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.
A.
Closure of a waste storage facility shall occur in those cases where
the facility ceases operation, or manure has not been added or removed
from the facility for a period of 24 months. Waste storage facilities
shall be closed in a manner that will prevent future contamination
of groundwater and surface waters.
B.
The owner or operator may retain a facility and consider it idle
for a longer period of time by demonstrating to the LCD that all of
the following conditions are met:
(1)
The facility is designed, constructed and maintained in accordance with § 275-11 of this chapter.
(2)
The facility is capable of storing the manure and all accumulated
precipitation for a period of time longer that 24 months.
(3)
Future retention of the facility is warranted based on anticipated
future use.
C.
Any person who owns an animal waste storage facility that has been
determined to be idle shall:
(1)
Lower the level of the animal waste in the facility to an elevation
of one foot above the floor of the facility, as determined by the
LCD, within a period of one year from the date the facility was determined
to be idle.
(2)
Spread removed waste in accordance to a 590 Nutrient Management Plan.
(3)
Require inspection and verification of adequacy by the LCD staff
or a professional engineer licensed in the State of Wisconsin prior
to reuse as a waste storage facility if no manure had been added or
removed for a period of 24 months or longer.
D.
Exception to closure provision. This provision may be granted to
an individual if all the following conditions are met:
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.
A.
Manure management prohibitions. Any person owning or managing a livestock
operation within Green Lake County shall manage his or her operations
so as to prohibit any of the following:
(1)
The overflow of manure storage structures.
(2)
Any unconfined manure stacking (piling) within water quality management
areas (adjacent to stream banks, lakeshores, and in drainage channels.)
(3)
The direct runoff from feedlots or stored manure to waters of the
state.
(4)
The unlimited livestock access to waters of the state where high
concentrations of animals prevent adequate sod cover maintenance.
B.
Processed wastewater handling performance standard. There may be
no significant discharge of processed wastewater to waters of the
state as determined by the LCD.
C.
Human waste prohibition. Human waste and associated wastewater shall
not be discharged into animal waste storage facilities unless permitted
by applicable federal, state, or local regulations for the disposal
of human waste and wastewater.
