Unless the context clearly indicates to the contrary, words used in the present tense include the future tense, and words used in the plural include the singular. For purposes of this chapter, the following words, terms and phrases shall have the following meanings unless otherwise indicated:
One thousand pounds live weight of livestock or poultry animals, regardless of the actual number of individuals comprising the unit, as defined in Section 3 of the Nutrient Management Act (3 P.S. § 1703)[1] which is incorporated into this chapter by reference.
Any animal excrement, animal carcass, feed waste, animal water waste, or any other waste associated with animals.
Any animal excreta, any liquid which comes into contact with any manure, litter, bedding or other raw material or intermediate or final material or product used in or resulting from the production of animals or products directly or indirectly used in the operation of a CAFO, or any spillage or overflow from animal watering systems, or any liquid used in washing, cleaning or flushing pens, barns, or manure pits, or any liquid used in washing or spraying to clean animals, or any liquid used for dust control on the premises of a CAFO.
The injection of animal waste or animal wastewater into the land.
All land and/or a lot, facility, parcel, or operating location in which animals have been, are or will be stabled or confined and fed or maintained for a total of 45 days or more in any twelve-month period and a ground cover of vegetation is not sustained over at least 50% of the animal confinement area. A concentrated animal feeding operation shall not include any land area, structure, lot, yard, or corral or other area which does not meet the numerical threshold for animals as set forth in the classification system in § 50-2 of this chapter. For purposes of this definition, the concentrated animal feeding operation means and refers collectively to an animal production facility which includes at least one feedlot, livestock lagoon, and a land application area. For purposes of this definition, "animal confinement area" includes the buildings or structures, including feedlots, in which animals are confined, but does not include contiguous land used as plant filter areas over which crops or other vegetation are raised independent from the animal feeding operations. A CAFO does not include a feeding operation that has a capacity of less than 499 AEUs.
A construction permit/letter of approval required of a CAFO by Lehigh Township.
Any land area, structure, lot, yard, or corral or other area, whether enclosed with a roof or unenclosed, wherein livestock are confined in close quarters for the purpose of fattening, feeding, growing, raising, or birthing such livestock for final shipment to market or slaughter. Without limiting the generality of the foregoing definition, a lot or structure which contains 300 AEUs per acre for the foregoing purposes shall be considered a feedlot. A feedlot does not include unenclosed pasture areas which are used for the raising of crops or other vegetation upon which livestock are allowed to graze or feed.
Any plot, parcel, lot or other area of land owned or leased by the CAFO to qualify for the capacity of one acre per four AEU formula for wet handling, or one acre per eight AEU formula for dry handling.
Land used or reserved for the application of liquid wastes from a building or outdoor storage facility.
A written contract for the exclusive use of real property, which contract specifically grants unto the lessee the right to apply animal waste and animal wastewater to the leased premises.
Cattle, sheep, swine, poultry and other animals or fowl, which are being produced primarily for use as food or food products for human consumption.
An enclosed area located below ground surface level and directly under a building which is a part of the CAFO, used to collect animal waste and animal wastewater. Before a manure pit becomes full, all or part of the animal waste and animal wastewater must be removed and used for application.
A dwelling place for people which is inhabited at least 50% of the year or any church, school, business or other public building open to and used routinely by the public for public purposes.
An operating permit and/or letter of approval required of a CAFO by Lehigh Township.
Anyone who owns, either individually and/or with any other persons, any of the following interests in the real property upon which a CAFO is situated:
The owner's parents, spouse, children, grandchildren, brothers and/or sisters.
Includes natural persons and also includes corporations, partnerships, associations and any other business or charitable entities, including a natural person who has supervisory authority over the operation of a CAFO, whether or not such person is an owner of the CAFO, and a natural person who applies animal waste or animal wastewater originating from the CAFO.
A town, village or incorporated area having at least 10 occupied dwellings not on CAFO property, as measured in a straight line from any of the occupied dwellings to the nearest CAFO confinement building, confinement lot, or other confinement area, or waste handling facility in a five-mile radius.
The distance for the CAFO facility to the nearest occupied dwelling not on CAFO property, as measured in a straight line from the occupied dwelling to the nearest CAFO confinement building, confinement lot, other confinement area, or water handling facility.
The vertical drop divided by the horizontal distance of a land area multiplied by 100, and expressed as a percentage.
Written authorization issued by the Lehigh Township Board of Supervisors to construct, modify or operate a CAFO.
[1]
Editor's Note: See now 3 Pa.C.S.A. § 503.