This chapter is adopted under authority granted by § 92.16,
Wis. Stats.
This chapter may be cited as the "Grant County Animal Waste
Storage and Nutrient Utilization Ordinance" and is herein referred
to as "this chapter."
The purpose of this chapter is to regulate the location, design,
construction, installation, alteration, closure and the use of animal
waste storage facilities, including the transfer of wastes into storage
facilities and the utilization of animal waste from these facilities
covered by this chapter, in order to prevent water pollution, protect
the water resources and provide for safety of people and animals of
Grant County. It is also intended to provide for the administration
and enforcement of this chapter and to provide reasonable penalties
for its violation.
This chapter shall apply to the unincorporated areas of Grant
County.
In the interpretation and application, provisions of this chapter
shall be held to be minimum requirements and shall be liberally construed
in favor of Grant County, and shall not be deemed a limitation or
repeal of any other power granted by the Wisconsin Statutes or County
ordinances.
If any section, provision, or portion of this chapter is ruled
invalid by a court, the remainder of this chapter shall not for that
reason be rendered ineffective.
This chapter shall become effective upon its adoption and publication
by the Grant County Board of Supervisors.
For the purposes of this chapter, the following definitions
shall be used. Words used in the present tense include the future;
the singular number includes the plural number; the plural number
includes the singular number; the word "shall" is mandatory and not
discretionary. Words and phrases not defined herein shall be construed
according to common and approved usage, but technical words and phrases
and others that have a peculiar meaning shall be construed according
to such meaning unless such construction would produce a result inconsistent
with the manifest intent of this chapter.
ANIMAL WASTE
Livestock excreta and other materials that may be included
in the stored waste, such as bedding, rain or other water, soil, hair,
feathers, and other debris, including milkhouse waste normally included
in animal waste handling operations.
ANIMAL WASTE STORAGE FACILITY
A concrete, steel, or otherwise fabricated structure, or
an earthen facility of constructed earth dikes, excavated pits or
ponds, or a combination of these, used for storage of animal waste.
This chapter applies to all facilities on one operation that stores
a cumulative amount of animal waste volume totaling 7,000 cubic feet
or more (approximately 24 feet by 24 feet by 12 feet).
APPLICANT
Any person who applies for a permit under this chapter.
BEDROCK
The solid or consolidated rock formation typically underlying
loose surficial material such as soil, alluvium or glacial drift.
Bedrock includes but is not limited to limestone, dolomite, sandstone,
shale and igneous and metamorphic rock.
IDLE ANIMAL WASTE STORAGE FACILITY
An animal waste storage facility which is no longer being
used for its intended purpose and/or no longer having any additional
animal waste placed into it for a period of 24 months.
LAND AND WATER CONSERVATION COMMITTEE (LWCC)
Any and all members appointed to the LWCC, personnel employed
by the Grant County Land and Water Conservation Department (LWCD)
and those personnel employed by support agencies.
NUTRIENT MANAGEMENT PLAN
A written plan detailing amount, form, placement, and timing
of the application of plant nutrients. This includes nutrients from
the animal waste storage facilities, commercial fertilizers, legume
crops and crop residues.
PERMIT
The signed, written statement issued by the Grant County
LWCC under this chapter authorizing the applicant to construct, install,
reconstruct, enlarge, substantially alter or close an animal waste
storage facility, and to use or dispose of waste from the facility.
PERMITTEE
Any person to whom a permit is issued under this chapter.
PERSON
Any individual, corporation, partnership, joint venture,
agency, unincorporated association, municipal corporation, county,
or state agency, the federal government, or any combination thereof.
PLAN DEVELOPER
A private engineer or government entity that is retained
by the applicant to provide an animal waste storage plan that meets
all aspects of this chapter.
SUBSURFACE SATURATION
The following criteria apply:
A.
Free water or wet soil identified by glistening, due to the
slow release of water.
B.
Gleyed soil, that may extend uninterrupted from an observed
free water surface.
C.
The presence of distinct gray redoximorphic features with a
chroma of two or less based on Munsell color charts.
D.
Depleted matrices having a value of four or more and chroma
of two or less based on Munsell color charts. In some cases soil parent
materials have a natural color of two chroma or less or gleyed color
that is not due to saturation. In these cases other indicators may
be used: landscape position, elevation or soils in relation to nearby
water features.
WISCONSIN FIELD OFFICE TECHNICAL GUIDE
The Wisconsin Field Office Technical Guide (WI-FOTG) is the
primary technical reference tool used in accomplishing the Natural
Resources Conservation Service (NRCS) mission. WI-FOTG contains technical
reference material to be used when planning, designing, applying,
and maintaining conservation practices as adopted by the Grant County
LWCC.
WATER POLLUTION
Any act or condition 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.
Each application for a permit under this section shall include
an animal waste storage facility plan and a nutrient management plan.
Plans must be in accordance with applicable standards.
A. Animal waste storage facility plan. Construction plans may be developed
through the Grant County LWCD, state or federal governmental agencies
or civil, agricultural, structural or sanitary professional engineer
registered in the State of Wisconsin. Plans developed by a registered
professional engineer must bear the engineer's seal and be accompanied
by verification that the plan is in accordance with applicable standards.
In addition to the management and site assessment documentation noted
in NRCS Standard 313, the plan shall specify:
(1) A plan view of the facility and its location in relation to buildings
within 250 feet and homes within 500 feet of the proposed facility.
The sketch shall be drawn to scale, with a scale no smaller than one
inch equals 100 feet.
(2) The North arrow, scale of the drawing, legal description of location
of the proposed facility, description and elevation of a temporary
benchmark.
(3) The structural details, including, but not limited to dimensions,
cross sections, concrete thickness, reinforcing steel location, design
loading details and all computations necessary for the design.
(4) The location of any wells within 500 feet of the facility.
(5) The soil test pit locations, including test from borrow area, elevations
and soil descriptions to a depth of at least five feet below the planned
bottom of the facility. A professional soil scientist or a registered
professional engineer, or their representative, must be present for
soil test pit excavation.
(6) The elevation of subsurface saturation or bedrock if encountered
in the soil profile and the date of any such determinations.
(7) Provisions for adequate drainage and control of runoff to prevent
pollution of surface water and subsurface saturation areas. If a body
of water lies within 500 feet of the facility, the location and distance
to the body of water shall be shown.
(8) A time schedule for construction of the facility.
B. A nutrient management plan. Plans shall be developed by a qualified
person as defined in ATCP 50 and that conforms with USDA-NRCS Nutrient
Management (590) Standard. The plan must show that the landowner has
control of enough acres to spread all the animal waste stored in the
facility.
C. Closure of animal waste storage facility. If the applicant wishes
to close an animal waste storage facility, the applicant must submit
a closure plan for approval by Grant County LWCC and obtain a permit
for the closure. The applicant seeking to close an animal waste storage
facility must comply with all of the applicable standards of this
chapter.
All permits issued under this chapter shall be issued subject
to the following conditions and requirements:
A. Animal waste storage facility design, construction, management, and nutrient management activities shall be carried out in accordance with the animal waste storage plan and nutrient management plan specified in §
90-14 of this chapter and applicable standards specified in §
90-11 of this chapter.
B. The permittee shall give five working days' notice to the LWCC
before starting any construction activity authorized by the permit.
C. Approval, in writing, must be obtained from the LWCC prior to any
modifications to the animal waste storage facility plan after a permit
has been issued.
D. Within 30 days after the completion of the construction of the animal
waste storage facility and prior to the entrance of any animal waste
into the facility, the plan developer, shall certify, in writing:
"To the best of my professional knowledge, judgment and belief, the
installed practice meets NRCS standards (list standard numbers and
titles)." Entrance of animal waste into the animal waste storage structure
prior to developer certification shall be a violation of the permit
and of this chapter.
E. Activities authorized by permit must be completed within one year
from the date of issuance after which such permit shall be void, unless
an extension is granted through the LWCC.
The LWCC may revoke any permit issued under this chapter if
the holder of the permit has misrepresented any material fact in the
permit application, if the holder of the permit violates any of the
conditions of the permit, this chapter or any of the standards referred
to in this chapter.
A violation includes any failure to comply with any standard
of this chapter or with any condition or qualification attached to
any permit or any failure to comply with notice of a permit revocation
or stop-work order. Each day that a violation exists shall be a separate
offense.
A. Penalties. Any person who violates, neglects or refuses to comply
with, or resists the enforcement of any of the provisions of this
chapter shall be subject to a forfeiture of not less than $25 nor
more than $500, plus costs of prosecution, for each violation. Each
day that a violation exists shall be a separate offense.
B. Enforcement by injunction. As a substitute for, or in addition to
forfeiture actions, Grant County may seek enforcement of any part
of this chapter by court actions seeking injunctions or restraining
orders.