As used in this article, the following terms shall have the meanings indicated:
AGRICULTURAL ENGINEERING PRACTITIONERAny 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.
ANIMAL WASTELivestock manure and urine, livestock bedding, water, soil, hair, feathers, and other debris that becomes intermingled with livestock excreta in normal livestock manure handling operations.
ANIMAL WASTE STORAGE FACILITYAn 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.
APPLICANTAny person who applies for a permit under this article.
CLOSED STORAGE FACILITYAn 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.
EXISTING ANIMAL WASTE STORAGE FACILITYAn 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.
FEEDLOTA 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.
FIELDA group or single nutrient management unit with similar soils, cropping history, similar nutrient requirements and close proximity.
IDLE ANIMAL WASTE STORAGE FACILITYAn animal waste storage facility:
A. Where the livestock operation on the property ceases to exist;
B. Which is no longer being used for its intended purpose and no longer having any additional animal waste placed into it;
C. Where animal waste has not been added or removed for a period of 24 months; or
D. Which will, by all the evidence available, not again be used to store animal waste by an active livestock operation.
LAND AND WATER CONSERVATION COMMITTEE (LWCC)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.
LAND AND WATER CONSERVATION DEPARTMENT (LWCD)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.
LIVESTOCK OPERATIONA feedlot or other facility or pasture where animals are fed, confined, maintained and stabled.
MALFUNCTIONING ANIMAL WASTE STORAGE FACILITYAn 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:
A. 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.
B. An animal waste storage facility where damage, erosion, or deformities may contribute to environmental or safety hazards.
C. An animal waste storage facility in which the animal waste is significantly leaking.
D. 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.
MANURE TRANSFER SYSTEMA mechanism designed to transfer animal waste from a barn or feedlot to the animal waste storage facility and/or the loading location.
MISMANAGED ANIMAL WASTE STORAGE FACILITYAn 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:
A. 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.
B. An animal waste storage facility in which the safety devices are absent or are nonfunctional.
C. An animal waste storage facility that fails to comply with the operations and maintenance plan.
NATURAL RESOURCES CONSERVATION SERVICE (NRCS)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.
NRCS ENGINEERING JOB APPROVALA 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).
NUTRIENT MANAGEMENT PLANA 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.
NUTRIENTSPlant nutrients derived from soil reserves, legumes, commercial fertilizers, animal waste, sewage sludge, septage, whey, paper mill by-products or other sources.
PASTUREAn area devoted to the production of forage, introduced or native, and harvested by grazing.
PERMITThe 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.
PERMITTEEAny person to whom a permit is issued under this article.
PERSONAny individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency within Wisconsin, the federal government or any combination thereof.
ROUTINE MAINTENANCEA 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 DESIGNSafety design shall identify and minimize the hazards to animals and people. At a minimum, safety design shall include:
A. Fences, gates, grates, or covers to restrict access of animals or people, and signs where access is possible.
B. Ventilation for covered waste-holding structures to prevent the inhalation of poisonous gases, asphyxiation, or explosion.
C. Safety stops, gates, or both installed at push-off ramps and load-out areas of vertical walled structures to prevent accidental entry of machinery.
D. Ramp slopes designed to be consistent with the equipment intended to be used, with curbs or safety bars installed on access ramps.
E. 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.
SATURATED SOILWhen 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.
STOP-WORK ORDERAn order to cease any activity in the operation of or construction of an activity subject to regulation.
SUBSTANTIAL ALTERATIONAny modification to a storage facility that alters the integrity, capacity, or design requirements of the facility.
TECHNICAL STANDARD 313The 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.
TECHNICAL STANDARD 360The 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.
TECHNICAL STANDARD 590The 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.
TECHNICAL STANDARD 634The 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.
WATER POLLUTIONContaminating 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.
WATER QUALITY MANAGEMENT AREAA. The area within 1,000 feet from the ordinary high-water mark of a navigable lake, pond or flowage.
B. The area within 300 feet from the ordinary high-water mark of a navigable river or stream.
C. A site susceptible to groundwater contamination or that has the potential to be a direct conduit for contamination to reach groundwater.
WORKING DAYAny day the Adams LWCD office is routinely and customarily open for business, except Saturdays, Sundays and official County holidays.