[Adopted 11-15-2016 by Ord. No. 22-2016]
The purpose of this article is to promote the health and safety of Adams County and it is the general intent of this article to provide for a moratorium on the use of spray irrigation manure distribution systems within Adams County. If a person desires to move forward with installing such a system, he shall comply with the requirements of §§ 130-17, 130-18, 130-19 and 130-20 of this article.
It is not intended by this article to repeal, abrogate, annul,
impair or interfere with any existing easements, covenants, deed restrictions,
agreements, ordinances, rules, regulations or permits previously adopted
or issued pursuant to law. However, when this article imposes greater
restrictions, the provisions of this article shall govern.
In their interpretation and application, the provisions of this
article shall be liberally constructed in favor of Adams County and
shall not be construed to be a limitation or repeal of any other power
granted by the Wisconsin Statutes except as expressly set forth herein.
As used in this article, the following terms shall have the
meanings indicated:
The application of liquid manure or process wastewater to
cropland using equipment that discharges manure into the air via a
single nozzle or multiple nozzles or hoses and which disperses the
manure or process wastewater over distances greater than could be
achieved using typical moving vehicle or manure hauling equipment.
No person or entity shall operate a spray irrigation manure
distribution system in Adams County unless such person or entity shall
first obtain a license for such operation from Adams County.
Any person or entity desiring or intending to operate a spray
irrigation manure distribution system in Adams County shall, before
operating the same, apply to Adams County for a license for such operation.
A.
Said license application shall include, at a minimum, the following:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the property upon which said
system is intended to be operated.
(3)
The dates or range of dates when such operation is intended to occur.
(4)
A detailed description of the material intended to be distributed
by the system.
(5)
The legal description and address of the property upon which the
system is to be operated.
(6)
The manner in which the volume of material to be distributed by the
system is intended to be regulated.
(7)
The names and addresses of the owners of all property located within
1,000 feet of the property line of any parcel upon which the proposed
spray irrigation manure distribution system is to be operated.
B.
At the time of application, the applicant shall pay to Adams County
an application fee in the amount of $500 or such other fee as may
be determined by the Adams County Board by resolution.
Adams County shall hold a public hearing within 45 days upon
receipt of an application for a license for operation of a spray irrigation
manure distribution system. Notice of such hearing shall be mailed
by the Land and Water Conservation Department, by certified mail,
not later than 10 days before the date of the hearing to all property
owners of property located within 1,000 feet of the property line
of any parcel upon which the proposed spray irrigation manure distribution
system is to be operated. If direct service is used in lieu of certified
mail, service shall occur no later than five days before the public
hearing. Such notice shall also be published as a Class 2 notice.
In addition to holding a public hearing, before issuing a license
for operation of a spray irrigation manure distribution system, Adams
County shall review the application for such license. No license shall
be issued unless the Board first determines that the proposed operation
will not cause undue harm to the health of nearby residents. The Board
may impose appropriate conditions upon the proposed operation as necessary
to protect such residents and the health and safety of other persons
living and traveling through the County. Signs advising the public
shall be posted in the public road right-of-way 100 feet before and
after on any roadway abutting said property on which manure is being
sprayed, commencing one day prior to dispersal, and these signs shall
remain posted for a one-day period after dispersal is complete. Said
signs shall at a minimum be 11 inches by 17 inches and the wording
shall advise the public of the spraying application in letters at
least 1 1/2 inches in height. The lettering shall be in contrast
with the background color of the sign. The violation of any such conditions
imposed by the Board shall be deemed a violation of this article.
Any person who operates or causes the operation of a spray irrigation
manure distribution system without first obtaining a lawful license
for such operation under this article or operates or causes the operation
of such a system in a manner which violates any conditions imposed
by Adams County upon any such license shall be deemed in violation
of this article, and Adams County may take action to enjoin such violation
and/or to impose a fine by initiating an action in Adams County Circuit
Court. Any person shall, upon conviction of any such violation, forfeit
not less than $1,000 nor more than $10,000, plus court costs, for
each day the violation continues, together with the costs of prosecution.
In all cases in which the County Board or its duly appointed
representative takes action to enforce the provisions of this article
because of the unlawful operation of a spray irrigation manure distribution
system, the sum expended in accomplishing such enforcement shall become
a lien on the property where such system is located in the same manner
as any tax upon real estate. The Adams County Treasurer shall certify
the description of such property, and the costs of such removal, and
the Treasurer shall include the same in the annual schedule of land
subject to special taxation. Payment of costs included in a lien hereunder
shall be enforced in the same manner as a special tax upon real estate
levied and collected in Adams County.
It is understood that there may be times when liquid manure
distribution, due to natural or unforeseen events, needs to be dispersed
forthwith. Such things as an inordinate amount of rain, or a breech
in a manure pit wall, may require liquid manure to be dispersed. If
such an emergency occurs, it is the responsibility of the owner to
get Department of Natural Resources permission, through the Agricultural
Runoff Specialist for the West Central Region, to disperse the liquid
manure immediately.
If any section, clause, provision or other portion of this article
is adjudged unconstitutional or invalid by a court of competent jurisdiction,
the remainder of this article, or section of which it is a part, shall
not be affected thereby. If any application of this article to a particular
structure or parcel of land is adjudged unconstitutional or invalid
by a court of competent jurisdiction, such judgment shall not be applicable
to any other structure or parcel of land not specifically included
in the court's judgment except as expressly ordered by the court.
