(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.

(1)

Animal manure means livestock excreta, milk house/parlor effluent and other materials such as bedding, rain or other water, soil, hair, feathers, and other debris normally included in animal manure handling operations.

(2)

Animal manure storage facility means a concrete, steel, or otherwise fabricated structure, or an excavated or earthen impoundment using earth dikes, pits or ponds for temporary storage of animal manure or other organic materials.

(3)

Applicant means any person who applies for a permit under this section.

(4)

Nutrient management means managing the amount, source, placement, form and timing of the application of nutrients and soil amendments.

(5)

Organic amendment means any material applied to soil to improve crop yield or quality, including but not limited to: manure, sewage sludge, septage, whey and papermill byproducts.

(6)

Permit means the signed, written statement issued by the Portage County Planning and Zoning Department, Land and Water Conservation Division (LWCD) authorizing the applicant to construct, install, reconstruct, enlarge, or substantially alter an animal manure storage facility, and to use or dispose of manure from the facility.

(7)

Permittee means any person to whom a permit is issued under this section.

(8)

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.

(9)

Technical guide means the USDA NRCS Technical Guide as adopted by the Portage County Land and Water Conservation Committee on September 8, 1977. The said guide is on file at the Portage County LWCD. Any future amendments to said guide are incorporated into this section without further action except for Code 313 where the January 2014 version will continue to be applied.

(10)

Transfer mechanism means any components such as conduits, pumps, valves, reception tanks, and other devices to transfer animal manure from buildings and yards to a storage and/or loading area for final disposal.

(11)

Water pollution means contaminating or rendering unclean or impure the ground or surface waters of the State, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal, or plant life.

(12)

Work day shall mean Monday through Friday, except for holidays.

(1)

General Requirements.

(a)

Any person who uses, constructs, installs, reconstructs, replaces the liner, enlarges, or substantially alters an animal manure storage facility or transfer mechanism, or who employs or is employed by another person to do the same, on land subject to this section, shall be subject to the provisions of this section.

(b)

The Portage County LWCD may require upgrading, replacement or closure, in accordance with this section, of any storage facility that poses an imminent threat to public health, aquatic life or is causing a violation of water quality standards.

(2)

State Of Wisconsin Requirements.

(a)

Manure, commercial fertilizer and other nutrients shall be applied in conformance with a nutrient management plan using the schedule stated in Wis. Admin. Code, Section NR 151.07(4) and the compliance requirements stated in Wis. Admin. Code Section NR 151.09(3).

(3)

Compliance With Permit Requirements. A person is in compliance with this section if he or she follows the procedure of this section, receives a permit from the Portage County Land and Water Conservation Division (LWCD) of the Planning and Zoning Department before beginning activities requiring permits and complies with the standards of the Ordinance.

(1)

Standards for Animal Manure Storage Facilities.

(a)

The standards for design, management and construction of animal manure storage facilities and transfer systems are those in standards and specifications number 313, 634 and 719 of the technical guide.

(b)

The standard for closure of an animal manure storage facility are those set forth in "Closure of Waste Impoundments", number 360 of the technical guide.

(2)

Standards for Management and Utilization of Animal Manure and Other Nutrients.

(a)

The standards for management and utilization of animal manure and other nutrients are those in standards 590 of the technical guide.

(b)

Nitrogen fertilizer rates shall not exceed recommended rates using the UW-Extension "Nitrogen Source and $ Rate of Return Calculator", unless approved by Portage County LWCD. The Portage County LWCD will initially seek compliance with this section by educating the nutrient management plan writer, operator responsible for plan implementation and landowner (if not operator) on the standards contained in this section.

(c)

Organic Amendments shall not be allowed to run off areas of concentration or off a field site during or after application.

(d)

a.

Manure irrigation practices are not allowed unless the following conditions are implemented:

1.

Five hundred foot setback from wetted perimeter to dwelling or occupied building

2.

Two hundred fifty foot setback from wetted perimeter to dwelling or occupied building if wind direction is parallel to or away from building and manure has been treated to reduce pathogens

3.

No setback required with permission granted by dwelling or building occupant

4.

Night-time applications are not allowed unless manure has been treated to reduce pathogens

5.

Applications are not allowed if wind speed is greater than 15 mph

(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.

(1)

Delegation of Authority. Portage County hereby designates the LWCD to administer and enforce this section.

(2)

Administrative Duties. In the administration and enforcement of this section, the Portage County LWCD will:

(a)

Keep an accurate record of all permit applications, animal manure facility plans, permits issued, inspections made, and other official actions.

(b)

Review permit applications and issue permits in accordance with this section.

(c)

Inspect any animal manure facility during construction or installation to insure the facility is being constructed according to plan specifications.

(d)

Inspect any animal manure facility to document if it poses an imminent threat to public health or fish and aquatic life or is causing a violation of groundwater standards.

(e)

Investigate complaints relating to compliance with the section.

(f)

Perform other duties as specified in this section.

(3)

Inspection Authority. The Portage County LWCD is authorized to enter upon any lands affected by this section to inspect the land prior to or after permit issuance to determine compliance with this section. If permission cannot be received from the landowner, entry by the Portage County LWCD and LWCC shall be according to Wis. Stats. § 92.07(14).

(4)

Enforcement Authority. The LWCD is authorized to post an order stopping use of a storage facility or work upon land which has had a permit revoked or as to land on which an activity is taking place in violation of this section. Notice is given by posting upon the land where the violation occurs one or more copies of a poster stating violation, by mailing a copy of the order by certified mail to the person whose activity is in violation of this section, or by personally serving said person. The order shall specify that the activity must cease or be brought into compliance. Any permit revocation or order stopping work shall remain in effect unless retracted by the Portage County LWCD or by a court of general jurisdiction. The LWCD is authorized to refer any violation of this section or of an order stopping work issued pursuant to this section to the District Attorney for commencement of further legal proceedings.

(1)

Penalties. Any person who violates, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this section shall be subject to a forfeiture of not less than $100.00 or more than $1,000.00 plus costs of prosecution for each violation. An unlawful violation includes failure to comply with any standard of this section or with any condition or qualification attached to the permit. Each day that a violation exists shall be a separate offense.

(2)

Enforcement by Injuction. As a substitute for or in addition to forfeiture actions, Portage County may seek enforcement of any part of this section by court actions seeking injunctions or restraining orders.

(1)

Authority. Under Wis. Stats. ch. 68, the Portage County LWCD is designated to act in accord with Wis. Stats. § 68.09(2), to review initial determinations as to the grant or denial, revocation or conditions imposed as regarding any permits under this section which are deemed to be reviewable in accord with Wis. Stats. § 68.02.

(2)

Procedure. Persons alleged to have been aggrieved by an initial determination made under this section shall follow the procedure, both as to time and other requirements, of Wis. Stats. ch. 68. The Portage County LWCC is designated as the body under Wis. Stats. § 68.11(2), to handle the appeal of an initial determination under this section.

(3)

Who May Appeal. For the purpose of this section, "Persons" shall be defined in accord with Wis. Stats. § 68.06, and only those who qualify under Wis. Stats. § 68.01, may seek review of a determination.

The provisions of this section shall be enforced under the direction of the Portage County Board of Supervisors, its Land and Water Conservation Committee and the County Conservationist. Any person, firm, corporation, company, agent, contractor or subcontractor who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this section, including any failure to obtain an animal waste storage facility permit under section 7.10.7, shall be subject to a forfeiture of not less than $100.00, together with court and other costs of the action. Default of such payment shall result in imprisonment in the county jail for a period of up to six months or until such costs are paid. Each day of violation shall, as a matter of law, be deemed a separate offense. Compliance and the provisions of this section may be enforced by injunctional order at the suit of the County. Citations may be issued for failure to comply with any provision of this section in ordinance in order to collect forfeitures pursuant to Wis. Stats. ch. 66, and section 5.1.

(Ord. of 6-17-1986; Ord. of 12-20-2005; Res. No. 193-2004-2006, 3-21-2006; Res. No. 144-2014-2016, 7-21-2015; Res. No. 117-2016-2018, 4-18-2017; Res. No. 212-2016-2018, 12-19-2017)