You may not think anyone watches what you do on your farm, but that may not be true. However, it’s likely not Big Brother, which would include the Indiana Department of Environmental Management. More often than not, it’s a neighbor. And if that neighbor doesn’t like what you’re doing, he or she may figure out how to file a complaint with IDEM.

Julia Wickard feels farmers ought to know what happens next if that occurs. She is the ag liaison for IDEM. Check out other comments from Wickard in previous articles in this series: Ag gains new link to IDEM, New liaison explains IDEM's role in Indiana and Why someone from IDEM might visit your farm.

Neighbor complaints
In this continuation of an interview with Indiana Prairie Farmer, Wickard explains what can happen if an IDEM visit to your farm isn’t just a routine call.

If a neighbor calls in a complaint, is IDEM obligated to investigate? IDEM generally investigates whenever a complaint is received or a spill report indicates the spill may have originated at a farm. It is IDEM’s standard practice to follow up and provide a response to every complaint.

Follow-up could be as simple as inspecting the farm to determine whether there is a violation, or to investigate further if there is a threat to the environment. Every situation is different, and each investigation could have different outcomes. A low percentage of complaints result in enforcement actions. Some complaints IDEM receives are for issues that IDEM doesn’t have regulatory authority to address. Examples include odor and injection, incorporation of manure during land application, and pesticide drift issues, which we will address later.

If you have a chemical or fertilizer spill, what should you do? IDEM regulates organic manure spills and the Office of the Indiana State Chemist regulates chemicals and inorganic fertilizers. To report a spill to IDEM, contact 888-233-7745. To report an event to OISC, contact the fertilizer program administrator at 765-494-1547.

Does IDEM respond to complaints about herbicide drift? No, this is under the authority of the Office of Indiana State Chemist regulations. They would respond to this type of complaint and investigate, but not IDEM.

What type of fines and penalties can IDEM enforce for issues that fall under its jurisdiction? The penalty depends on the seriousness of the violation. That’s based on the extent of deviation from the requirement, and the potential for harm to human health and the environment. IDEM’s response to violations can vary from informal violation letters with no penalty to a formal notice of violation.

If a formal enforcement action is taken, IDEM’s Office of Land Quality will issue a notice of violation that provides notice that violations may exist and offers an opportunity to enter into an agreed order. Once the notice of violation and proposed agreed order are received, there is the opportunity, either in person or by phone or email, for settlement discussions. 

Only about 4% of CFO/CAFO [confined feeding operation/concentrated animal feeding operation] inspections result in a penalty being assessed. A portion of a penalty may also be offset by completing a Supplemental Environmental Project, which is an environmentally beneficial project that goes beyond the requirements of the regulations. An SEP must be approved by IDEM as part of the settlement negotiations to resolve the enforcement action.