"Local Boards of Health and Concentrated Animal Feeding Operations" presented by the National Association of Local Boards of Health.

1. Local Boards of Health and
Concentrated Animal Feeding Operations
Ohio Clean Water Conference
August 5th, 2011

2. Definitions
• Animal feeding operation (AFO) – lot or facility
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where animals are kept confined and fed or
maintained for 45 days or more per year. Crops,
vegetation, or forage growth are not sustained
vegetation or forage growth are not sustained
over a normal growing period.
• Concentrated animal feeding operation (CAFO)
– an AFO that contains a certain number of
animals, or have a number of animals that fall
animals or have a number of animals that fall
within a range and have waste materials that
come into contact with the water supply

3. CAFO Definitions
CAFO Definitions – Size
Regulatory Definitions of Large CAFOs, Medium CAFOs, and Small CAFOs
Size Thresholds (Number of animals)
Animal Sector
Animal Sector Large CAFOS Medium CAFOS * Small
CAFOs*
Regulatory Definitions of Large CAFOs, Medium CAFOs, and Small CAFOsLess than 300
Cattle or cow/calf pairs 1,000 or more 300‐999
Mature dairy cattle 700 or more 200‐699 Less than 200
Veal calves 1,000 or more 300‐999 Less than 300
Swine (over 55 pounds) 2,500 or more 750‐2,500 Less than 750
Swine (under 55 10,000 or 3,000‐9,999 Less than 3,000
pounds) more
Laying hens or broilers 30,000 or 9,000‐29,999 Less than 9,000
more

4. History CAFO Regulations
History – CAFO Regulations
• 1972 – Clean Water Act: AFOs first identified as potential
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pollutants
• 1976 – AFO and CAFO definitions created by the EPA for the
National Pollutant Discharge Elimination System (NPDES)
N ti l P ll t t Di h Eli i ti S t (NPDES)
process
• 2003 – CAFO regulations updated:
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– All CAFOs must apply for NPDES permit
– Large poultry operations were included
– CAFOs with NPDES permits have to submit nutrient
management plan

5. Environmental Health Effects
Environmental Health Effects
Most pressing public health concern with CAFOs is
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manure.
– CAFO manure contains plant nutrients (nitrogen,
phosphorus), pathogens (E. coli), growth hormones,
phosphorus) pathogens (E coli) growth hormones
antibiotics, chemical additives, animal blood, silage
leachate, copper sulfate.
– Manure becomes problematic in large quantities.
– When too much manure is applied to fields, nutrients
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overwhelm the capacity of the soil and run off or are
leached into groundwater.

6. CAFOs can cause:
CAFOs can cause:
• Groundwater contamination, which can affect the drinking water
supplyl
• Surface water contamination, which can denigrate the ecosystem
• A reduction in air quality in areas surrounding industrial farms,
which can trigger asthma
which can trigger asthma
• Greenhouse gas emission, which exacerbates climate change
• Foul odors
• A i
An increase in insect vectors
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• Pathogens, which can be transmitted to humans through fecal‐
oral transmission, inhalation, drinking water, or incidental water
consumption
• Antibiotic‐resistant bacteria through the non‐therapeutic use of
antibiotics in animal feed
• Decrease in property values
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7. Boards of Health
Boards of Health
• Authorized by state statutes to address
public health at the local level
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– Statutes establish the governmental subunits
of the state and give local governing units
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authority
– Detail the activities delegated to boards of
Detail the activities delegated to boards of
health
• 3 200 boards of health in 41 states oversee
3,200 boards of health in 41 states oversee
and support local health departments

8. Board of Health Challenges
Board of Health Challenges
• Volunteers – unpaid professionals
• Oth f ll ti
Other full‐time commitments
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• Majority have limited to no training in public
health No statutory requirements for formal
health – No statutory requirements for formal
training in public health exist
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• Meeting frequency = 1/month or quarterly y
• Almost 70% are appointed nationally/100% in
many states
• Multiple varied approaches to public health
governance across the country

9. Ohio Revised Code Authorizes..
Ohio Revised Code Authorizes..
• Every city, county, or district is served by a board
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of health
• All boards have full governance authority
• Composition: City/County have five members
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• Term Length: City/County serve 5‐year terms. Can
serve multiple terms.
• Both districts and counties require one physician
• District boards are contractually determined for
composition and term length

10. Governing Boards of Health
Governing Boards of Health
74.4% of boards of health are governing:
– establish local ordinances and regulations
– approve health department budgets and
expenditures, and fees for services, permits,
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and licenses
– hire/fire/evaluate the chief executive or
hire/fire/evaluate the chief executive or
health officer
– Set health department goals/strategic plan
– Review progress toward established goals
– Levy taxes

11. Policymaking Boards of Health
Policymaking Boards of Health
46.6% of boards of health are policymaking:
– given their authority by local governing units
given their authority by local governing units
to set policies, goals, and priorities that guide
a public health agency

12. Advisory Boards of Health
Advisory Boards of Health
32.8% of boards of health are advisory:
– report to their health officer and/or county,
city, or township commissions, who then act
on that information to establish policies,
programs, and budgets for public health
operations
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13. Board of Health Responsibilities
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All boards of health have significant
responsibilities for the overall health of their
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communities, including:
– proposing, adopting, and enforcing public health
regulations
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– recommending and establishing public health
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policies
– recommending health agency and community
public health priorities
– imposing fees
imposing fees
– approving health agency budgets

14. Board of Health Involvement –
Assessment
• Make sure there is an effective method for
a e su e t e e s a e ect e et od o
collecting and tracking public complaints about
CAFOs.
• Ensure that environmental health staff are
properly trained and educated about CAFOs.
• Offer services that may ease public frustration
with CAFOs:
• Fl t
Fly trapping program
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• Testing for water quality and quantity
• Monitoring emergency room exposure incidences
Monitoring emergency room exposure incidences

15. Board of Health Involvement –
Policy Development
• Adopt health‐based regulations about
Adopt health based regulations about
CAFOs.
• Boards should be aware any regulations
Boards should be aware any regulations
could be met with resistance (threats to
funding or lawsuits).
funding or lawsuits)
• Work with other local officials to institute
regulations, e.g., zoning ordinances.
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16. Board of Health Involvement –
Assurance
• Advocate for or educate about better environmental
practices with CAFOs.
• Hold public meetings to receive complaints and public
testimony about CAFOs.
• Collaborate with other agencies that have jurisdiction for
regulating CAFOs.
• Educate other local agencies and public officials about
Educate other local agencies and public officials about
CAFOs.
• Request a public hearing with the permitting agency of a
CAFO to express concerns about the public health effects.
CAFO to express concerns about the public health effects.
• Work with agricultural and farm representatives to teach
better environmental practices and pollution reduction
techniques.
techniques

17. Considerations for Boards of Health –
Right to Farm Laws
• Right to farm laws – created to address conflicts between
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farmers and non‐farming neighbors.
• They override common laws of nuisance, which forbid
people to use their property in ways that are harmful to
people to use their property in ways that are harmful to
others, and protect farmers from unreasonable controls on
farming.
• All 50 states have some form of right‐to‐farm laws They
All 50 states have some form of right to farm laws. They
were created in the 1970s to protect family farms from
suburban sprawl, before industrial farms were the norm.
• Right to farm laws can hinder nuisance complaints against
Right to farm laws can hinder nuisance complaints against
CAFOs brought about by community members and prevent
local government or health officials from regulating family
farms.

18. Additional Resources
Additional Resources
• National Association of Local Boards of Health
National Association of Local Boards of Health
– www.nalboh.org
• NALBOH Repository of Local Environmental
NALBOH Repository of Local Environmental
Health Policies –
http://nalboh.org/EH_Local_Policies.htm
http://nalboh org/EH Local Policies htm

19. Additional Resources
Additional Resources
• Environmental Protection Agency – Animal feeding
operations.
http://cfpub.epa.gov/npdes/home.cfm?program_id=7
• Food and Water Watch.
http://www.foodandwaterwatch.org/
• National Agriculture Law Center.
Animal feeding operations reading room.
Animal feeding operations reading room
http://www.nationalaglawcenter.org/readingrooms/afos/
• Pew Commission on Industrial Animal Farm
Production. http://www.ncifap.org/
Production http://www ncifap org/
• Purdue Extension. Concentrated animal feeding
operations. http://www.ansc.purdue.edu/CAFO/

20. More Information
More Information
National Association of Local Boards of Health
National Association of Local Boards of Health
(NALBOH)
1840 East Gypsy Lane
1840 East Gypsy Lane
Bowling Green, OH 43402
(419) 353‐7714
http://www.nalboh.org/
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