The purpose of the dairy operation standards overlayed district is to provide the regulatory standards and identify procedures and management practices, which the proponents must implement to provide pollution protection for surface and groundwater resources. The dairy standards apply to dairies that are opened or expanded in Madera County on or after October 28, 2008.

(Ord. No. 525LL, § 1, 10-27-08)

"Dairy" means a facility for the extraction and processing of milk from cattle or goats.

"Dairy standards" are the standards for implementing the dairy element. The dairy standards are Appendix D to the environmental impact report prepared for the dairy element and the standards are available on request from the resource management agency of Madera County.

(Ord. No. 525LL, § 1, 10-27-08)

A.

Land Use Regulations.

1.

Permitted Uses. Permitted uses are those that are permitted by right in the underlying zone district.

2.

Uses Requiring Conditional Use Permit. In addition to the uses conditionally permitted in the underlying zone district, dairies are permitted in the ARE zone districts subject to the issuance of a conditional use permit that complies with the requirements of this chapter and Chapter 18.92.

(Ord. No. 525LL, § 1, 10-27-08)

A.

All new and expanded dairies must obtain a conditional use permit in compliance with Madera County Code Chapter 18.92. In addition to meeting the requirements of Chapter 18.92, the applicant is subject to all requirements of this chapter and with the dairy standards.

B.

Study Submittals.

1.

All new and expanded dairies must submit the studies required by the standards. These studies include:

a.

Drainage study;

b.

Stormwater management plan (SWMP);

c.

Geotechnical report;

d.

Groundwater evaluation;

e.

Soils evaluation;

f.

Hydrogeologic sensitivity assessment (HSA);

g.

Comprehensive nutrient management plan (CNMP);

h.

Comprehensive dairy process water application plan (CDPWAP);

i.

Odor management plan;

j.

Irrigation management plan;

k.

Hazardous management plan;

l.

Pest and vector management plan;

m.

Dead animal management plan;

n.

Biological resources survey;

o.

Cultural resources evaluation by the California Historic Resources Information System;

p.

Traffic impact study;

q.

Fugitive dust emissions control plan; and

r.

Light, glare and noise assessment.

2.

At time of application, dairy operators shall also submit a preliminary monitoring and reporting plan as required by this chapter and outlined in the dairy standards.

3.

Submitted studies, reports and plans shall be prepared by qualified individuals (i.e. registered engineer in the state of California), or persons certified pursuant to the California Dairy Quality Assurance Program (CDQA).

C.

Each new or expanded dairy shall, in addition to the listed studies, plans and reports, apply for and obtain a Madera County conditional use permit and pay all applicable fees.

(Ord. No. 525LL, § 1, 10-27-08)

A.

A preliminary monitoring and reporting plan shall be submitted at the time of application to the county.

1.

The preliminary monitoring and reporting plan shall be prepared by a California professional engineer or certified hydrologist.

2.

The plan shall include regular and timely maintenance to address and correct any deficiencies noted during any inspections. Criteria are stipulated in the standards.

3.

Monitoring of surface water and groundwater quality must be consistent with the requirements established by the regional water quality control board.

(Ord. No. 525LL, § 1, 10-27-08)

A.

The requirements of this chapter shall be enforced through the enforcement mechanisms for conditional use permits.

B.

Any instance of noncompliance with the dairy standards constitutes a nuisance and enforcement may be through the administrative proceedings in Title 8 of the Madera County Code or by civil or criminal proceedings.

(Ord. No. 525LL, § 1, 10-27-08)