This chapter shall be referred to as "the Livestock Operation
Ordinance."
This chapter is adopted pursuant to the authority granted in
Wis. Stat. §§ 60.10, 60.22, 61.34, 92.11, and 92.15.
The Town of Ledgeview makes the following findings and declarations
in support of this chapter:
A.
The Town
recognizes the importance of protecting groundwater quality, and that
proper land use and management, including proper management of nutrients
from livestock operations, is essential to the protection of groundwater
quality, public health, safety and welfare, and the property tax base
of the Town.
B.
Land application
of animal wastes can significantly impact groundwater quality by increasing
the level of nitrates and increasing the risk of pathogens and other
contaminants, particularly in environmentally vulnerable areas.
C.
Nitrates
and other contaminants present significant environmental and public
health risks. Scientific research shows that elevated concentrations
of nitrate in drinking water has been associated with the risk of
methemoglobinemia, or "blue baby syndrome," in humans. Contaminated
groundwater directly threatens the health of Town residents, a significant
number of whom rely on private wells for their water supply.
The purpose of this chapter is as follows:
A.
To provide
for the administration and enforcement of standards necessary to preserve
and protect the Town's groundwater resources.
B.
To promote
the protection of public health, safety, and general welfare of the
citizens of the Town by protecting and preventing contamination of
surface water and groundwater quality in the Town by regulating local
land use and land management practices that cause excessive nonpoint
source water pollution.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements and shall be liberally
construed in favor of the Town of Ledgeview, and shall not be deemed
a limitation or repeal of any other power granted by the Wisconsin
Statutes.
A.
Should any
section, clause, provision, or portion of this chapter be adjudged
to be unconstitutional or invalid, unlawful, or unenforceable by a
final order of a court of competent jurisdiction, the remainder of
the chapter shall remain in full force and effect.
B.
If any application
of this chapter to a particular parcel of land is adjudged unconstitutional
or invalid by a final order of a court of competent jurisdiction,
such judgment shall not be applicable to any other parcel of land
not specifically included in said judgment.
This chapter shall become effective the day after publication
or posting as provided by Wis. Stats. § 60.80.
Unless specifically defined herein, all terms in this chapter
have the meaning provided for in Wis. Stats. Chs. 92 and 281, and
Wis. Admin. Code cChs. ATCP 50 and 51 and NR 151.
Excreta from livestock and includes livestock bedding, water,
soil, hair, feathers, and other debris that becomes intermingled with
livestock excreta in normal manure handling operations.
An individual, corporation, partnership, cooperative association,
limited liability company, trust, or other legal organization or entity.
Has the meaning set forth in Wis. Stats. § 160.01(5)
and Wis. Admin. Code § NR 140.22.
The Town of Ledgeview, Wisconsin.
