Any person who 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, or who employs another person to do the same, on land subject
to this chapter, shall be subject to the provisions of this chapter.
New or substantially altered waste storage facilities shall
be designed, constructed and maintained to minimize the risk of structural
failure of the facility and to prevent leakage of the facility in
order to comply with Wisconsin Department of Natural Resources groundwater
protection standards and maintain a margin of safety of at least one
foot of freeboard storage or adequate freeboard storage to the equivalent
volume of a twenty-five-year, twenty-four-hour storm, whichever is
greater.
Malfunctioning or mismanaged storage facilities are a menace
to the health and general welfare of the citizens of Green Lake County;
are declared to be nuisances, and may be subject to forfeiture and
any injunction provisions of this chapter.
A. Malfunctioning storage facility. A waste storage facility found to
be malfunctioning shall be replaced or repaired to a condition meeting
the current technical standards of NRCS within a time frame established
by the LCD. The time frame will not exceed one year, and compliance
may include temporary emergency repairs prior to actual standard compliance
as determined by the LCD. The decision of the LCD may be appealed
to the LCC.
B. Mismanaged Storage Facility. A waste storage facility found to be
mismanaged shall be brought into compliance with this chapter within
a time frame as determined by the LCD, depending on the severity of
mismanagement. The time frame will not exceed one year, and compliance
may include cleanup of the waste as determined by the LCD. The decision
of the LCD may be appealed to the LCC.
Waste storage facilities that may pose an imminent threat to
public health or fish and aquatic life or that are causing a violation
of Wisconsin Department of Natural Resources groundwater protection
standards shall be upgraded, replaced or closed in accordance with
this chapter.