Definitions herein are to conform to the provisions set forth
in Ch. ATCP 50, Wis. Adm. Code and this chapter.
A livestock waste storage facility is no longer being used
for its intended purpose, and is no longer receiving animal wastes,
has not received any animal wastes for a period of two years and,
based on available evidence, will not receive animal wastes from an
active livestock operation within the immediate future.
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.
Domesticated and other types of animals together with fish
and birds.
A feedlot or facility, other than a pasture or grazing area,
where animals have been, are or will be fed, confined, maintained
or stabled for a total of 45 days or more in any twelve-month period.
New animal feeding operations are those that are established after
the effective date of this chapter. Two or more animal feeding operations
under common ownership or common management are single operations
if a least one of the following is true:
Concrete, steel or otherwise fabricated structure and earthen
animal waste storage facility used for temporary storage of animal
waste or other organic waste.
Any person who applies for a permit under this chapter.
The director of the Land Conservation Department.
Wisconsin state agency responsible for food safety, animal
and plant health, protecting water and soil and monitoring fair and
safe business practices.
The sum of the following:
Manure, bedding, wastewater, and other wastes.
Twenty-five-year, twenty-four-hour precipitation on the surface
of the facility.
Normal precipitation less evaporation on the surface of the
facility.
Normal runoff volumes from the drainage area.
Twenty-five-year, twenty-four-hour runoff volume from the drainage
area.
A discharge of a significant amount of pollutants to waters
of the state resulting from any of the following practices:
Runoff from a manure storage facility.
Runoff from an animal lot that can be predicted to reach surface
waters of the state through a defined or channelized flow path or
man-made conveyance.
Discharge of leachate from a manure pile.
Seepage from a manure storage facility.
Construction of a manure storage facility in permeable soils
or over fractured bedrock without a liner designed in accordance with
the Field Office Technical Guide (FOTG), Standard 313 (Waste Storage
Facility).
Runoff from processed wastewater.
A facility constructed of earth dikes, pits or ponds used
for temporary storage of animal waste.
A manual of engineering technical data published by the USDA
Natural Resources Conservation Service.
A storage facility which has been installed and placed in
use at a livestock operation in Green Lake County prior to the adoption
of this chapter or prior animal waste management ordinance.
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. For purposes of these parts, open lots used for feeding
and rearing of poultry (poultry ranges) and barns, dairy facilities,
swine facilities, beef lots and barns, horse stalls, mink ranches
and domesticated animal zoos shall be considered to be animal feedlots.
Pastures shall not be considered animal feedlots unless the area is
actually an exercise lot in which vegetation cover cannot be maintained.
The United States Department of Agriculture (USDA) Natural
Resources Conservation Service (NRCS) Field Office Technical Guide
that is currently in effect, and as amended from time to time.
A committee made up of members of the Green Lake County Board
of Supervisors and others who, by authority from § 92.06
(Land conservation committees), Wis. Stats., determine policy and
give direction for soil and water conservation activities. The LCC
also provides direction for the LCD. The LCC shall be the decision-making
committee for purposes of this chapter.
The department of Green Lake County government which is responsible
for enforcing and providing technical and administrative support for
this chapter and soil and water conservation activities in Green Lake
County.
An animal waste storage facility which is no longer functioning as originally intended, as determined by the FOTG, AWMFH, or the EFH (defined per § 275-9), 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 storage facility in which the sidewall(s) or side slope(s)
have been damaged or eroded, which may weaken the structure of the
storage facility.
A storage facility in which there has been damage, erosion,
or deformities that may contribute to environmental or safety hazards.
A storage facility in which the waste and manure is significantly
leaking.
A storage facility in which any other serious deformity or activity is not consistent with the design and function of a storage facility as determined by the FOTG, AWMFH, or the EFH (defined per § 275-9).
Material that consists primarily of livestock, poultry or
other animals' secretion and other materials such as bedding,
soil, hair, feathers, rain or other water, and other debris normally
included in manure handling operations. Manure includes material mixed
with runoff, bedding contaminated with litter or excreta, or processed
wastewater.
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 being operated improperly and is inconsistent with the recommended operating methods as determined by the FOTG, AWMFH or the EFH (defined per § 275-9).
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, for purposes of this chapter, provides Green Lake County, LCC,
and LCD, and private landowners with technical assistance and information
on the design criteria, size, shape, engineering strength and other
necessary technical data for the proper and safe installation or closure
of a storage facility.
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 chapter 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 that outlines the management and crediting of nutrients
from all sources, including legumes, manure, and soil reserves for
the application of manure and commercial fertilizers. Management includes
the rate, method, and timing of the application of all sources of
nutrients to minimize the amount of nutrients entering surface water
and groundwater. This practice includes manure nutrient testing and
routine soil testing.
Land with a permanent, uniform cover of grasses or legumes
used as forage for livestock. Pastures do not include areas where
supplemental forage feeding is provided on a regular basis, but can
allow limited areas of bare soil as long as they are not significant
sources of pollution.
The signed, written statement issued by the Green Lake County
Land Conservation Department under this chapter authorizing the applicant
to construct, install, reconstruct, enlarge or substantially alter
an animal waste storage facility or animal feeding operation.
Any person to whom a permit is issued under this chapter.
Any individual, corporation, partnership, joint venture,
agency, unincorporated association, municipal corporation, county,
or state agency within Wisconsin, the federal government, or any combination
thereof.
Wastewater from the production area directly or indirectly
used in the operation of animal feeding operations that results from
any or all of the following:
Spillage or overflow from animal or poultry watering systems.
Washing, cleaning, or flushing pens, barns, manure pits, or
other animal feeding operation facilities.
Direct contact swimming, washing, or spray cooling of animals
or dust control.
Water that comes into contact with any raw materials or animal
byproducts, including manure, feed, milk, eggs or bedding.
A structural replacement or alteration of a storage facility
or structure that corrects or maintains the integrity of the approved
manure storage facility or structure.
Devices which are designed to protect people and animals
from the hazards associated with a waste storage facility. Safety
devices shall be designed and installed as required by NRCS Technical
Standard 313. At a minimum, safety devices 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 LCD agricultural engineering practitioner, the FOTG, AWMFH or EFH (defined per § 275-9).
An order to cease any activity in the operation of, or construction
of an activity subject to regulation.
A change initiated by an owner or operator that results in
a relocation of a structure or facility or significant changes to
the size, depth or configuration of a structure or facility, including:
Replacement of a liner in a manure storage structure; or
An increase in the volumetric capacity or area of a structure
or facility by greater than 20%; or
A change in a structure or facility related to a change in livestock
management from one species of livestock to another, such as cattle
to poultry.
A quantity of manure that is at least 175 cubic feet in volume
and which covers the ground surface to a depth of at least two inches
and is not confined within a manure storage facility or structure,
livestock housing facility or barnyard runoff control facility or
covered or contained in a manner that prevents stormwater access and
direct runoff to surface water or leaching of pollutants to groundwater.
The decommissioning of facilities, and/or the rehabilitation
of contaminated soil, in an environmentally safe manner, where agricultural
waste has been handled, treated, and/or stored and is no longer used
for the intended purpose.
Also referred to as "animal waste storage facility" and "manure
storage facility" A concrete, wooden, steel or otherwise fabricated
structure, or an excavated or earthen impoundment, pit or pond used
for temporary storage of manure. Installation of a manure reception
tank, and/or discharge pipe will be considered a manure storage facility
or structure for purposes of this chapter. Other components used in
the handling of manure, such as gutters, barn cleaners, manure spreaders
and livestock housing are excluded from the definition of a manure
storage facility or structure.
A mechanism designed to transfer the animal waste and manure
from a barn or feedlot where livestock are kept to the storage facility
and/or the loading location. The transfer system generally consists
of, but is not limited to, a pump or gravity flow collection basin
and a pipe leading to the storage facility and/or a pump or gravity
flow system used to empty the storage facility.
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.
Any of the following:
The area within 1,000 feet from the ordinary high-water mark
of navigable waters that consist of a lake, pond or flowage, except
that, for a navigable water that is a glacial pothole lake, the term
means the area within 1,000 feet from the high-water mark of the lake.
The area within 300 feet from the ordinary high-water mark of
navigable waters that consist of a river or stream.
A site that is susceptible to groundwater contamination, which
means any one of the following:
An area within 250 feet of a private well.
An area within 1,000 feet of a municipal well.
An area within 300 feet upslope or 100 feet downslope of a direct
conduit to groundwater.
A channel that flows to a direct conduit to groundwater.
An area where the soil depth to groundwater or bedrock is less
than two feet.
An area where the soil does not exhibit one of the following
soil characteristics:
At least a two-foot soil layer with 40% fines or greater above
groundwater and bedrock.
At least a three-foot soil layer with 20% fines or greater above
groundwater and bedrock.
At least a five-foot soil layer with 10% fines or greater above
groundwater and bedrock.
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[Percent fines is the percentage of a given sample of soil which
passes through a #200 sieve (generally consisting of clay and silt)].
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An area that has the potential to be a direct conduit for contamination
to reach groundwater; which means wells, sinkholes, swallets, fractured
bedrock at the surface, mine shafts, nonmetallic mines, tile inlets
discharging to groundwater, quarries, or depressional groundwater
recharge areas over shallow fractured bedrock.
Those portions of Lake Michigan and Lake Superior within
the boundaries of Wisconsin, and all lakes, bays, rivers, streams,
springs, ponds, wells, impounding reservoirs, marshes, watercourses,
drainage systems and other surface water and groundwater, natural
or artificial, public or private, within the state or its jurisdiction,
except those waters which are entirely confined and retained completely
upon the property of a person as defined by § 283.01(20),
Wis. Stats., (pollution discharge elimination, definitions).
A calendar day, except Saturdays, Sundays and state and federal
recognized legal holidays, on which weather and other conditions not
under the control of the contractor or the County will permit construction
operation to proceed with normal work force.
