(1)

Permit Required. No person may undertake an activity described in section 7.10.3(1) without a permit from the Portage County LWCD. Criteria for issuance of a permit are set forth in LWCD policy and must be met prior to issuance of any permit.

(2)

Exception to Permit Requirements. Emergency repairs such as repairing broken pipe or equipment, leaking dikes, the removal of stoppages, or ordinary and required maintenance, may be performed without a permit. If repairs will significantly alter the original design and construction of the facility, a report shall be made to the Portage County LWCD within one work day of the emergency for a determination by the Portage County LWCD on whether a permit will be required for any additional alteration or repair of the facility. The Portage County LWCD determination shall be rendered within two work days of the reporting.

(3)

Fee. The permit fee shall be set by the Land and Water Conservation Committee.

(4)

Animal Manure Storage Facility Plan Required. Each application for a permit under this section shall include an animal manure storage facility plan. Technical assistance for plan development shall be made available to applicants upon request through the Portage County LWCD or the District Conservationist of the NRCS. The plan components shall be consistent with the information on the permit application necessary to determine if it meets the Portage County Technical Guide specifications as described in established LWCD information policy.

(5)

Review of Application. The LWCD shall determine if the proposed facility meets required standards set forth in this section. Within 30 work days after receiving the completed application and fee, the LWCD shall inform the applicant in writing whether the permit application is approved or disapproved. If additional information is required, the LWCD shall so notify the permit applicant. The LWCD has 30 work days from the receipt of the additional information in which to approve or disapprove the application. If the LWCD fails to approve or disapprove the permit application in writing within 30 work days of the receipt of the permit application or additional information, as appropriate, the application shall be deemed approved and the applicant may proceed as if a permit had been issued. All plans for animal manure storage facilities shall be reviewed and approved by the LWCD. Plans bearing a registered professional engineer seal and certified as meeting the applicable technical standards may be approved by the LWCD within minimum review.

(6)

Permit Conditions. All permits issued under this section shall be issued subject to the following conditions and requirements.

(a)

Animal manure storage facilities - design, installation, construction, management, and utilization activities as required under the terms of this section.

(b)

The permittee shall give two work days notice to the LWCD before starting any construction activities authorized by the permit.

(c)

Approval in writing must be obtained from the LWCD prior to any modifications to the approved animal manure facility plan.

(d)

The certification of installation must be provided by an agricultural or civil engineer registered in the State of Wisconsin or a Department of Agriculture, Trade and Consumer Protection engineering practitioner or NRCS engineering practitioner.

(e)

The permittee shall certify in writing that the facility was installed as planned.

Activities authorized by permit must be completed within one year from the date of issuance after which such permit shall be void. However, a one year extension may be granted by the LWCD.

(7)

Permit Revocation. The Portage County LWCD may revoke any permit issued under this section if the holder of the permit has misrepresented any material fact in the permit application or animal manure facility plan, or if the holder of the permit violates any of the conditions of the permit.