HomeMy WebLinkAboutOrdinance 1985 (130) ANIMAL WASTE MANAGEMENT ORDINANCE
Ordinance
The St. Croix County Board of Supervisors,' under authority
granted by Sections 59.07(51) and 92.16 of the Wisconsin
Statutes, does ordain as follows:
SECTION 1. Name. This ordinance shall be known as the "St.
Croix County Animal Waste Management Ordinance" and is
hereinafter referred to as the "ordinance" .
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SECTION 2. Intent. (a) The St. Croix County Board of
Supervisors finds that 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, `
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may cause pollution of the surface and ground waters of St. Croix
County. The Board of Supervisors further finds that such
pollution endangers the health and welfare of county residents,
animals and plants, and the economy of St. Croix County. The f
Board of Supervisors further finds that the technical standards p
developed by the United States Department of Agriculture's Soil
Conservation Service, adopted by the St. Croix County Land
Conservation Committee, provide effective, practical and
environmentally safe methods of storing and utilizing animal ,
waste.
(b) The Board of Supervisors declares it to be the
policy of this county to regulate the location, design ,
construction, installation, alteration, and utilization of animal
waste storage faciliies, and the use and application of waste
from these facilities, in order to prevent the pollution of its
surface and groundwaters and thereby protect the health and
welfare of county residents, animals and plants, and the economy.
(c) It is the intent of the Board of Supervisors to
implement its policy by enacting this ordinance.
SECTION 3. Geographical Area. This ordinance applies to.
the entire geographical area of St. Croix County.
SECTION 4. Interpretation. In interpretation and
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application, the provisions of this ordinance shall be held to be
minimum requirements and shall be liberally construed in favor of
St. Croix County and shall not be deemed a limitation or repeal
of any power granted by the Wisconsin Statutes.
SECTION 5. Severability. Should any portion of this
ordinance be declared invalid or unconstitutional for any reason
by a court of competent jurisdiction, the remainder o•f this
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ordinance shall not be affected.
SECTION 6. Effective Date. This ordinance shall become
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effective upon its adoption by the St. Croix County Board of
Supervisors and its proper publication.
SECTION 7. Definitions. In this ordinance:
(a) "Animal waste" means livestock excreta and other
materials such as bedding, rain or other water, soil, feathers
and other debris normally included in animal waste handling
operations. _ r
(b) "Animal waste storage facility" means a concrete, ;
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steel or as otherwise fabricated structure, or an excavated
earthen impoundment ter_=fie used for temporary storage of animal
waste or other organic waste.
(c) "Applicant" means any person who applies for a
permit under this ordinance.
(d) "Earthen animal waste storage facility" means a j
facility constructed of earth, dikes, pits or ponds used for
temporary storage of animal waste.
(e) "Permit" means the signed, written statement
issued by the Zoning Administrator, upon approval of the Land
Conservation Committee or its agent, for design and location of
the animal waste facility.
(f) "Permittee" means any person to whom a permit is
issued under this ordinance.
(g) "Person" means any individual , corporation ,
partnership, joint venture, agency, unincorporated association,
municipal corporation, county, or state agency within Wisconsin,
the federal government, or any combination thereof.
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(h) "Technical Guide" means the U.S.D.A. Soil
Conservation Service Technical Guide as adopted by the St. Croix
County Land Conservation Committee,
(i) "Water Pollution" means contaminating or rendering
unclean or impure the ground or surface waters of the county, or
making the same injurious to public health , harmful for
commercial or recreational use or deleterious to fish, bird or
plant life.
SECTION 8. Applicability. Any person who constructs,
installs, reconstructs, enlarges or substantially alters an
animal waste storage facility in St. Croix County, or who has
another person do the same, shall be subject to the provisions of
this ordinance.
SECTION 9. General Requirements. (a) No person may
undertake an activity subject to this ordinance without first
obtaining a permit from the county Zoning Administrator.
(b) Emergency repairs, such as repairing or replacing
a broken pipe or leaking dike, or removing stoppages, may be
performed without obtaining a permit. If repair substantially
alters the original design or construction of the facility, a
report shall be made within 24 hours of such repair, to the County
Zoning Administrator, who shall forward said report to the Land
Conservation Committee staff designee for a determination as to
whether a permit will be required for said alterations.
(c) The standards for design and construction of
animal waste storage facilities are those found in Standards 313
and 425 of the U.S.D.A. Soil Conservation Service Technical
Guide.
(d) The standards for management of animal waste
facilities and utilization of animal waste ate those found in
Standard 633 of the U.S.D.A. Soil Conservation Service Technical
Guide,
SECTION 10. Permit Fee. The fee for a permit shall be
$125.00, which is non—refundable.
SECTION 11. Procedure for Obtaining Permit. (a) The
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following provisions set forth the procedure to obtain a permit:
(1) The applicant shall submit an application for
a permit, a facility plan and the permit fee to the county Zoning
Administrator.
(2) The county Zoning Administrator shall forward
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the facility plan to the Land Conservation Committee staff
designee for review and approval or denial.
(3) Within 15 days of receipt of the application,
facility plan and fee, excluding Saturdays, Sundays and holidays,
the county Zoning Administrator shall inform the applicant in
writing whether the application is approved or denied. If
approved, a permit will be issued by the county Zoning
Administrator.
(4) If additional information is required, the
county Zoning Administrator will notify the applicant. A
decision on the application shall be made within 10 days of the
receipt of the additional information, excluding Saturdays,
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Sundays, and holidays, k
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(5) If the county Zoning Administrator fails to
notify the applicant of approval or denial of the application
within the time limits specified above, the application shall be
deemed approved and the applicant may proceed as if a permit had
been issued.
(6) The facility plan must contain the following
a. A scale drawing of the proposed facility
and the location of buildings within 250 feet, wells within 300
feet, and homes within 500 feet of the proposed facility. The
drawing shall also show the scale and show the direction north.
b. The structural details , including
dimensions, cross sections, and concrete thickness.
e. The soil test pit locations and soil
de+_`criptions to a depth of three (3) feet below the proposed
bottom of the facility, and five (5) feet below the proposed
bottom of the facility if located within 250 feet of a well.
d. The elevation of groundwater or bedrock
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if encountered in soil profile and the date of such
determinations,
e. The number and kinds of animals for which
storage is provided.
f. Provisions for adequate drainage and
control of run—off of surface, and groundwater. Streams, lakes,
or ponds within 500 feet shall be noted.
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g. Time schedule for construction of the
facility. (Permits are good for two years.)
h. A description of the method used in
transferring the waste from the facility.
i. Plans for utilization of the animal
waste, amount of land available for application, identification
of the areas to be used, soil types, and any limitations (water,
slope of land, bedrock, sinkholes, etc.),
j. Short term storage,
7. Prior to starting any construction after a
permit has been issued, the permittee shall give 2 days notice to
the county Zoning Administrator, excluding Saturdays, Sundays,
and. holidays.
8. Approval in writing must be obtained prior to
any modifications to the approved plans.
9, When construction is complete the permittee
and the contractor shall certify in writing that the facility was
constructed as designed. Construction authorized by permit shall
be completed within 2 years from the date of issuance, after
which the permit shall be null and void.
SECTION 12. Permit Revocation. The Zoning Administrator may
revoke any permit issued under this ordinance if the holder has
misrepresented any material fact in the permit application or
animal waste facility plan or if the holder of the permit
violates any of the conditions of the permit.
SECTION 13, Delegation of Authority. St. Croix County
hereby designates the Zoning Administrator to administer and
enforce this ordinance. The Zoning Administrator shall seek the
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advice of the St. Croix County Land Conservation Committee and
its staff in the administration and enforcement of this
ordinance.
SECTION 14. Administrative duties. In the administration
and enforcement of this ordinance, the Zoning Administrator
shall:
( a) Keep an accurate record of all permit
applications, animal waste facility plans, permits issued,
inspections made and other official actions.
(b) Review permit applications and issue permits in
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accordance with Section 11 of this ordinance.
(c) Inspect construction .
(d) Investigate complaints relating to compliance of
the ordinance.
(e) Perform other duties as specified in the
ordinance.
SECTION 15. Inspection Authority. The Zoning Administrator
or Land Conservation Committee staff are authorized to enter upon
any lands affected by this ordinance to inspect the land prior to
or after permit issuance to determine compliance with this
ordinance. If permission cannot be received from the applicant
or permittee, entry by the above persons shall be according to
Section 66.122 and 66.123 of the Wisconsin Statutes.
SECTION 16 . Enforcement Authority. The Zoning
Administrator or Land Conservation Committee staff is authorized
to post an order stopping work upon land which has had a permit
revoked or on land currently undergoing activity in violation of
this ordinance. Notice is given both by posting upon the land
where the violation occurs one or more posters stating the
violation and by mailing a copy of the order by certified mail to
the person whose activity is in violation of this ordinance. The
order shall specify that the activity shall cease or be brought
into compliance within 10 days. The Zoning Adminstrator and Land
Conservation Committee staff is authorized to refer any violation
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of this ordinance to the District Attorney for commencement of
legal action.
SECTION 17. Penalties. (a) Any person who violates,
neglects, or refuses to comply with or resists the enforcement of
any of the provisions of this ordinance shall be subject to a
forfeiture of not less than $ 100.00 nor more than $500.00 plus
costs of prosecution for each violation. - An unlawful violation
includes failure to comply with any standard of this ordinance,
or with any condition or qualification attached to the permit.
Each day that a violation exists shall be a separate offense.
(b) As a substitute for or in addition to the
forfeiture action, St. Croix County may seek enforcement of any
part of this ordinance by court action ,seeking a restraining
order or injunction.
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SECTION 18. Appeals. (a) Under authority of Chapter 68 of
the Wisconsin Statutes, the St. Croix County Hoard of
Adjustments, created under Section 59.99 of the Wisconsin
Statutes, and under Section 9,8 of the St. Croix County Zoning
Ordinance, shall act as the appeal authority pursuant to Section.
59.99(7)(a) of the Wisconsin Statutes.
(b) The rules, procedures, duties and powers of the
Board of Adjustments and Chapter 68 of the Wisconsin Statutes
shall apply to this ordinance.
(c) Appeals may be taken by any person having a
substantial interest which is adversely affected by the order,
requirement, decision or determination made by the Zoning pp
Administrator. E
Dated this 10� —_day of __—__— _
1985 .
LAND CONSERVATION COMMITTEE
Negative Affirmative
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COMPREHENSIVE PLANNING, ZONING
AND PARKS COMMITTEE _
cgative Affirmative
Benjamin George =t1t1'U=r
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Arthur Bestest
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Vernon KellyeKelly
Richard Peterson carPeterson
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Thomas Dorsey Tom Dorsey
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