[Adopted 3-15-2011 by Ord. No. 02-2011]
A.
Authority. This article is adopted under authority granted by §§ 59.01,
59.02, 59.03, 59.54(6), 66.0113, 92.07, 92.09, 92.11, 92.15 and 92.16,
Wis. Stats.
B.
Title. This article shall be known as, referred to, and may be cited
as the "Adams County Animal Waste Management Ordinance" and is hereinafter
known as "this article."
C.
Findings and declaration of policy. The Adams County Board of Supervisors
finds that:
(1)
Storage of animal waste in storage facilities not meeting technical
design and construction standards may cause pollution of the surface
and ground water of Adams County and may have the potential to result
in harm to County residents and transients; to livestock, aquatic
life and other animals and plants; and to the property tax base of
Adams County.
(2)
Improper management of animal waste storage and improper utilization
of animal waste to provide nutrients to plants may cause pollution
of the ground and surface waters of Adams County.
(3)
The technical standards developed by the United States Department
of Agriculture (USDA) Natural Resources Conservation Service provide
effective, practical, and environmentally safe methods of storing
animal waste and utilizing animal waste to provide nutrients for plants.
D.
Purpose. The purpose of this article is to regulate the location,
design, construction, installation, alteration, closure, and use of
animal waste storage facilities; regulate the management of animal
waste storage and regulate utilization of animal waste to provide
nutrients to plants in order to prevent water pollution and thereby
protect the health of Adams County residents and transients; prevent
the spread of disease; further the appropriate use and conservation
of land and water resources for its communities; and promote the prosperity,
aesthetics, safety and general welfare of the citizens of Adams County.
It is also intended to provide for the administration and enforcement
of this article and to provide corrective actions and/or penalties
for its violation.
E.
Applicability. This article applies to the entire geographical area
of Adams County, except as otherwise provided by law.
F.
Interpretation. In their interpretation, the provisions of this article
shall be held to be minimum requirements and shall be liberally construed
in favor of Adams County, and shall not be deemed a limitation or
repeal of any other power granted by the Wisconsin Statutes.
As used in this article, the following terms shall have the
meanings indicated:
Any person who has been certified by DATCP or NRCS to design,
review, provide construction supervision, and certify construction
for various soil and water conservation practices to be constructed
under the terms of this article.
A manual that provides specific guidance for planning, designing,
and managing systems where agricultural wastes are involved as published
by the USDA Natural Resources Conservation Service.
Livestock manure and urine, livestock bedding, water, soil,
hair, feathers, and other debris that becomes intermingled with livestock
excreta in normal livestock manure handling operations.
An impoundment made by constructing an embankment and/or
excavating a pit or dugout or by fabricating a structure specifically
for temporary storage of animal waste. Note: An area excavated for
the purpose of storing the animal waste, no matter how small the accumulation
may be or how long the animal waste is to be stored there, shall be
considered a storage facility.
Any person who applies for a permit under this article.
An animal waste storage facility for which the Land and Water
Conservation Committee (LWCC) does not grant an extension of the "idle
animal waste storage facility" declaration, or the livestock operation
on the property ceases to exist and the owner applies for a closure
permit.
Director of the Land and Water Conservation Department.
Wisconsin state agency responsible for food safety, animal
and plant health, protecting water and soil and monitoring fair and
safe business practices.
A manual of engineering technical data published by the USDA
Natural Resources Conservation Service.
An animal waste storage facility which has been installed
and placed in use at a livestock operation in Adams County prior to
the adoption of this article.
A lot or building, or combination of contiguous lots and
buildings, intended for the confined feeding, breeding, raising or
holding of animals and specifically designed as a confinement area
in which animal waste may accumulate, or where the concentration of
animals is such that a vegetative cover cannot be maintained within
the enclosure.
A group or single nutrient management unit with similar soils,
cropping history, similar nutrient requirements and close proximity.
The document provided by the USDA Natural Resources Conservation
Service which contains technical data and standards to properly design
and install conservation practices.
An animal waste storage facility:
Where the livestock operation on the property ceases to exist;
Which is no longer being used for its intended purpose and no
longer having any additional animal waste placed into it;
Where animal waste has not been added or removed for a period
of 24 months; or
Which will, by all the evidence available, not again be used
to store animal waste by an active livestock operation.
A committee made up of members of the Adams County Board
of Supervisors and others who, by authority from Ch. 92, Wis. Stats.,
determine policy and give direction for soil and water conservation
activities. The LWCC also provides direction for the LWCD. The LWCC
shall be the decisionmaking board for purposes of this article.
The department of Adams County government which is responsible
for enforcing and providing technical and administrative support for
this article and soil and water conservation activities in Adams County.
A feedlot or other facility or pasture where animals are
fed, confined, maintained and stabled.
An animal waste storage facility which is no longer functioning
as originally intended, as defined by the FOTG, AWMFH, or the EFH,
and poses a potential threat to any person, the groundwater, any stream,
lake or river, or any other component of the environment. A malfunctioning
storage facility includes but is not limited to the following:
An animal waste storage facility in which the sidewall(s) or
side slope(s) has been damaged or eroded, which may weaken the structure
of the storage facility.
An animal waste storage facility where damage, erosion, or deformities
may contribute to environmental or safety hazards.
An animal waste storage facility in which the animal waste is
significantly leaking.
An animal waste storage facility in which there is any other
serious deformity or activity that is not consistent with the design
and function of a storage facility as determined by the FOTG, AWMFH,
or the EFH.
A mechanism designed to transfer animal waste from a barn
or feedlot to the animal waste storage facility and/or the loading
location.
An animal waste storage facility which is not functioning
properly due to neglect or carelessness and poses a potential threat
to any person or the environment. A mismanaged storage facility includes
but is not limited to the following:
An animal waste storage facility that is overflowing or is being
operated improperly and is inconsistent with the recommended operating
methods as defined by the FOTG, AWMFH or the EFH.
An animal waste storage facility in which the safety devices
are absent or are nonfunctional.
An animal waste storage facility that fails to comply with the
operations and maintenance plan.
An agency of the United States Department of Agriculture
which provides the Adams County LWCC and LWCD and landowners with
technical and financial assistance for the proper and safe installation
or closure of an animal waste storage facility and nutrient management.
A complex process of review and certification by qualified
NRCS or DATCP engineers to determine the capability and technical
competence of subordinate personnel to design, review, provide construction
supervision, and certify construction for various soil and water conservation
practices to be constructed under the terms of this article and which
may be modified from time to time based upon work experience, educational
training, employment status, and competence of those subordinates
(see USDA-NRCS National Engineering Manual Title 210, Part 500).
A plan developed according to NRCS Technical Standard 590
that balances the nutrient needs of a crop with the nutrients available
from legume crops, manure, fertilizer, etc. The nutrient management
plan ensures suitable acreage is available for land application and
crop uptake of nutrients.
Plant nutrients derived from soil reserves, legumes, commercial
fertilizers, animal waste, sewage sludge, septage, whey, paper mill
by-products or other sources.
An area devoted to the production of forage, introduced or
native, and harvested by grazing.
The signed, written statement, issued by the County Conservationist
under this article, authorizing the applicant to construct, install,
reconstruct, extend, enlarge, close, or substantially alter an animal
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 nonstructural replacement or alteration of a portion of
an animal waste storage system which does not change the design or
operation of the system.
Safety design shall identify and minimize the hazards to
animals and people. At a minimum, safety design shall include:
Fences, gates, grates, or covers to restrict access of animals
or people, and signs where access is possible.
Ventilation for covered waste-holding structures to prevent
the inhalation of poisonous gases, asphyxiation, or explosion.
Safety stops, gates, or both installed at push-off ramps and
load-out areas of vertical walled structures to prevent accidental
entry of machinery.
Ramp slopes designed to be consistent with the equipment intended
to be used, with curbs or safety bars installed on access ramps.
Other like devices deemed necessary by an agricultural or civil
engineer registered in the State of Wisconsin, or DATCP or NRCS or
LWCD agricultural engineering practitioner, the FOTG, AWMFH or EFH.
When all pores within soil are filled with water and the
soil no longer has the capacity to retain water. For the purpose of
this article, soils shall be considered saturated when a handful of
soil is squeezed by hand and water flows freely from the soil.
An order to cease any activity in the operation of or construction
of an activity subject to regulation.
Any modification to a storage facility that alters the integrity,
capacity, or design requirements of the facility.
The current practice standard within the FOTG. This standard
defines the proper location, design, construction, installation, alteration,
operation, maintenance, and closure of a manure storage facility.
The current practice standard within the FOTG. This standard
defines the proper closure of waste impoundments (treatment lagoons
and liquid storage facilities), that are no longer used for their
intended purpose, in an environmentally safe manner.
The current practice standard within the FOTG. This standard
defines managing the amount, form, placement and timing of plant nutrients
and establishes the minimum acceptable requirements for the application
of plant nutrients.
The current practice standard within the FOTG. This standard
defines design, material types and quality, and installation of components
such as conduits, pumps, valves, and other structures or devices to
transfer animal waste from buildings and yards to a storage and/or
loading area for final disposal and establishes the minimum acceptable
requirements for design, construction, and operation of manure transfer
system components. It includes mechanical pumping or elevation differential
(gravity head) systems.
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.
The area within 1,000 feet from the ordinary high-water mark
of a navigable lake, pond or flowage.
The area within 300 feet from the ordinary high-water mark of
a navigable river or stream.
A site susceptible to groundwater contamination or that has
the potential to be a direct conduit for contamination to reach groundwater.
Any day the Adams LWCD office is routinely and customarily
open for business, except Saturdays, Sundays and official County holidays.
A.
General requirement. Any person and/or persons who are employed by
another person that removes, closes, locates, constructs, installs,
moves, reconstructs, extends, enlarges, converts, or substantially
alters or changes use of an animal waste storage facility or parts
thereof; manages animal waste storage; and utilizes animal waste to
provide nutrients to plants shall be subject to regulation under this
article.[1]
B.
Malfunctioning and mismanaged animal waste storage facility. Any
animal waste storage facility found to be malfunctioning and/or mismanaged
shall be repaired immediately to a condition meeting the provisions
of this article.
C.
Idle animal waste storage facility. Removal of animal waste and restoration
of an idle animal waste storage facility to a safe and sanitary condition,
as determined by the LWCD, is required within one year of the time
the storage facility becomes idle. The LWCC may extend the "idle animal
waste storage facility" declaration for good cause, and such extensions
shall not exceed one-year increments. In order for an idle animal
waste storage facility to become operational, an inspection and report
has to be made on it by an agricultural or civil engineer registered
in the State of Wisconsin, or DATCP or NRCS or LWCD agricultural engineering
practitioner, reviewed and approved by the LWCC, and all deficiencies
corrected to current standards, before the storage facility can be
put back into use.
D.
Existing animal waste storage facilities. Any changes to an existing
animal waste storage facility such as closing, moving, reconstructing,
extending, enlarging, converting, or substantially altering the use
of the facility must meet the current requirements of Standards 313,
360, and 634 of the FOTG or be brought up to those requirements.
E.
Safety devices. Certain safety devices, as defined in "safety design" in § 130-6, are required on all storage facilities in Adams County.
F.
Utilization of animal wastes for plant nutrients. Activities associated
with utilizing animal wastes to provide nutrients for plant production
shall be subject to regulation under this article. Gardens and lawns
associated with home use shall be excluded.[2]
G.
Livestock operations. Any feedlot or other facility or pasture where
animals are fed, confined, maintained and stabled shall be subject
to regulation under this article. Note: Pastures that are part of
a grazing system where livestock graze for a period of time and then
are removed are exempt from this article.[3]
H.
Compliance with permit requirements. A person is in compliance with this article if he or she follows the procedures and other requirements of this article, receives a permit from the Adams County Land and Water Conservation Department before beginning animal waste storage activities subject to regulation under this article, complies with the requirements of the permit and receives a final construction inspection certification by the enforcing agency. Note: Livestock operations and utilization of animal wastes for plant nutrients do not require a permit; however, they shall be subject to standards stated in § 130-8 of this article.
A.
Standards, specifications and policies. The standards of the Field
Office Technical Guide (FOTG) Section IV are adopted and by reference
made a part of this article as fully set forth therein. Any future
amendment, revision or modification of the FOTG incorporated herein
is made a part of this article, unless otherwise acted upon by the
Land and Water Conservation Committee.
B.
Standard for animal waste storage facilities. The following components
of the FOTG will be used when an animal waste storage facility is
to be designed, constructed, installed, moved, reconstructed, extended,
enlarged, removed, closed, converted, or substantially altered: Standard
313, Waste Storage Facility; Standard 360, Closure of Waste Impoundments;
Standard 634, Manure Transfer; and Standard 590, Nutrient Management.
C.
Standard for utilization of animal wastes for nutrients for plant
production.
[Amended 9-18-2012 by Ord. No. 07-2012]
(1)
Upon meeting requirements of §§ NR 151.09, NR 151.095
and ATCP 50.08, Wis. Adm. Code, all animal waste applied to soils
for the purpose of plant production shall follow Standard 590, Nutrient
Management, of the FOTG. Animal wastes applied as part of a research
project conducted by a university located in Wisconsin shall be exempt
from this standard upon approval of the Adams County Land and Water
Conservation Department. Note: Sections NR 151.09, NR 151.095 and
ATCP 50.08, Wis. Adm. Code, are available at http://docs.legis.wisconsin.gov/code/admin_code.
These Administrative Codes identify circumstances under which an owner
or operator of cropland and/or livestock operation is required to
comply with the state performance standards if a bona fide offer of
cost sharing is made.
(2)
Animal wastes applied in any manner to a parcel of land shall not
exit the property boundaries of that parcel or enter into state waters
due to sprinkler application overspray/drift, ponding, surface water
runoff or drainage. Note: Parcel property boundaries shall be defined
by documents filed with the Adams County Land Information Department.
(3)
Animal waste shall not be applied to saturated soils.
D.
Standard for livestock operations.
(1)
Upon meeting the requirements of §§ NR 151.09, NR
151.095 and ATCP 50.08, Wis. Adm. Code, all livestock operations shall
comply with § NR 151.08, Wis. Adm. Code, which states that
a livestock operation:
(a)
Shall have no overflow of manure storage facilities.
(b)
Shall have no unconfined manure piles in a water quality management
area.
(c)
Shall have no direct runoff from a feedlot or stored manure
into the waters of the state.
(d)
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 vegetative cover.
(2)
Animal wastes shall not exit the property boundaries of a livestock
operation or enter into state waters due to ponding, surface water
runoff or drainage. Note: Property boundaries shall be defined by
documents filed with the Adams County Land Information Department.
A.
Fee. Any person who by this article is required to obtain a permit
shall pay a fee for such permit to help defray the cost of administration,
inspection, and processing of permits. The amount of the fee shall
be established from time to time by the LWCC.
B.
Permit required. Permits are required for any new storage facilities,
existing storage facilities that are closed, substantially altered,
malfunctioning or mismanaged and idle storage facilities that desire
to be used again. No person may undertake an activity mentioned in
the previous sentence without obtaining a permit from the County Conservationist
prior to beginning the proposed activity. Requirements of this article
shall be in addition to any other rules or provisions regulating animal
waste. In case of conflicts, the most stringent provisions shall apply.
C.
Exception to permit requirement. The following constitute exceptions to the requirement under Subsection A to obtain a permit:
(1)
Preexisting storage facility, except where substantially altered,
malfunctioning or mismanaged.
(2)
Routine maintenance on a storage facility.
(3)
Emergency equipment repairs on a storage facility.
(4)
Emergency repairs, such as repairing a broken pipe or equipment or
leaking dikes or the removal of stoppages, may be performed without
an animal waste storage facility permit. If repairs will significantly
alter the original design and construction of the facility, a report
shall be made to the LWCD within one working day of the emergency
for a determination by the LWCD on whether a permit will be required
for any additional alteration or repair to the facility. The LWCD's
determination shall be rendered within two working days of the reporting.
The LWCD may consult with the LWCC prior to making this determination.
D.
Animal waste storage facility plan required. Each application for
a permit under this article shall include an animal waste storage
facility plan. The plan shall be in accordance with the current FOTG
Standard 313 and shall be certified as meeting the requirements of
this article by an agricultural or civil engineer registered in the
State of Wisconsin, or DATCP or NRCS or LWCD agricultural engineering
practitioner. The following is the minimum list of plan components:
(1)
A management assessment is required. As part of this assessment an
initial determination will be conducted to demonstrate that suitable
land base is available for utilization of waste.
(2)
The number and kinds of animals for which waste storage is provided,
the duration for which storage is to be provided, or daily gallons
and/or cubic feet of waste and manure produced.
(3)
A plan view of the facility and its location in relation to waste
transfer inlet, all buildings, roads, wells, lot lines, and other
features within 300 feet of the proposed facility. The plan view shall
be drawn to scale, with a scale no smaller than one inch equals 100
feet.
(4)
The structural details, including but not limited to dimensions,
cross sections, and concrete thickness, concrete joint design and
placement, design loads, design computations, reinforcement schedules,
thickness and placement of groundwater protection liners, and all
material specifications.
(5)
The soil test pit locations and soil descriptions to a depth of at
least five feet below the planned bottom of the facility.
(6)
The elevation of seasonally high groundwater or bedrock if encountered
in the soil profile and date of any such determination.
(7)
Provisions for adequate drainage and control of runoff to prevent
pollution of surface water and groundwater. If a navigable body of
water lies within 500 feet of the facility, the location and distance
to the body of water shall be shown. Any floodplains and/or wetlands
shall be located also.
(8)
The scale of the drawing and a North arrow.
(9)
A time schedule for construction of the facility.
(10)
A description and construction plan of the method to be used
in transferring animal waste into and from the facility.
(11)
A FOTG Standard 590 nutrient management plan. The plan shall
specify the utilization of the animal waste, including the amount
of land available for application of waste, identification of the
areas where the waste will be used, crops, crop rotation, application
rates, soil types and any limitation on waste application due to soil
limitations, type and proximity of bedrock or water table, slope of
land, and proximity of surface water. The plan shall be updated annually
and presented to the Adams LWCD annually for the life of the animal
waste storage facility.
(12)
Any other additional information required by FOTG Standard 313
to determine compliance with this article.
E.
Closure plan required. Each application for a closure permit under
this section shall include a closure plan. The plan shall be in accordance
with the current FOTG Standard 360, Closure of Waste Impoundments,
and shall be certified as meeting the requirements of this article
by an agricultural or civil engineer registered in the State of Wisconsin,
or DATCP or NRCS or LWCD agricultural engineering practitioner. The
following is the minimum list of plan components:
(1)
A description of the type and size of the manure storage facility
and an estimate of the amount of manure in the facility.
(2)
A description of how and where the manure and soil saturated with
manure will be land applied in accordance with the current FOTG Standard
590, Nutrient Management.
(3)
A description of how the liner, if any, will be disposed of.
(4)
A description of how the manure transfer system will be removed or
permanently plugged.
(5)
A description of how the excavated area will be filled in and where
the clean fill will come from.
(6)
A plan view showing the final grade, the area to be reseeded, and
how rain and runoff will be diverted away from the site.
(7)
Other additional information required by FOTG Standard 360 to comply
with this article.
F.
Review of application. The LWCD shall receive and review all permit applications and shall determine if the proposed facility meets required standards set forth in § 130-8 of this article. Within 30 working days after receiving the completed application and fee, the LWCD shall inform the applicant in writing whether the permit application is approved or disapproved. If additional information is required, the LWCD shall notify the permit applicant. The LWCD has 30 working days from the receipt of the additional information in which to approve or disapprove the application. If the LWCD fails to approve or disapprove the permit application in writing within 30 working days of the receipt of the permit application or additional information, as appropriate, the application shall be deemed approved and the applicant may proceed as if a permit had been issued.
G.
Permit conditions. All permits issued under this article shall be
issued subject to the following conditions and requirements:
(1)
Activities authorized by permit shall be completed within two years
from the date of issuance after which such permit shall be void.
(2)
Animal waste storage facility design, construction, management and utilization activities shall be carried out in accordance with the animal waste facility plan and applicable standards specified in § 130-8 of this article.
(3)
Animal waste storage facility removal or closure shall be carried out in accordance with the animal waste storage facility closure plan and applicable standards specified in § 130-8 of this article.
(4)
The permittee shall give 10 working days' written notice to the LWCD
before starting any construction activity authorized by the permit.
(5)
Approval in writing must be obtained from the LWCD prior to any changes
or modifications to the approved animal waste facility plan.
(6)
Prior to use, an agricultural or civil engineer registered in the State of Wisconsin, or DATCP or NRCS or LWCD agricultural engineering practitioner, and the permittee and, if applicable, the contractor shall certify in writing on forms provided by the LWCD that the storage facility was installed as planned, including as-built dimensions and changes or modifications as authorized per Subsection G(5) made during construction.
(7)
The LWCD shall provide an on-site inspection. Final approval signature
for all projects under this article shall be provided by the LWCD.
H.
Permit revocation. The County Conservationist or that person's representative
may revoke any permit issued under this article if the holder of the
permit has misrepresented any material fact in the permit application,
animal waste facility plan or nutrient management plan, or if the
holder of the permit violates any of the conditions of the permit.
I.
Review by Land and Water Conservation Committee. Any person aggrieved by any action of the LWCD in denying, approving, or revoking a permit under this article may seek review of that action by the LWCC by submitting a written request for such review to the LWCD. If the LWCC takes no action within 30 working days after a request for review has been submitted, the request for review shall be deemed denied. Any decision by the LWCC with respect to a request for review is subject to further appeal as set forth in § 130-12.
A.
Delegation of authority. Adams County hereby designates the LWCD
to administer and enforce this article.
B.
Administrative duties. In the administration and enforcement of this
article, the LWCD shall:
(1)
Keep an accurate record of all permit applications, animal waste
facility plans, nutrient management plans, permits issued, inspections
made, and other official actions.
(3)
Inspect animal waste facility construction to ensure the facility
is being constructed according to plan specifications.
(4)
Investigate complaints relating to compliance with this article.
(5)
Perform other duties as specified in this article.
C.
Inspection authority. Pursuant to authority granted by § 92.07(14),
Wis. Stats., the LWCD 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 to enter
property cannot be received by the LWCD, then entry shall be according
to § 66.0119, Wis. Stats. Refusal to grant permission to
enter lands affected by this article for purposes of inspection shall
be grounds for permit denial or revocation.
D.
Enforcement authority.
(1)
The LWCD is authorized to post an order stopping work upon land which
has had a permit revoked or is currently undergoing activity in violation
of this article. Notice shall be given by both posting, upon the land
where the violation occurs, one or more copies of a poster stating
the violation and by mailing a copy of the order by certified mail
to the person whose activity is in violation of this article. The
order shall specify the activity shall cease or be brought into compliance
within a specified time period.
(2)
Any permit revocation or order stopping work shall remain in effect
unless retracted by the LWCC, the LWCD or by a court of competent
jurisdiction or until the activity is brought into compliance with
this article. The LWCD is authorized to refer any violation of this
article or of an order stopping work issued pursuant to this article
to the Corporation Counsel for commencement of further legal proceedings.
A.
Penalties. 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 immediate corrective action as determined
by the LWCD. If immediate corrective action does not occur, then,
upon conviction, forfeiture of not less than $100 nor more than $500
plus cost of prosecution for each violation shall occur. An unlawful
violation includes failure to comply with any standard of this article
or with any condition or qualification attached to the permit. Each
day that a violation exists shall be a separate offense. Upon receipt
of a verified report and request from the LWCD, the Sheriff shall
issue a citation to a violator pursuant to law for violations of this
article.
B.
Enforcement through injunction. As a substitute for forfeiture actions,
the County may seek enforcement of any part of this article by court
actions seeking injunctions or restraining orders, costs and reasonable
attorney fees per § 92.11(5)(a), Wis. Stats.
Under authority of Ch. 68, Wis. Stats., the LWCC shall develop
and maintain an appeal process for those persons alleging there is
an error in any order, requirement, decision, or determination by
the LWCD in administering this article.
