[1]
Editor's Note: This ordinance also repealed
former Art. IV, Animal Waste Management, added by Ord. No. 90-6, as
amended.
The ordinance codified in this article is adopted under authority
granted by §§ 59.02, 59.03, 59.69, 59.70, 92.15 and
92.16, Wis. Stats.
This article shall be known as, referred to and may be cited
as the "Pierce County Waste Storage Ordinance" and is hereinafter
referred to as "this article."
A.Â
The Pierce County Board of Supervisors finds that storage of waste,
which includes manure, milking center waste and other organic waste
generated by a livestock facility, in storage facilities not meeting
sufficient technical design and construction standards may cause pollution
of the surface and ground waters of Pierce County and may result in
harm to the health of County residents, to livestock, aquatic life
and other animals and plants and to the property tax base of Pierce
County.
B.Â
The Pierce County Board of Supervisors also finds that improper management
of waste storage facilities and utilization of stored waste may cause
pollution of the ground and surface waters of Pierce County. The Pierce
County Board of Supervisors further finds that the technical standards
developed by the United States Department of Agriculture, Natural
Resources Conservation Service, and adopted by the Pierce County Land
Conservation Committee provide effective, practical and environmentally
safe methods of storing and utilizing waste.
The purpose of this article is to regulate the location, design,
construction, installation, alteration and use of waste storage facilities
and the application of waste from these facilities in order to prevent
water pollution and thereby protect the health and welfare of Pierce
County residents, animals and plants and the economy. It is also intended
to provide for the administration and enforcement of this article
and to provide penalties for its violation.
This article applies to the entire geographic area of Pierce
County.
The provisions of this article shall be held to be minimum requirements
and shall be liberally construed in favor of Pierce County and shall
not be deemed a limitation or repeal of any other power granted by
the Wisconsin Statutes.
If any section, provision or portion of this article is ruled
invalid by a court, the remainder of the article shall not be rendered
ineffective by the court's ruling.
This article shall become effective upon its adoption and publication
by the Pierce County Board of Supervisors.
As used in this article, the following terms shall have the
meanings indicated:
A facility, permitted under this article, where waste has
not been added or removed for a period of 24 months.
Any person who applies for a permit under this article.
The top of the shallowest layer of a soil profile that consists
of consolidated rock material or weathered-in-place material, more
than 50% of the volume of which will be retained on a 2 mm soil sieve.
An agricultural engineering practitioner who is certified
under Section ATCP 50.46, Wisconsin Administrative Code, with a rating
under Section ATCP 50.46(5), Wisconsin Administrative Code, that authorizes
the practitioner to certify every matter that the practitioner certifies
under this chapter.
A waste storage facility that has been closed in compliance
with this article and NRCS Technical Guide, Standard 360.
The Pierce County Department of Land Conservation.
Soil particles that pass through a No. 200 soil sieve.
An area or superficial geologic feature subject to bedrock
dissolution so that it is likely to provide a conduit to groundwater,
including caves, enlarged fractures, mine features, exposed bedrock
surfaces, sinkholes, springs, seeps or swallets.
Domestic animals traditionally used in this state in the
production of food, fiber, or other animal products, including cattle,
swine, poultry, sheep and goats. Does not include equine animals,
bison, farm-raised deer, fish, captive game birds, ratites, camelids
or mink.
A building or other structure used to house or feed livestock,
to confine livestock for milking, to confine livestock for feeding
other than grazing, to store livestock feed, or to collect or store
waste generated at a livestock facility. Includes a barn, milking
parlor, feed storage facility, feeding facility, animal lot or waste
storage facility. Does not include a pasture or winter grazing area,
a fence surrounding a pasture or winter grazing area, a livestock
watering or feeding facility in a pasture or winter grazing area,
or a machine shed or like facility that is not used for livestock.
Excreta from livestock and other materials such as livestock
bedding, water, soil, hair, feathers and other debris normally included
in animal manure operations.
A repair or improvement in the construction of an existing
livestock structure that does not result in a substantially altered
livestock structure.
A facility that will be used as a livestock facility for
the first time or for the first time in the last five years. Does
not include an expanded livestock facility if any portion of that
facility has been used as a livestock facility in the preceding five
years.
The signed, written statement issued by the Pierce County
Land Conservation Department under this article authorizing the applicant
to construct, install, reconstruct, enlarge or substantially alter
a waste storage facility and to use or dispose of waste from the facility.
Any person to whom a permit is issued under this article.
Any individual, corporation, partnership, joint venture,
agency, unincorporated association, municipal corporation, county
or state agency, within Wisconsin, the federal government or any combination
thereof.
A professional engineer registered under Chapter 443, Wis.
Stats.
Waste storage structure that undergoes a material change
in construction or use, including any of the following material changes:
Any one of the following [See Section NR 151.015(18), Wisconsin
Administrative Code]:
An area within 250 feet of a private well.
An area within 1,000 feet of a municipal well.
An area within 300 feet upslope or 100 feet downslope of karst
features.
A channel with a cross-sectional area equal to or greater than
three square feet that flows to a karst feature.
An area where the soil depth to groundwater or bedrock is less
than two feet.
An area where the soil does not exhibit one of the following
soil characteristics:
At least a two-foot soil layer with forty-percent fines or greater
above groundwater and bedrock.
At least a three-foot soil layer with twenty-percent fines or
greater above groundwater and bedrock.
At least a five-foot soil layer with ten-percent fines or greater
above groundwater and bedrock.
The United States Department of Agriculture (USDA) Natural
Resources Conservation Service Technical Guide for the State of Wisconsin
and amendments.
A quantity of manure at least 175 cubic feet in volume that
covers the ground surface to a depth of at least two inches, but does
not include any of the following:
Manure, milking center waste and other organic waste generated
by a livestock facility.
One or more waste storage structures, including stationary
equipment and piping used to load or unload a waste storage structure
if the equipment is specifically designed for that purpose and is
an integral part of the facility. Does not include equipment used
to apply waste to land.
A waste storage impoundment made by constructing embankments,
excavating a pit or dugout, or fabricating a structure. Does not include
equipment to apply manure to land:
[Amended 9-27-2011 by Ord. No. 11-07]
A waste storage facility and related practices needed for
the environmentally safe storage of manure at that facility. Does
not include any of the following:
[Added 9-27-2011 by Ord. No. 11-07]
Contaminating or rendering unclean or impure the ground or
surface waters of the state or making the same injurious to public
health, harmful for commercial or recreational use or deleterious
to fish, bird, animal or plant life.
Any person who designs, constructs, installs, reconstructs,
enlarges, substantially alters, or closes a waste storage facility
or who employs another person to do the same on land subject to this
article shall be subject to the provisions of this article.
A.Â
General design, construction and maintenance.
(1)Â
New or substantially altered waste storage facilities shall be designed,
constructed and maintained to minimize the risk of structural failure
and to minimize the potential for waste discharge to surface water
or groundwater. A waste storage facility may not lack structural integrity
or have significant leakage. An unlined earthen waste storage facility
may not be located on a site that is susceptible to groundwater contamination.
(2)Â
Storage capacity.
(a)Â
The waste storage capacity shall be adequate for reasonably
foreseeable storage needs based on the operator's waste and nutrient
management strategy.
(b)Â
An operator shall at all times maintain, in every open waste
storage facility, unused storage capacity equal to the greater of
the following volumes:
B.Â
Existing facilities. An existing waste storage facility is presumed to comply with Subsection A(1) if a registered professional engineer or certified agricultural engineering practitioner certifies one of the following:
(1)Â
The facility is constructed of concrete or steel or both, was constructed
within the last 10 years according to then existing NRCS standards,
and shows no apparent signs of structural failure or significant leakage.
(2)Â
The facility was constructed within the last three years according
to then existing NRCS standards and shows no apparent signs of structural
failure or significant leakage.
(3)Â
The facility was constructed according to NRCS standards that existed
at the time of construction, is in good condition and repair, and
shows no apparent signs of structural failure or significant leakage.
(4)Â
The facility is in good condition and repair, shows no apparent signs
of structural failure or significant leakage, and is located on a
site at which the soils and separation distances to groundwater comply
with NRCS technical guide Manure Storage Facility, Standard 313, Table
1 (June 2009).
[Amended 9-27-2011 by Ord. No. 11-07]
(5)Â
The facility is in good condition and repair, shows no apparent signs
of structural failure or significant leakage, is located entirely
aboveground, and is located on a site at which the soils comply with
NRCS technical guide Manure Storage Facility, Standard 313, Table
5 (June 2009).
[Amended 9-27-2011 by Ord. No. 11-07]
C.Â
Closure.
(1)Â
Closure of a waste storage facility permitted under this article
shall occur when an operation where the facility is located ceases
operation or waste has not been added or removed from the facility
for a period of 24 months. Waste facilities shall be closed in a manner
that will prevent future contamination of groundwater and surface
waters. Compliance with NRCS Technical Guide, Standard 360, Closure
of Waste Impoundments, and this article, is required.
(2)Â
The owner or operator may retain the facility for a longer period
of time by demonstrating to the Department that all of the following
conditions are met:
(a)Â
The facility is designed, constructed and maintained in accordance
with Subdivision (2) of Section NR 151.05, Wisconsin Administrative
Code.
(b)Â
The facility is designed to store waste for a period of time
longer than 24 months.
(c)Â
Retention of the facility is warranted based on anticipated
future use.
D.Â
Failing and leaking facilities. Waste storage facilities that may
pose an imminent threat to public health or fish and aquatic life
or are causing a violation of groundwater standards shall be upgraded,
replaced or closed in accordance with this section.
E.Â
Manure management prohibitions. All permit holders shall comply with
NR 151.08.
[Added 9-27-2011 by Ord. No. 11-07]
(1)Â
A
livestock operation shall have no overflow of manure storage facilities.
(2)Â
A
livestock operation shall have no unconfined manure pile in a water
quality management area.
(3)Â
A
livestock operation shall have no direct runoff from a feedlot or
stored manure into the waters of the state.
(4)Â
A
livestock operation may not allow unlimited access by livestock to
waters of the state in a location where high concentrations of animals
prevent the maintenance of adequate sod or self-sustaining vegetable
cover. The prohibition does not apply to properly designed, installed
and maintained livestock or farm equipment crossings.
A person is in compliance with this article if he or she follows
the procedures of this article, receives a permit from the Pierce
County Land Conservation Department before beginning activities subject
to regulation under this article and complies with the requirements
of the permit.
A.Â
Standards for waste storage facilities. A registered professional
engineer or certified agricultural engineer practitioner shall certify
that the design specifications of waste storage facilities are the
current standards found in the Technical Guide, Standard 313, Waste
Storage Facility, and Standard 634, Manure Transfer, as they existed
on the date of the adoption of this article, and any amendments.
B.Â
Standards for nutrient management plan. The standards for a nutrient
management plan shall be as provided in the Technical Guide, Standard
590.
C.Â
Subsequent modification of standards. The standards of the Technical
Guide are adopted and by reference made a part of this article as
if fully set forth herein. Any future amendment, revision or modification
of the standards incorporated herein are made a part of this article,
unless otherwise acted upon by the Land Conservation Committee.
D.Â
Additional conditions. The Pierce County Land Conservation Department
staff may impose additional conditions before issuing a permit if
in the officer's or staff member's judgment such conditions
are necessary to protect the groundwater because of shallow soils,
creviced rock or other site conditions. Compliance with this article
does not eliminate or change the applicant's duty to comply with
any other restrictions, rules or regulations imposed by other entities,
including but not limited to town, state, city and village requirements.
A.Â
A waste storage structure may not be located within 350 feet of any
property line or within 350 feet of the nearest point of any public
road right-of-way, unless one of the following applies:
(1)Â
The waste storage structure existed prior to May 1, 2006. An existing
waste storage structure located within 350 feet from a lot line or
public road right-of-way may expand but shall not further encroach
upon the setback.
(2)Â
The waste storage structure is a single new waste storage structure
constructed no closer to the relevant property line or public road
than a waste storage structure that existed on the same tax parcel
prior to May 1, 2006, provided that the new structure is no larger
than the existing structure and is located within 50 feet of the existing
structure.
B.Â
Exemption from siting requirement. The Land Conservation Committee
may grant an exemption to, or modify, one or more siting requirements
for a proposed waste storage facility if requested by the applicant
or the Department, provided that:
No person may undertake an activity subject to this article
without obtaining a permit from the Department prior to beginning
the proposed activity.
A.Â
Emergency repairs, such as repairing a broken pipe or equipment or
leaking dikes or the removal of stoppages, may be performed without
a permit. If repairs will alter the original design and construction
of the facility, a report shall be made to the Department within two
working days of the emergency for a determination by the Department
on whether a permit will be required for any additional alteration
or repair to the facility.
B.Â
Preexisting waste storage facilities, except where a breech or overflow
occurs, are not required to obtain a permit under this article.
C.Â
Closure of an existing waste storage facility, with a plan approved
by the Department, does not require a permit under this article.
A fee shall be charged for a permit under this article. The
permit fee can be established or changed by a majority vote of the
Land Conservation Committee. The new fee schedule shall be submitted
to the full County Board at its next regular meeting for information
purposes. No approval action is necessary on the part of the full
County Board.
Each application for a permit under this article shall include
a waste storage facility plan. The plan shall specify:
A.Â
Type(s) and numbers of livestock the facility is planned for, and
maximum storage capacity.
B.Â
A sketch drawn at a scale of not less than one inch equals 100 feet
of the facility location, including all buildings, navigable and intermittent
streams, wetlands or water bodies within 500 feet of the impoundment,
and the location of wells within 300 feet of the facility.
C.Â
Structural details, including but not limited to all grades, dimensions,
cross sections, concrete thickness, reinforcement schedules, and thickness
and placement of groundwater protection liners.
D.Â
Soil test pits and soil depth boring locations and soil descriptions
to a depth of at least five feet below the planned bottom of the facility
or to bedrock if at a lesser depth.
E.Â
Elevations of groundwater or bedrock if encountered in the soil profile
and the date of such determinations.
F.Â
Provisions for drainage and control of runoff to prevent pollution
of surface water and groundwater and the locations and distance to
water bodies.
G.Â
Drawing scale and the North arrow.
H.Â
Time schedules for construction and inspection by certifying engineer.
I.Â
Descriptions of the methods for transferring waste.
J.Â
Provisions for proper closure of facility.
K.Â
Provisions for complying with siting requirements, if applicable.
L.Â
Provisions required for safety of the facility, including but not
limited to adequate signage, grating, and fencing.
M.Â
All companion documents from Technical Guide Standard 313.
A.Â
As part of an application for construction permit, a landowner must
develop a nutrient management plan that complies with § ATCP
50.04. The nutrient management plan shall include the following:
(1)Â
Identification of every field on which the landowner mechanically
applies nutrients.
(2)Â
Preparation by a nutrient management planner qualified under Section
ATCP 50.48, Wisconsin Administrative Code.
(3)Â
Reliance on soil nutrient tests conducted at a laboratory certified
under Section ATCP 50.50, Wisconsin Administrative Code.
(4)Â
Compliance with the Technical Guide Nutrient Management Standard
590.
(5)Â
Follow recommendations for nutrient applications in the University
of Wisconsin-Extension Soil Test Recommendations for Field, Vegetable
and Fruit Crops, UWEX publication A-2809 (1998), unless the nutrient
management planner can show that circumstances justify more than the
recommended application.
Reuse of an abandoned facility may be allowed, provided that the owner or operator meets the requirements of § 101-34C(2) of this article.
The Department shall receive and review all permit applications. The Department shall determine if the proposed facility meets required standards set forth in §§ 101-35 and 101-36 of this article. Within 45 days after the Department receives an application, the Department shall notify the applicant if the application is complete. If additional information is required, the notice shall specifically describe what else is needed. Within 14 days after the applicant has provided the additional information, the Department shall notify the applicant that the application is complete. Within 90 days after giving notice that the application is complete, the Department shall inform the applicant in writing whether the permit application is approved or disapproved. If the Department fails to approve or disapprove the permit application in writing within 90 days of the receipt of the permit application, as appropriate, the application shall be deemed approved, and the applicant may proceed as if the permit had been issued.
All permits issued under this article shall be issued subject
to the following conditions and requirements:
A.Â
Waste storage facility design, construction, management and utilization
activities shall be carried out in accordance with the approved application
and plans and applicable standards specified in this article.
B.Â
The permittee shall give no less than five working days' notice
to the Department before starting any construction activity authorized
by the permit.
C.Â
Approval in writing must be obtained from the Department prior to
any modifications to the approved facility if the permit has been
issued.
D.Â
The permittee and registered engineer or certified agricultural engineering
practitioner shall certify in writing that the facility was installed
as planned, or as-built plans shall be stamped by the registered engineer
or certified agricultural engineering practitioner and submitted before
use of the facility begins.
E.Â
Activities authorized by permit must be completed within two years
from the date of issuance, after which such permit shall be voided,
unless an extension is approved by the Department.
The Department may revoke any permit issued under this article
if the holder of the permit has misrepresented any material fact in
the permit application or facility plans or if the holder of the permit
violates any of the conditions of the permit.
In the administration and enforcement of this article, the Department
shall:
A.Â
Keep an accurate record of all permit applications, waste storage
facility plans, permits issued, inspections made and other official
actions.
C.Â
Inspect waste storage facility construction to ensure that the facility
is being constructed according to plan specifications.
D.Â
Investigate complaints relating to compliance with this article.
E.Â
Perform other duties as specified in this article.
The Pierce County Land Conservation Supervisor or designee of
the Pierce County Land Conservation Committee is authorized to enter
upon any lands affected by this article to inspect the land prior
to or after permit issuance to determine compliance with this article.
If permission cannot be received from the applicant or permittee,
entry by the Land Conservation Supervisor or designee shall be according
to § 66.0119, Wis. Stats.
The Department is authorized to post an order stopping work
upon land which has had a permit revoked or on land currently undergoing
activity in violation of this article. Notice is given by mailing
a copy of the order by certified mail to the owner of the land where
the violation exists. The order shall specify that the activity must
cease and be brought into compliance within 10 days. Any permit revocation
or order stopping work shall remain in effect unless retracted by
the Board of Adjustment, the Department or by a court of appropriate
jurisdiction. The Department is authorized to refer any violation
of this article to the Corporation Counsel for commencement of further
legal proceedings.
Any person who violates, neglects or refuses to comply with
or resists the enforcement of any of the provisions of this article
shall be subject to a forfeiture of $200 plus costs of prosecution
for each violation. Any unlawful violation includes failure to comply
with any standard of this article or with any condition or qualification
attached to the permit. Penalties shall also be assessed if a person
undertakes an activity, including but not limited to construction
activities, subject to this article without obtaining a permit from
the Department prior to beginning the proposed activity. Each day
that a violation exists shall be a separate offense.
As substitute for or an addition to forfeiture actions, Pierce
County may seek enforcement of any part of this article by court actions
seeking injunctions or restraining orders.
A.Â
Authority. Under authority of Chapter 68, Wis. Stats., the Pierce County Board of Adjustment, created under § 59.694, Wis. Stats., and under Chapter 240, Zoning, § 240-70, and acting as an appeal authority under § 59.694(7)(a), Wis. Stats., is authorized to hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination by the Department in administering this article.
B.Â
Procedure. The rules, procedures, duties and powers of the Pierce
County Board of Adjustment and Chapter 68, Wis. Stats. shall apply
to this article.
C.Â
Who may appeal. Appeals may be taken by any person having a substantial
interest which is adversely affected by the order, requirement, decision
or determination made by the Department.
