(1)

Authority. This ordinance is adopted under authority granted by Wis. Stats. ch. 59 and 92.

(2)

Title. This section shall be known as the Portage County Animal Manure Storage And Nutrient Management Standards and is hereinafter referred to as the ordinance.

(3)

Findings and Declaration Of Policy. The Portage County Board of Supervisors finds that storage of animal manure in storage facilities not meeting technical design and construction standards may cause pollution of the surface and groundwater of Portage County, and may result in actual or potential harm to the health of County residents, livestock, aquatic life, and other plants and animals, and to the property tax base of Portage County.

The Portage County Board of Supervisors also finds that improper management of animal manure storage facilities and utilization, including land application, of stored animal manure and other nutrients may cause pollution of ground and surface waters of Portage County.

The Portage County Board of Supervisors further finds that the technical standards developed by the United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) and adopted by the Portage County Land and Water Conservation Committee (LWCC) provide for effective, practical, and environmentally safe methods of storing and utilizing animal manure and land application of nutrients.

(d)

Purpose. The purpose of this section is to regulate the location, design, construction, installation, alteration, and use of animal manure storage facilities, and the application of manure and nutrients. Portage County intends that such regulation will prevent water pollution and the spread of disease, and thereby promote the health, prosperity, and general welfare of the citizens of Portage County. Portage County also intends by this section to provide means for its administration and enforcement.

(e)

Applicability. This section shall apply to animal manure storage facilities and nutrient applications throughout Portage County.

(f)

Interpretation. In their interpretation and application, the provisions of this section shall be held to be minimum requirements and shall be liberally construed in favor of Portage County, and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin State Statutes.

(g)

Severability Clause. If any portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this section shall not be affected thereby.