 2-4 p.m. Naming any additional
working groups will wait until after the rules are filed.
One
issue regarding bylaws was revisited at the end of the meeting. There was a
proposal that two-thirds of the committee would be needed to change any of the
bylaws after the committee initially approved them. The proposal was approved.
ODA
staff is still working on getting the rules filed with JCARR. It has become a
more time-consuming task than first anticipated. The goal now is to have them
filed around March 1st. The Director is still working on the “agree
to disagree” issues.
Director
Dailey sent out a letter to the RAC members thanking them for their hard work on
the committee. Also, another letter went out asking for more nominations for the
one-year terms ending June 30, 2002. These terms will be filled from July 1,
2002, to June 30, 2005. The organizations can nominate the same member, if they
desire.
Animal
Unit Working Group Meeting: January 30, Bromfield
CAFF
Advisory Committee Meeting: March 5, Bromfield
CAFF
Advisory Committee Meeting: June 11, Bromfield
CAFF
Advisory Committee Meeting: September 10, Bromfield