HomeMy WebLinkAboutOrdinance 2012 (812)
Ordinance No. 812(2012)
ORDINANCE REPEALING CHAPTER 11- ANIMAL WASTE
ST. C R O U NTY MANAGEMENT AND RECREATING CHAPTER 11- ANIMAL
WASTE STORAGE FACILITIES OF THE ST. CROIX COUNTY
CODE OF ORDINANCES
1 WHEREAS; Wisconsin Statutes 92.07, 92.15 and 92.16 authorize counties to regulate
2 animal waste storage facilities; and
3
4 WHEREAS, Chapter 11 - Animal Waste Management of the St. Croix County Code of
5 Ordinances does not adequately address design, construction and management of animal waste
6 storage facilities; and
7
8 WHEREAS, Chapter 11 has been renamed and recreated to comply with Wisconsin
9 State Statutes, Administrative Codes, and state-referenced technical standards.
10
11 THEREFORE, the St. Croix County Board of Supervisors does ordain as follows:
12
13 St. Croix County Code of Ordinances Chapter 11 - Animal Waste Management as created
14 in November 1985, and recodified in May 2003, is hereby repealed and recreated as
15 Chapter 11 - Animal Waste Storage Facilities as attached. This chapter shall become
16 effective upon its enactment by the St. Croix County Board of Supervisors and its proper
17 publication.
Sponsored By: Community Development Committee on July 19, 2012
Legal - Fiscal- Administrative Approvals:
Legal Note: None
Fiscal Impact: None
0444% IF
Don Gillen, Corporation C s /2012 Ta e , i ce Direc r 7/12/2012
St Croix County Board of Supervisors Action:
Page 1
Roll Call - Vote Requirement - Majority of Supervisors Present
RESULT: ADOPTED [UNANIMOUS]''`
MOVER: Agnes Ring, Supervisor
SECONDER: Andy Brinkman, Supervisor
AYES: Travis Schachtner, Agnes Ring, Tim Hood, Daryl Standafer, Fred Yoerg, Buck Malick, Chris Kilber, Richard
__Ottino, Dave Ostness, Roger Larson, Fred Horne, Ron Kiesler, Andy Brinkman, David Peterson, Joe Hurtgen, Brian
Hurtgen, Duane Russett, William Peavey
ABSENT: Tom Hawksford
This Ordinance was ENACTED by the St. Croix County Board of Supervisors on August 7, 2012
Cindy Campbell, County Clerk
18
Page 2
i
ST. CROIX COUNTY
CODE OF ORDINANCES
LAND USE AND
DEVELOPMENT
b
CHAPTER I I
ANIMAL WASTE
STORAGE FACILITIES
EFFECTIVE
AUGUST 14,2012
ST. CROIX COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
GOVERNMENT CENTER
1101 CARMICHAEL ROAD 3
HUDSON, WI 54016
715-386-4680
715-3 86-4686 FAX
WWW.CO.SA.INT-CROIX.WLUS
August 14, 2012 Chapter 11 Table of Contents
TABLE OF CONTENTS
11.1 INTRODUCTION 1
A. Title, Authority, Effective Date & Applicability .............................................................1
B. Findings & Purpose ...........................................................................................................1
C. Interpretation .....................................................................................................................2
11.2 GENERAL PROVISIONS 3
A. Standards to be Met ...........................................................................................................3
11.3 PERMITS AND APPLICATIONS 4
A. Construction & Operation Permits ..................................................................................4
B. Application ..........................................................................................................................6
C. Construction Permit ..........................................................................................................7
D. Operation Permit ...............................................................................................................9
E. Waste Storage Facility Closure & Use Conversion Plan ..............................................10
11.4 ADMINISTRATION & ENFORCEMENT 11
A. Administration .................................................................................................................11
B. Fees ....................................................................................................................................12
C. Enforcement & Appeals ..................................................................................................12
11.5 DEFINITIONS 14
A. Purpose ..............................................................................................................................14
B. Definitions .........................................................................................................................14
11.6 INDEX 17
St. Croix County Animal Waste Storage Facilities 11-i
August 14, 2012 Section 11.1 Introduction
ST. CROIX COUNTY CODE OF ORDINANCES
LAND USE AND DEVELOPMENT
CHAPTER 11- ST. CROIX COUNTY ANIMAL WASTE STORAGE
FACILITIES
The Board of Supervisors of St. Croix County, Wisconsin, does ordain as follows: The Code of
Ordinances Chapter 11 Animal Waste Management, as amended on May 20, 2003, is repealed and
recreated as Chapter 11-- Animal Waste Storage Facilities as follows:
11.1 INTRODUCTION
A. TITLE, AUTHORITY, EFFECTIVE DATE & APPLICABILITY
1. TITLE
a. This chapter shall be cited as the "St. Croix County Animal Waste Storage Facilities
Ordinance" and hereinafter referred to as the "Chapter."
2. AUTHORITY
a. This chapter is authorized by Wisconsin Statutes §§92.07, 92.15, and 92.16 .
b. If any of these statutes are amended, they shall apply as amended on the effective date
of the amendment.
3. COMPLIANCE WITH OTHER REGULATIONS AND STANDARDS
a. In addition to this chapter, compliance with the following regulations and standards is
necessary:
1) Wisconsin Administrative Code § ATCP 51.
2) Wisconsin Administrative Code § § NR 151.05, 151.06, 151.07 and 151.08.
3) Natural Resource Conservation Service (MRCS) Practice Standards 590, 313, 342,
360, 382, 558, 634 and NRCS Statement of Work Waste Storage Facilities.
b. If any of these regulations or standards is amended they shall apply as amended on the
effective date of the amendment.
4. EFFECTIVE DATE
a. The chapter shall be effective the day after publication, August 14, 2012. Ordinance
No. 812(2012), Repeal and Recreation of Chapter 11 Animal Waste Storage
Facilities.
5. APPLICABILITY
a. This chapter applies to the entire unincorporated area of St. Croix County.
B. FINDINGS & PURPOSE
1. FINDINGS OF FACT
a. The St. Croix County Board of Supervisors hereby finds as follows:
St. Croix County Animal Waste Storage Facilities 11-1
11.1 Introduction August 14, 2012
1) Storage of animal waste in storage facilities not meeting technical design and
construction standards and improper management and utilization of animal waste
storage facilities, including land application of stored waste, may cause pollution
of the surface and ground waters of St. Croix County.
2) Such pollution endangers the health and welfare of county residents, animals and
plants, and the economy of St. Croix County.
3) The practice standards developed by the United States Department of
Agriculture's Natural Resources Conservation Service (MRCS) as developed by
the State of Wisconsin, and adopted by the St. Croix County Community
Development Committee (formerly the Land and Water Conservation
Committee), provide effective, practical and environmentally safe methods of
storing and utilizing animal waste.
2. PURPOSE
a. The purpose of this chapter is to:
1) Regulate animal waste storage facilities and operations in a manner that neither
creates an impermissible conflict with statutory, administrative, or constitutional
standards, nor imposes an undue financial burden on the County.
2) Regulate the location, siting, design, construction, inspection, installation,
management, alteration and utilization of animal waste storage facilities, and the
use and application of waste from these facilities, in order to prevent the pollution
of the county's surface and groundwater and thereby protect the public health,
environment, safety and general welfare of county residents, animals and plants,
and the economy.
C. INTERPRETATION
1. ABROGATION
a. This chapter is not intended to repeal, abrogate, annul, impair or interfere with any
existing easements, covenants, deed restrictions, agreements, rules or permits
previously adopted or issued pursuant to law.
b. This chapter is not intended to abrogate, impair or interfere with the legal rights of
individuals guaranteed by the state and federal constitutions, statutes and administrative
rules.
2. LIBERAL CONSTRUCTION
a. The provisions of this chapter shall be liberally construed in favor of St. Croix County
and shall not be construed to be a limitation or repeal of any other power now possessed
by or granted to St. Croix County.
3. SEVERABILITY AND NON-LIABILITY
a. If any section, clause, provision or portion of this chapter is adjudged unconstitutional
or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be
affected.
b. If any application of this chapter to a particular land, building, structure, water or air is
adjudged unconstitutional or invalid by a court of competent jurisdiction, such
judgment shall not be applicable to any other land, building, structure, water or air not
specifically included in said judgment.
11-2 St. Croix County Animal Waste Storage Facilities
August 14, 2012 Section 11.2 General Provisions
11.2 GENERAL PROVISIONS
A. STANDARDS TO BE MET
1. ZONING
a. Animal waste storage facilities or operations must comply with all applicable
provisions of the St. Croix County Code of Ordinances - Land Use and Development
Chapter 17 Zoning, including 17.25 - 17.35 Shoreland Zoning and §17.40
Floodplain Overlay District.
b. Any animal waste storage facility or operation, or any portion thereof, installed within
shoreland zoning shall comply with all applicable requirements of Administrative Code
Ch. NR 115.
c. Any animal waste storage facility or operation, or any portion thereof, installed within a
floodplain zoning district shall comply with all applicable requirements of
Administrative Code Ch. NR 116.
2. OPERATION
a. An animal waste storage facility shall not be used for any use other than its original
intended use unless authorized by a use conversion under §11.3 E.
b. Waste products that are not authorized in the original permit shall not be placed in an
animal waste storage facility without prior approval from the Code Administrator.
c. The animal waste storage facility shall comply with the owner/operator's submitted 590
Nutrient Management Plan.
3. ANNUAL UPDATES
a. The owner/operator is required to update the 590 Nutrient Management Plan on an annual
basis with full soil tests on each field required every four years.
b. The owner/operator or current landowner shall submit annually the 590 Nutrient
Management Plan checklist, actual application rates of animal waste and location applied
on crop fields, and any updates to the 590 Nutrient Management Plan to the Land and
Water Conservation Department.
4. ONGOING COMPLIANCE
a. The owner/operator shall fully comply with State Agricultural Performance Standards and
Prohibitions found in Wisconsin Administrative Code Chs. ATCP 50 and NR 151 and
shall remain in full compliance with these standards and prohibitions.
b. The owner/operator will be sent a self-certification form from the Land and Water
Conservation Department annually to self certify that the operation is in full compliance
with the State Agricultural Performance Standards and Prohibitions.
c. The St. Croix County Community Development Department and/or the Land and Water
Conservation Department staff shall conduct periodic spot checks to determine
compliance with the State Agricultural Standards and Prohibitions.
5. GROUNDWATER CONTAMINATION - PREVENTION
a. It is unlawful for any person to use an animal waste storage facility for disposal of any
material containing hazardous substances and/or biological substance(s) that would
cause groundwater to be unpalatable, unsafe, unfit for human consumption or to not
meet drinking water standards found in Administrative Code Ch. NR 140.
St. Croix County Animal Waste Storage Facilities 11-3
11.3 Permits & Applications August 14, 2012
11.3 PERMITS AND APPLICATIONS
A. CONSTRUCTION & OPERATION PERMITS
1. PERMIT REQUIRED
a. An animal waste storage facility or operation subject to this chapter shall obtain a
construction and/or operation permit(s) before commencing construction or operation
and shall maintain the operation permit during operation. Permits are obtained through
the application procedures in §11.3 A.-D.
b. A construction permit is required prior to the construction of an animal waste storage
facility or part thereof, and prior to the modification, enlargement or reconstruction of
an existing animal waste storage facility or part thereof.
c. An operation permit is required prior to the operation of any existing or proposed
animal waste storage facility, including any animal waste, byproducts, liquids or solid
materials entering the facility.
2. GENERAL STANDARDS
a. Every applicant for a construction or operation permit for an animal waste storage
facility is charged with knowledge of the requirements of all state laws, rules and
regulations, St. Croix County ordinances relating to or affecting animal waste storage
and/or the land upon which it is located, and local regulations.
b. A construction permit is subject to any applicable local, county, state and federal
regulation.
c. An operation permit is subject to any applicable county, state and federal regulation.
d. A construction or operation permit issued in violation of any provision of this chapter is
null and void.
3. PERMIT DECISION & APPEAL PROCESS
a. The Community Development and Land and Water Conservation departments shall
review an application for a construction permit or operation permit, facility plan and
supporting documents and conduct a site visit.
b. The Community Development Department staff and Land and Water Conservation
Department staff shall submit review results and make recommendations to the Code
Administrator in writing.
c. The Code Administrator shall approve, approve with changes or deny the construction
or operation permit no more than 45 days from the date a properly completed
application and application fee is received.
1) If a permit is denied, or approved with changes, the Code Administrator shall
provide to the applicant a written decision within 10 days of his/her decision,
stating the reason or reasons for the decision and describing the applicant's appeal
rights and procedures with the Board of Adjustment under St. Croix County Code
of Ordinances Land Use and Development Zoning § 17.70 (5)-(8).
2) The Board of Adjustment may reverse or affirm, wholly or partly, or may modify
the Code Administrator's decision.
3) The Board of Adjustment shall issue a final written decision on an appeal no more
than 90 days from the receipt of a proper appeal and applicable fee.
11-4 St. Croix County Animal Waste Storage Facilities
August 14, 2012 11.3 Permits & Applications
4) If the appeal is denied, approved or approved with conditions, the Board of
Adjustment shall prepare a written decision within 10 days of its decision, stating
a reason or reasons for the action and provide it to the applicant,
d. When a construction or operation permit is required for an animal waste storage
facility, and the permit application or permit appeal demonstrates that the animal waste
storage facility would or does comply with all applicable requirements of this chapter,
local, state and federal regulations, the permit application or permit appeal shall be
approved or approved with conditions.
4. PERMIT MODIFICATION
a. A construction or operation permit issued by the Code Administrator may be modified.
b. All pertinent information for construction plan revisions, modifications to the approved
facility plan or other modifications must be submitted to the Community Development
Department for review and approval.
c. It is the responsibility of the owner/operator to promptly provide plan modifications
that detail any additions, alterations, or other modifications to the original permit.
d. An operator may request a modification to his/her construction or operation permit by
following the construction or operation permit application procedure.
e. A construction or operation permit modification procedure may be commenced by the
Code Administrator if an animal waste storage facility or operation is alleged to be out
of compliance with a law, rule, regulation or ordinance, or is a threat to the public
health or safety. If found to be out of compliance, the operator shall submit to the Code
Administrator information specifying how the alleged non-compliant operation will
then be brought into compliance.
f. An operator shall request a modification to his/her construction or operation permit if
changes occur which make modifications necessary to protect the public and are
compliant with the standards in §§11.1 A.S. and 11.2 A.
g. Modifications to permits must be approved in writing by the Code Administrator prior
to changes in construction, installation or operation.
h. A fee shall be required for substantial modification to a permit. For example when
additional staff time is required to review the proposed modification an hourly rate
would be charge for staff time.
5. TRANSFER OF OWNERSHIP
a. A construction or operation permit may be transferred from the holder to a subsequent
owner or operator of the land or facility.
b. The subsequent owner or operator shall meet with the Code Administrator to review the
existing permit and transfer under c. below and continued compliance under 6.d. below.
c. A written notice of transfer of ownership of a property for which a valid permit exists
shall be filed with the Community Development Department and is subject to the
following:
1) The Community Development Department shall issue a new permit upon review
of the transfer.
2) Proof of ownership or lease is required.
3) Transfer of ownership shall not affect the expiration date or renewal requirements.
4) A site visit by the Code Administrator or his/her designee is required.
St. Croix County Animal Waste Storage Facilities 11-5
11.3 Permits & Applications August 14, 2012
6. PERMIT EXPIRATION
a. A construction and/or operation permit is valid for one year from the date of issue.
b. Prior to its expiration, the owner/operator may request an extension of the construction
permit from the Code Administrator.
c. A construction permit may be extended for up to one additional year, after which time
the permit expires.
d. The operation permit remains valid upon annual submittal of a certified 590 Nutrient
Management Plan update and self certification of the State Wisconsin Agricultural
performance standards to the Code Administrator. Failure to submit the update and self
certification shall cause the permit to expire.
7. PERMIT REVOCATION
a. Any incorrect or false statement made by an applicant, or issuance of a construction or
operation permit contrary to a law, rule, regulation or ordinance, is grounds for
revocation of the permit,
b. Where the terms or conditions on any construction or operation permit are violated, the
permit may be revoked by the Code Administrator.
B. APPLICATION
1. CONSTRUCTION OR OPERATION PERMIT APPLICATION REQUIREMENTS
a. The application for a construction or operation permit shall be submitted to the
Community Development Department.
b. No application for a construction or operation permit shall be considered complete
unless all the information required by this section is provided.
c. The application for a construction or operation permit shall be made on forms provided
by the Community Development Department.
d. The application for a construction or operation permit shall be signed by the landowner
and the operator.
e. To avoid duplication, the application may reference information already on file with the
Community Development Department.
2. CONTENT OF APPLICATION
a. A properly completed construction or operation permit application shall provide the
following information:
1) Property owner name and contact information, including all persons or entities
who are owners or lessors of the property on which the animal waste storage
facility or operation is or will be located.
2) Applicant name and contact information, including the applicant and operator of
the animal waste storage facility or operation.
3) Property information, including the site address, legal description, parcel
identification number, tax identification number and zoning district classification
of the property on which the animal waste storage facility or operation is or will
be located.
4) If applicable, a copy of a fully executed lease between the operator and the owner
of the property which allows an animal waste storage facility or operation on the
owner's property.
11-6 St. Croix County Animal Waste Storage Facilities
August 14, 2012 11.3 Permits & Applications
-
5) A site plan, mapped or drawn at a scale of not less than 1 inch = 300 feet, to
include:
a) Dimensions and area of the lot or parcel,
b) The location of the existing and proposed animal waste storage facilities,
buildings and structures, homes, property lines, identified roads and road-
rights-of-way, private and municipal wells, public or private drainage ditches,
floodplains, creeks, flowages, lakes, rivers, streams, intermittent streams,
wetlands or karst features (sinkholes) within 1,000 feet of the proposed or
existing facility.
c) All applicable setbacks, including those from property lines, wells, navigable
waters, wetlands and roads.
d) In the Lower St. Croix Riverway, Shoreland and Floodplain Overlay Districts,
location of the bluffline, Ordinary High Water Mark (OHWM) of any abutting
navigable waterways, floodplain, floodway and floodfringe limits as determined
from floodplain zoning maps used to delineate floodplain areas.
e) Location of existing or future access driveways and roads or highways.
6) Project information including a narrative description of the waste storage facility,
specifying the type and number of animals at the facility.
7) Conceptual drawings of the proposed facility.
8) Plan view drawings shall be on paper at a minimum size of 11x17 inches.
9) An aerial photo that shows detail 1000 feet in each direction of the facility.
10) All related permits or permit applications.
11) Two copies of the site plan and documentation.
12) All required fees. Fees are listed in a fee schedule available from the Community
Development Department.
13) Additional relevant information reasonably deemed necessary by the Community
Development Department to enable a proper review of the application to be
performed. If additional pertinent information is requested, the application shall
not be considered a properly completed application and timeframes for processing
shall not commence until the additional information is received.
C. CONSTRUCTION PERMIT
1. APPLICABILITY
a. The provisions of this section shall apply to construction permits.
2. SUBMITTAL REQUIREMENTS
a. In addition to the application requirements of §11.3 B.1., a facility plan and a 590
Nutrient Management Plan shall be submitted. The 590 Nutrient Management Plan
shall be prepared for an owner/operator by a certified nutrient management planner.
3. FACILITY PLAN
a. Facility plan drawings and documentation are required for all construction activities
except use conversion or storage facility abandonment. Standards and conditions for
use conversion or storage facility abandonment are found in §11.3 E..
St. Croix County Animal Waste Storage Facilities 11-7
11.3 Permits & Applications August 14, 2012
b. The facility plan shall meet or exceed the minimum established limits and specific
criteria within NRCS Practice Standard for Waste Storage Facility (313) and additional
technical standards, including but not limited to, Critical Area Planting (342), Fence
(382), Roof Runoff Structure (558), Nutrient Management (590), and Manure Transfer
(634) where applicable and NRCS Statement of Work for Waste Storage Facilities.
c. The facility plan shall include at a minimum the following:
1) All components of the system.
2) Dimensions and elevations to locate the work.
3) Scale, adjusted to show the greatest amount of detail.
4) Recoverable benchmark including elevations.
5) Two-foot contours, minimum.
6) Soil boring locations.
7) North arrow.
8) Cross-sections of the following:
a) Animal waste storage facility.
b) Bedrock elevation and type, if determined.
c) Groundwater elevation, if determined.
d) Soil test pit logs and soil analysis reports.
e) Concrete joint locations and reinforcement details.
9) Safety design.
10) Fencing.
11) Seeding.
12) Storage volumes, days of storage, and animal numbers, size, and species.
13) Specifications of materials.
14) Management assessment and site assessment.
15) Construction inspection plan.
16) Operation and maintenance plan.
17) Construction site erosion control plan and any applicable stormwater management
plan.
18) Maximum operating level and contingency plan.
19) Computations and calculations for documenting compliance with these standards.
4. CONSTRUCTION PERMIT CONDITIONS
a. The owner/operator shall give five working days notice to the Community
Development Department prior to starting construction.
b. Staff from the Community Development and/or Land and Water Conservation
departments will conduct site inspections during and at the end of the construction
period to verify that the facility was constructed or installed as planned and designed.
c. As-built drawings shall be submitted at the completion of construction and shall be
signed and bear the seal of a professional engineer licensed to practice in the State of
Wisconsin certifying that the facility was built as planned and designed according to
standards and specifications.
5. ONGOING MAINTENANCE & REPAIRS
a. Ongoing maintenance or emergency repairs, such as repairing or replacing a broken
pipe or leaking dike, or removing stoppages, may be performed without obtaining a
modification to the construction permit.
11-8 St. Croix County Animal Waste Storage Facilities
August 14, 2012 11.3 Permits & Applications
b. If repair or maintenance substantially alters the original design or construction of the
facility, a notice shall be given within one business day of such repair or maintenance to
the Community Development Department. Upon receiving the notice the Community
Development Department shall forward the notice to the Land and Water Conservation
Department for a recommendation as to whether a construction permit modification
will be required for said alterations.
c. The Community Development Department shall issue a written decision to the
owner/operation within 15 working days from the day notice is received in the
Community Development Department as to whether a construction permit modification
will be required.
D. OPERATION PERMIT
1. APPLICABILITY
a. The provisions of this section shall apply to operation permits.
2. SUBMITTAL REQUIREMENTS
a. In addition to the application requirements of §11.3 B.1., the following are required:
1) The owner/operator shall provide the Community Development Department two
paper copies or one digital copy of the as-built drawings clearly documenting
changes from the original construction plans.
2) The as-built drawings shall be signed and bear the seal of a professional engineer
licensed to practice in the State of Wisconsin certifying that the facility was
installed as planned and designed according to standards and specifications.
3) 590 Nutrient Management Plan. A nutrient management plan shall be prepared
for a landowner by a certified nutrient management planner.
4) The owner/operator shall be responsible to verify full compliance with State
Agricultural Performance Standards and Prohibitions (Wisconsin Administrative
Code Chs. ATCP 50 and NR 151) using a self-certification form from the Land and
Water Conservation Department and shall remain in full compliance with these
standards and prohibitions.
3. OPERATION PERMIT CONDITION
a. A 590 Nutrient Management Plan update and self-certification of the State of
Wisconsin Agriculture performance standards shall be submitted annually to the Land
and Water Conservation Department or Community Development Department see
§11.2 A.3. and 4.
b. The Community Development and Land and Water Conservation Department staff may
conduct inspections of the animal waste storage facility for compliance with the
operation permit.
St. Croix County Animal Waste Storage Facilities 11-9
11.3 Permits & Applications August 14, 2012
E. WASTE STORAGE FACILITY CLOSURE & USE CONVERSION PLAN
1. CLOSURE
a. Closure of an animal waste storage facility shall occur when a site where the facility is
located ceases operations, or animal waste has not been added or removed from the
facility for a period of 24 months. Animal waste storage facilities shall be closed in a
manner that will prevent future contamination of groundwater and surface waters and
shall follow the Permit Decision and Appeal Process under §11.3 A.3.
b. The following documentation shall be submitted to the Community Development
Department:
1) A location map or drawing of the animal waste storage facility which shows the
location of the animal waste storage facility, buildings and structures, homes,
property lines, identified roads and road right-of-way, private and municipal
wells, public or private drainage ditches, floodplains, creeks, flowages, lakes,
rivers, streams, intermittent streams, wetlands or karst features (sinkholes) within
1,000 feet of the proposed facility.
2) The location map or drawing shall include a scale, north arrow and the date it was
prepared.
3) A narrative description of the method and specifications in transferring animal
waste into and from the waste storage facility to ensure proper closure of the
transfer systems.
4) Provisions to remove or permanently plug the manure transfer system serving the
animal waste storage facility.
5) Provisions to remove and properly dispose of all accumulated manure in the
animal waste storage facility in compliance with NRCS Practice Standard 590,
Nutrient Management Plan.
6) For all earthen animal waste impoundments, plan requirements and provisions
shall be in compliance and consistent with NRCS Practice Standard 360, Closure
of Waste Impoundments.
7) The closure plan shall be evaluated and on-site inspections conducted by the Land
and Water Conservation Department staff during the closure of the facility.
2. USE CONVERSION
a. An animal waste storage facility may be converted to other uses, when it is
demonstrated that the conversion will not result in a degradation of ground and/or
surface waters or be a threat to public health, safety, or general welfare. A use
conversion shall follow the Permit Decision and Appeal Process under §11.3 A.3.
b. A detailed description of the intended use must be described for all animal waste
storage facility conversions for determination if conversions will be allowed.
c. The documentation required in Lb. 1), 2), 3) and 4) above and any applicable
information not already on file under §11.3 B.1. shall be submitted to the Community
Development Department.
11 11 1 111, 11 IN
11-10 St. Croix County Animal Waste Storage Facilities
August 14, 2012 11.4 Administration & Enforcement
11.4 ADMINISTRATION & ENFORCEMENT
A. ADMINISTRATION
1. CODE ADMINISTRATOR
a. The St. Croix County Code Administrator shall be responsible for the administration
and enforcement of this chapter.
b. The powers and duties of the Code Administrator under this chapter may be delegated
by him/her to personnel employed by or assigned to the Community Development
Department.
2. POWERS AND DUTIES
a. The Code Administrator shall have the following powers and duties:
1) Issue permits and inspect properties for compliance with this chapter and related
Wisconsin Statutes and the Wisconsin Administrative Code chapters.
2) Advise applicants concerning the provisions of this chapter and assist them in
preparing permit applications.
3) Keep records of all permits issued, inspections made, work approved, and other
official actions.
4) Have access to premises for the purpose of performing official duties as
prescribed by law, subject to 11.4 A.3. below.
5) Investigate violations and enforce this chapter.
6) For purposes of inspection, obtain and execute special inspection warrants under
Wisconsin Statutes §66.0119.
7) Upon determination of noncompliance with a permit, this chapter, applicable
Wisconsin Statutes or applicable Wisconsin Administrative Code chapters, revoke
or suspend any permit and issue cease and desist orders requiring the cessation of
any construction, alteration, use or operation of an animal waste storage facility
until compliance is obtained.
b. Town deputy code administrators are not authorized to issue construction or operation
permits for animal waste storage facilities or operations.
3. RIGHT OF ENTRY AND INSPECTION
a. The Community Development Department or Land and Water Conservation
Department staff may inspect any existing or proposed animal waste facility or
operation subject to this chapter for the purpose of ascertaining compliance with this
chapter.
b. Before engaging in any inspection, staff shall seek permission from the owner/operator,
or authorized agent thereof, to inspect.
c. Submitting an application for a construction or operation permit is considered the
owner/operator's consent to enter and inspect the premises for purposes of the
application process. In this situation, no applicant may refuse entry to an existing or
proposed animal waste facility or operation, subject to d. and e. below.
d. Staff shall present to the owner/operator, or authorized agent, appropriate credentials,
identifying them as a representative of St. Croix County.
St. Croix County Animal Waste Storage Facilities 11-11
11.4 Administration & Enforcement August 14, 2012
e. Staff will not inspect the property unless accompanied by the owner/operator, or
authorized agent, and will take necessary precautions to prevent cross-contamination
from bio-hazards to or from the property.
f. If violations are identified, enforcement procedures shall be commenced.
B. FEES
1. APPLICATION FEES
a. A construction permit application fee shall be paid at the time an application for an
animal waste storage facility is submitted. The fee's purpose is to contribute to or
cover the cost of processing and reviewing the application, publishing public notices,
conducting public hearings and inspecting sites.
b. A use conversion fee may be charged, the fee shall be paid at the time an application for
use conversion is submitted. The fee's purpose is to contribute to or cover the cost of
processing and reviewing the application and inspecting the site.
c. The amount of the application fee and use conversion fee shall be established by the St.
Croix County Community Development Committee. The amount of the fees shall be
modified from time to time to reflect current costs. All fees shall be published in a fee
schedule available from the Community Development Department.
d. No fee shall be charged for animal waste storage facility closure or operation permit.
e. The fees shall be paid to the Community Development Department at the time an
application for a construction permit or use conversion is submitted. '
f. An additional application fee shall be paid when a request for a substantial modification
to an existing construction permit is submitted by an operator. The fee shall be for the
same purpose and paid in the same manner as stated above.
2. AFTER-THE-FACT PERMIT FEES
a. An additional fee will be charged for all after-the-fact permit applications to partially
recover the cost of obtaining compliance.
3. REFUNDS
a. If a construction permit application is submitted and subsequently withdrawn before
any review actually begins, the application fee shall be refunded.
b. No portion of the application fee shall be refunded after actual review of the application
begins.
C. ENFORCEMENT & APPEALS
1. PROCEDURES
a. The Code Administrator may institute any action or proceeding against violators of this
chapter as provided by law or this chapter, including issuing citations pursuant to St.
Croix County Code of Ordinances Chapter 1 Citation Ordinance or commencing a
lawsuit seeking forfeitures and/or injunctive relief.
b. In general, the Code Administrator shall use the following, in the order listed, to
address violations of this chapter:
1) Issue a notice of violation and request that specified corrective action be taken.
2) Issue a citation.
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August 14, 2012 11.4 Administration & Enforcement
3) Request the Corporation Counsel Department to commence a lawsuit seeking
appropriate relief
c. The Code Administrator is not required to follow this order of possible action if, in the
Code Administrator's judgment, a situation requires different action.
2. PENALTIES
a. Any person, firm or corporation who is adjudicated for violating this chapter shall pay a
forfeiture of not less than $10 per violation nor more than $1,000 per violation and/or
be subject to injunctive relief. Each day a violation exists is a separate violation.
b. Additionally, the person, firm or corporation adjudicated for violation of this chapter
shall pay court costs and reasonable attorney's fees.
3. APPEALS
a. Decisions made by the Code Administrator are administrative decisions. All
administrative decisions shall be in writing,
b. Any person, company, partnership, corporation or government unit aggrieved by an
administrative decision (aggrieved person) made by the Code Administrator, or his/her
designee, may appeal the decision to the Board of Adjustment.
4. PROCEDURE FOR APPEAL
a. An aggrieved person who wishes to appeal an administrative decision to the Board of
Adjustment shall commence the appeal within 30 days of the date of the administrative
decision.
b. An appeal of an administrative decision shall be commenced on a form provided by the
Community Development Department and shall be filed with the Community
Development Department.
c. The Community Development Department will prepare notices and schedule the appeal
with the Board of Adjustment.
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11.5 Definitions August 14, 2012
11.5 DEFINITIONS
A. PURPOSE
1. INTERPRETATION
a. For purposes of this chapter, the terms or words used herein shall be interpreted as
follows:
1) Words used in the present tense include the future: in the singular include the
plural and in the plural include the singular.
2) The word "shall" is mandatory, not permissive.
3) All distances, unless otherwise specified shall be measured horizontally.
4) All definitions that refer to Wisconsin Statutes shall incorporate any revisions or
amendments to statutory language.
5) All definitions, other than those referenced below, are found in the Wisconsin
Statute ch. 281, Wisconsin Administrative Code Chs. ATCP 50 and 51, NR 151,
or, if not there, a standard dictionary.
B. DEFINITIONS
1. Animal Waste: Manure, milking center waste and other organic waste generated by livestock,
farm animals, or any number combination of animal units or portion thereof. It includes
animal bedding, water, soil, hair, feathers and other debris that becomes intermingled with
animal excreta in normal waste handling operations.
2. Animal Waste Storage Facility: One or more animal waste storage structures used for
temporary storage of animal waste or other organic waste, including stationary equipment and
piping used to load and unload an animal waste storage structure if the equipment is
specifically designed for that purpose and is an integral part of the facility. It does not include:
equipment used to apply animal waste to land or animal waste that is confined within an
animal housing structure.
3. Animal Waste Storage Structure: A waste storage impoundment made by constructing
embankments, excavating a pit or dugout, or fabricating a structure. It does not include
equipment used to apply waste to land. For purposes of §§ATCP 51.12 (2) (setbacks) and
51.14 (odor), does not include any of the following:
a. A structure used to collect and store animal waste under a livestock structure (housing
facility).
b. A waste digester consisting of a sealed structure in which animal waste is subjected to
managed biological decomposition.
4. Applicant: Any person who applies for a permit under this chapter.
5. ATCP 50: State of Wisconsin Administrative Code that identifies conservation practices that
agricultural producers must follow to meet state performance standards.
6. Bedrock: The solid rock that underlies the soil and other unconsolidated material or that is
exposed at the surface.
7. Best Management Practices (BMP's): Practices and industry standards designed to
minimize environmental damage.
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August 14, 2012 11.5 Definitions
8. Board of Adjustment: St. Croix County Board of Adjustment.
9. Conservation Practice: A facility or practice that is designated to prevent or reduce soil
erosion, prevent or reduce non-point pollution, or achieve or maintain compliance with soil and
water conservation standards; it includes a nutrient management plan.
10. Construction Permit: A written document issued by the Code Administrator authorizing
design, location, construction, enlargement and/or reconstruction of an animal waste storage
facility or part thereof.
11. Groundwater: Any of the waters of the state, as defined in Wisconsin Statutes § 281.01(18),
occurring in a saturated subsurface geological formation of rock or soil.
12. Karst Feature: An area or surficial geologic feature subject to bedrock dissolution so that it is
likely to provide a conduit to groundwater, and may include caves, enlarged fractures, mine
features, exposed bedrock surfaces, sinkholes, springs, seeps or swallets.
13. NR 151: State of Wisconsin Administrative Code that establishes state performance standards
and prohibitions that control polluted runoff from agricultural lands.
14. Nutrient Management Plan: A document that determines the application of animal waste on
suitable land in a manner which will achieve compliance with livestock performance standards
and prohibitions established in Wisconsin Administrative Code Chs. NR151 and ATCP 50,
NRCS Conservation Practice Standard Code 590, and meets other designated water quality
objectives.
15. Nutrient Management Planner: A person who is certified with one of the following
qualifications: NAICC-CPCC, ASA-CCA, ASA-Professional Agronomist, SSSA-Soil
Scientist, DATCP approved training course or other credentials approved by DATCP.
16. Operation Permit: A written document issued by the Code Administrator authorizing
operation, closure or use conversion of an animal waste storage facility or part thereof.
17. Ordinary High Water Mark (OHWM): The point on the bank or shore up to which the
presence and action of surface water is so continuous as to leave a distinctive mark such as by
erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation
or other easily recognized characteristics.
18. Person: An individual or group of individuals, firm, corporation, partnership, association,
municipality or state agency.
19. Pollution: Contaminating or rendering unclean or impure the land and/or waters of the state or
making the same injurious to public health, harmful for commercial or recreation use or
deleterious to fish, bird, animal or plant life.
20. Plan Revision: A modification to an approved application where a valid permit is in effect.
21. Professional Engineer: One who is trained, registered and professionally engaged in a
specific branch of engineering pursuant to Wisconsin Statutes §443.04.
22. Setback: The minimum horizontal distance between a structure and the OHWM, bluffline,
side and rear lot lines and road.
23. Structure: Any human-made object with form, shape and utility, that is constructed or
otherwise erected, attached to or permanently or temporarily attached to or placed either upon
the ground, riverbed, streambed or lakebed or upon another structure. Structure includes
St. Croix County Animal Waste Storage Facilities 11-15
11.5 Definitions August 14, 2012
swimming pool, hot tub, patio, deck and retaining wall, but does not include landscaping or
earthwork such as graded area, filled area, ditch, berm or earthen terrace. Structure does not
include small objects that are easily moved by hand, such as lawn chair, portable grill, portable
picnic table, bird feeder, birdhouse and birdbath.
24. Waters of the State: Those portions of Lake Michigan and Lake Superior within the
boundaries of Wisconsin, all lakes, bays, rivers, streams, springs, ponds, wells, impounding
reservoirs, marshes, water courses, drainage systems and other surface water or groundwater,
natural or artificial, public or private within the state or under its jurisdiction, except those
waters which are entirely confined and retained completely upon the property of a person.
25. Well: An excavation opening in the ground made by digging, boring, drilling, driving or other
methods, to obtain groundwater regardless of its intended use.
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August 7, 2012 11.6Index
11.6 INDEX
Term Page(s)
A
C
D
E
F
H
I
M
N
O
P
R
S
T
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