A3O-Lancaster Farming, Saturday, April 12, 2003 Township Supervisors (Continued from Page A 1) The Municipal Planning Act, amended in 2000, provides broad definitions for the preservation of agriculture, carrying the cause promoted by Farm Bureau. Farmers are allowed to adopt new procedures and new meth ods of efficiency to their opera tion to ensure the continued suc cess of Pennsylvania agriculture. Zaleski noted that with the new definitions, “your efforts to rule out intensive agriculture op erations are doomed to fail.” Under the code, ag cannot be restricted where it has been tradi tionally present, noted the attor ney. If you try to rule large-scale enterprises out, you have to pro vide sufficient evidence to justify that exclusion. If supervisors don’t come up with satisfactory, zone-based so lutions, then the decision-makers in communities who didn’t ad dress the problems, warned Za leski, “will be replaced with folks with very specific agendas.” The zoning can be specific and accommodate the needs of large scale ag enterprises. At the same time, at that point, zoning regula tions can deal with the issues of traffic, water, odors, dust, and other concerns. Zoning to control use can de fine a lot of things, including what side of the roads can be used. Communities should put more effort into designating the areas where large-scale agricul ture is desired, where it should go- To enact these kinds of things could require “political guts,” Za leski said. Supervisors should “jointly plan with other communities, using cooperative comprehensive planning and zoning,” noted Christine Kellett, professor of law, Penn State Dickinson School of Law. Kellett noted that if there are disputes, making use of good me diators can help both sides. Mike Brubaker, president of the Brubaker Corp., noted that “intermunicipal cooperation” is key. Brubaker commented on the changing nature of agriculture and the increasing need for large scale production as the popula tion has increased dramatically. “We’re a world superpower in food production,” he said. Brubaker spoke about the new concentrated animal feeding op erations (CAFO) rulings that focus not on concentration of ani mals, but on sheer numbers of livestock in a facility. Kellett, of the Penn State Dickinson School, reviewed a his tory of the Clean Streams Act of 1939 and the subsequent de velopment of the Clean Water Act of 1975, in addition to the Right To Farm Law. The key: the court interpretation of the law, which is up to a judge's decision Graystone Small Animal Sale LLC (Root’s Market Manhcim, PA) Every Tuesday 4:30 pm Receiving 6 am till sale time All kinds of Poultry, Rabbits, Guinea Pigs, Pigeons 717-898-0755 Brubaker noted that munici palities can work to ensure the vi ability of agriculture. Those in agriculture can host ag summits, encourage roadside stands (he be lieves the future of agriculture is either large-scale or niche mar kets), distribute a monthly news letter, host community gardens, provide conflict resolution serv ices, and conduct open houses to the community. During the convention, Agri culture Secretary designee Den nis C. Wolff hosted visitations to two Lancaster County large-scale farming operations, also CAFOs, in conjunction with the Pennsyl vania State Association of Town ship Supervisors PSATS State Convention, Sunday afternoon. “It is my hope that these visi tations will provide local officials with a better awareness and un derstanding of what CAFOs are and how they help both the farm families and their surrounding communities,” Wolff said. Approximately 80 township supervisors traveled to Lancaster County to gain first-hand inform ation about CAFO livestock fa cilities. Farm owners provided officials with an in-depth discussion on how they manage their operation, how they address neighbor rela tions and nutrient management plans, and the importance of their businesses to the local econ omy. Community character is exem plified by the Brubaker Farm, Mount Joy. This CAFO, owned by Luke and Barbara Brubaker in partnership with their two sons, Mike and Tony, lies on the outskirts of Mount Joy and pro vides a beautiful green expanse among community development. Luke Brubaker believes in his investment. “I believe agriculture and the community can live to gether. Agriculture is going to move where the infrastructure is. Lancaster County has the infra structure.” The Brubaker family has made use of Lancaster Coun ty’s fine agricultural landscape. In 1929, Luke’s father started the operation with only eight cows. Under a formal partnership be tween Luke and his two sons, the Brubaker Farm consists of 600 dairy cows, 450 young stock, and a 48,000-bird broiler chicken op eration. Over the years, growth and ex pansion of the Brubaker Farm mmmmwwww w w w w w w w 3K ?o\ /T 4 /IK ?(K ?(K y<K /*K ?0V ?K Having nightmares about overflowing manure?? eg It ra f'\% w 'W Mi w m #f tx J)/ *4£ Sf\ Mi TVs* ]f Do you need more manure storage? S Not sure where its going to go? TeamAg Engineers can help with innovative ways to manage manure. w Call us today for help with: • Grants • Design of Manure Management Systems lot • Composting • All kinds of Manure Storage Systems • Methane Gas Digesters M 717-721-6795 ■ H Incorporated 901 Dawn Avenue, Ephrata, PA 17522 WWHwwWwwwww w w w w w w w w w IK IK IK IK IK IK IK IK IK lr> IK IK IK Is my dairy cow or heifer operation a CAFO’ Your operation is a CAFO See the pamphlet if it 15 an animal feeding WiH My Operation operation (ATO) ana it Regulated? lor meets one of the following !he deflnlUon of conditions an Large CAPOs Your dairy cow or heifer AF J 15 a large CAFO If it has at least v 700 dairy cows «r 000 hPilers Medium CAPOs Your dairy cow ui ncife AFC is a Medium CAFO if it has at least v 200 dan y cow* S 300 heifers v a man made ditch or pipe carries manure or wastewater from your operation or youi animals come into contact with surface water running through the area where they re confined Designated CAPOs Mo matter what size your operation c if it is an AFO t can be designated a CAPO If your permitting authority inspects your operation and finds that ft s adding pollutants to surface waters your operation might need a CAFO permit My operation is a CAFO. What do I have to do? You must apply to your permitting authority for a permit Most states have the autiwtty to manage CAFO programs ar d issue permits State CAFO programs are based on the 'evised national regulation tou tan use this pamphlet to help you learn about the n inr i> requirements for a permit You should contact your permitting authority to find o it what your ' (■ ire t requirements are and how to apply for a permit Check the insert to his pamphlet for your pe nutting authority s contact information. was undertaken to keep the oper ation profitable. The farm’s in come sustains the three farm families that rely on it for their economic well-being. Mike Brubaker noted three reasons why they chose to farm as a family: 1) to support their family financially; 2) to provide their families with a better quali ty of life; and 3) to meet environ mental requirements. The Brubaker Farm has ap proximately 1,300 animal units and is therefore considered a CAFO. The Federal CAFO pro gram is administered in Pennsyl vania by the Department of Envi ronmental Protection (DEP). This program- regulates farms based on size and density of the operation. Any farm with greater than 1,000 animal units (an ani mal unit is considered to be 1,000 pounds of animals), or any Con centrated Animal Operation (as defined by Pennsylvania’s Nutri ent Management Act) with great er than 300 animal units, is con sidered to be a CAFO. The Brubakers have obtained the necessary CAFO permits from DEP to allow them to oper ate their CAFO facility. In adherence with an Erosion and Sedimentation Control Plan as well as conservation and nutri ent management plans, the Bru bakers have implemented prac tices including stream bank What will my operation's permit require? Requirements for large dairy cow or hetfer CAFOs Vuu. CAfO permit will require you to meet c ertam h^ienl ™na 9 ement (or Large dairy cow or helfet conditions for your production and land application areas The specific reouiremenls of your pe mit will depend on whether your operation is a Large Medium or designated CAfO Requirements for all dotty cow or heifer CAFOs You can expect your permit to require you to v implement a nutrient management plan v Submit annual reports to your permitting authority S beep your permit current until you completely dose your operation and remove an manure •S Keep records of your nutrient manage* ent pnrtk.es for at least 5 years (see the pamphie IVhat Are the Federal Record beeping and Reporting Requirements?) Nutrient management plans for all dairy cow and heifer CAPOs must include provisions for * Assuring adequate manure storage capacity / Proper handling of dead animals and chemicals ✓ Diverting clean water from the production area v Keeping animals out of surface water s Using site specific conservation practices •f Developing ways to test manure and soil v' Assuring appropriate use of nutrients whe' you spread manure * heepmg leconb of your nutnont management practices Your permitting authority might set more requirements for any size CAPO Requirements for Mtdtum and designated dairy cow or heifer CAFOs ’tour permitting authority might set more requirements for your nutrient management plan These requirements win depend on the permit writer s bos'- professional judgment and could be like the requirements for Large dairy cow or heifer CAFOS fencing, grassed waterways, barnyard roof runoff manage ment, a manure storage facility, a filtration and sedimentation basin, stripcropping and contour farming, and dead bird compost ing. Community development is important to the Brubakers. Many of the necessary products and services needed to run the farm are purchased from local businesses, contractors, and builders. In addition, the Brubak er Farm supports eight local em ployees and their families. The farm has also been pre served as agrijpultural land through the Pennsylvania Farm land Preservation Program. The group also visited a differ ent type of CAFO. Eugene and Charlene Nolt and their three children Sarah, Katie and Ryan, own the Nolt Farm in New Hol land. This farm operation, includes the production of animal feed crops, tobacco, a swine finishing facility, a dairy heifer facility, and several beef show animals. In the late 1800 s, Gene’s great grandfather purchased the farm, and it has been handed down ever since. In 1986, Gene pur chased the farm from his father. At that time the farm had 100 steers and produced tobacco and feed crops. Since that time, Nolt’s family size and financial needs changed Agricultural Generators Detroit Deisel Spectrum Automatic PTO Generators L.R Gas, Diesel 25 to 135 KW Units Natural Gas Generators In Stock! 5 to 2,000 KW Service - Rental - New & Used Units In Stock! ftEHOKSms* Power Generation Systems Specialists 330 Founderwhite Road, Lebanon, PA 17042 Call Leonard Martin 717-273-4544 Fax: 717-273-5186 e-mall; lmartinepennpoweraystems.com CAfOs nave moie requirements for production and land application areas !h«. production area Production area /■ Design your production area to contain all of you' CATOs manure plus the runoff from a 25 year 24 hour rainfall event (large storms) (Overflows from large atom's are allowed only )f your operation is designed and operated to meet these speciflcahons ) ys ir m nifth ire r cxijf d snd msnuie • si " <J ✓ Jnstall depth markers m liquid manure storage structures / inspect your production area weekly and ail water lines daily * Correct any problems you find as soon as possible Propeiiy handle dead animate Land application area v App'y manure at r 3tns that meet your permitting authority s standards , V Analyse manure for nutrient content at least once a year v Analyze the soil from your land application fields for phosphorus amounts every S years ire land application ilea include' m V Avoid applying manure to any land within 100 feet of surface water the und under your control where /Ou s Prom time to time inspect your land application equipment for leaks spread manuie Transferring manure to other persons -/■ Keep records for at least 5 years on the dale recipient amount and nut ient content of the manure you tr insfeired ✓ Information about the nutrient content of your manure must be given to the recipient without a corresponding increase in commodity prices. To earn the income needed to support his family, Nolt decided to grow fin ishing hogs under contract. Now, with more than 4,000 hogs, the Nolt operation is considered a concentrated animal operation (CAO) and is regulated under Pennsylvania’s Nutrient Manage ment Act (Act 6). Any animal production farm in the state that has an animal density of greater than 2,000 pounds of animals per acre of cropland is considered a CAO. This regulatory program re quired the Nolts have a nutri ent' management plan, which they have been implementing since 1998. With approximately 640 Animal Units, the farm is also a CAFO. The Nojfs have/ototained the necessary CAFO permit from DEP fo 'allow them to operate their CAFO facility. Nolt’s opera tion is a vital part of the local economy in the New Holland area. His farm has developed into a sustainable and effective family business. For more information about the CAFO or CAO, contact the Pennsylvania Department of Ag riculture’s State Conservation Commission at (717) 787-8821 or at www.agriculture.state.pa.us. Editor’s note: The Pennsylva nia Department of Agriculture contributed to this report. Some Large dairy cow or heifer CATOs may qua) fy for equivalent discharge allowances If you use innovative technologies like treating wastewater in your production area ask your permitting authority about your options
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