SHAWANO COUNTY LIVESTOCK WASTE MANAGEMENT ORDINANCE Ordinance No. 3-06

Transcription

1 SHAWANO COUNTY LIVESTOCK WASTE MANAGEMENT ORDINANCE Ordinance No Adopted: October 25, 2006 Published: October 27, 2006 Amended: July 23, 2008 Published: July 28, 2008 Amended: August 28, 2013 Published: September 4, 2013 Amended: March 26, 2014 Published: March 29, 2014 Amended: October 28, 2015 Published: October 31, 2015 Comprehensive Revision: March 28, 2018 Published: March 31,

2 Contents Section 1. GENERAL PROVISIONS... 4 (1) Authority... 4 (2) Title... 4 (3) Declaration of Policy... 4 (4) Jurisdiction... 4 (5) Interpretation... 4 (6) Abrogation and Greater Restrictions... 5 (7) Severability... 5 (8) Effective Date... 5 Section 2. DEFINITIONS... 5 Section 3. ACTIVITIES SUBJECT TO REGULATION... 9 (1) Permit Requirements... 9 (2) Performance Standards and Prohibitions... 9 Section 4. SETBACK REQUIREMENTS... 9 (1) Table 1 Setbacks for New and Substantially Altered Waste Storage Facilities... 9 Section 5. APPLICATION FOR AND ISSUANCE OF PERMITS (1) New or Substantial Alteration (2) Waste Storage Facility Closure (3) Review of the Application (4) Exception to Permit Requirements (5) Expiration (6) Fee (7) Permit Approval Conditions (8) Permit Revocation (9) Treatment of Previously Issued Permits Section 6. PERFORMANCE STANDARDS AND PROHIBITIONS (1) Waste (Manure) Storage Facilities (See NR and NR ) (2) Livestock Management (See NR and NR )

3 (3) Implementation and Enforcement Procedures for Performance Standards and Prohibitions Section 7. TECHNICAL STANDARDS Section 8. ADMINISTRATION AND ENFORCEMENT (1) Administrative Duties (2) Inspection Authority (3) Enforcement Authority (4) Abatement Order Authority (5) Citation Authority (6) Referral Authority (7) Other Lawful Remedies (8) Requesting Review of Administrative Decision Section 9. VIOLATIONS AND PENALTIES Section 10. APPEALS AND VARIANCES (1) Appeals of Land Conservation Committee Decisions (2) Variance Procedure

4 Section 1. GENERAL PROVISIONS (1) Authority The Shawano County Livestock Waste Management Ordinance is adopted under the authority outlined in Wisconsin State Statutes, Sections 59.02, 59.03, (20), 92.10, 92.15, 92.16, and (3) and chs. ATCP 50 and NR 151, Wis. Admin. Code. (2) Title This ordinance shall be known as, referred to, and may be cited as the Shawano County Livestock Waste Management Ordinance and is hereinafter known as the Ordinance. (3) Declaration of Policy Findings: 1. The Shawano County Board of Supervisors recognizes the importance of quality ground and surface water resources and the need to maintain these resources for future generations. 2. The Board finds that improper management and utilization of livestock wastes can cause pollution of ground and surface waters and may result in potential or actual harm to public health, aquatic life, other animals and the economy of Shawano County. Purpose: 1. Protect and promote the safety, community welfare and esthetic quality of Shawano County. 2. Further the appropriate use and conservation of lands and water resources. 3. Regulate the location, construction, installation, alteration, design, operation, inspection, maintenance, closure and use waste storage facilities. 4. Ensure the proper application of livestock wastes from all storage facilities. 5. Prescribe performance standards and prohibitions related to livestock waste and other agricultural management. 6. Establish a procedure for obtaining permits for waste storage facilities. 7. Provide for the administration and enforcement of the Ordinance and to provide penalties for its violation. 8. Minimize conflicts between municipalities, rural non-farm dwellings and agricultural operations. 9. Protect agriculture s ability to grow and change. (4) Jurisdiction This ordinance is applicable to all territory located within those portions of the unincorporated areas of Shawano County. (5) Interpretation In its interpretation and application, the provisions of this ordinance shall held to be minimum requirements, and shall be liberally construed in favor of Shawano County, and shall not be deemed a limitation of repeal of any other power granted by Wisconsin Statutes. Unless a specific provision in this Ordinance seeks to apply requirements that are more stringent than state law, this Ordinance shall be interpreted to be consistent with chs. 92 and 281.6, Stats. and chs. ATCP 50 and NR 151, Wis. Admin. Code. 4

5 (6) Abrogation and Greater Restrictions This Ordinance is not intended to repeal, annul, abrogate, impair or interfere with any existing covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to law. However, wherever this Ordinance imposes greater restrictions, the provisions of this Ordinance shall govern. (7) Severability It is the legislative intent that should any provision of this ordinance be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of the ordinance in its entirety or any part thereof, other than that so declared to be invalid. (8) Effective Date This ordinance shall take effect upon passage and publication and shall remain in full force and effect as may be amended from time to time until repealed by the Shawano County Board of Supervisors. Adopted this 28 th day of March, 2018 by the Shawano County Board of Supervisors. Section 2. DEFINITIONS Applicant: Means any person who applies for a permit under this Ordinance. Best Management Practices (BMP): The most effective, practical measures and standards designed to control non-point sources of pollutants that runoff from land surfaces. Board of Adjustment: Means the Shawano County Board of Adjustment. Conservationist: Means the County Conservationist of the Land Conservation Department or his/her designee. Corporation Counsel: Means the Shawano County Corporation Counsel. DATCP: Means the Wisconsin Department of Agriculture, Trade and Consumer Protection. DNR: Means the Wisconsin Department of Natural Resources. Direct Runoff: Has the meaning in NR (7), Wis. Admin. Code. The criteria in s. NR (3), Wis. Admin. Code, will be used to predict or determine if a discharge is significant. Floodplain: Means the land which has been or may be hereafter covered by floodwater during the regional flood. The floodplain includes the floodway and the flood fringe as those terms are defined in ch. NR 116, Wis. Adm. Code. Grade, Finished: The final elevation of the ground level after development. Grade, Original: The elevation of the ground level in its natural state, before construction, filling or excavation. LCC or Committee: Means Shawano County Land Conservation Committee. LCD: Means Shawano County Land Conservation Department. Livestock: Domestic animals traditionally used in this state in the production of food, fiber or other animal products. Livestock includes cattle, swine, poultry, sheep and goats. Livestock does not include equine animals, bison, farm-raised deer, fish, captive game birds, ratites, camelids or mink. 5

6 Livestock Facility: An area that stables, confines, feeds, or maintains livestock for a total of 45 days or more in any 12 month period, and that area does not sustain crops, vegetation, forage growth, or post-harvested residues in the normal growing seasons. For the purposes of this ordinance: all buildings that stable, confine, feed or maintain livestock, feed storage areas, waste transfer systems and waste storage facilities associated with the operation are considered to be part of the Livestock Facility. For the purpose of developing a nutrient management plan, two or more livestock facilities whether under common ownership or not, are deemed to be a single livestock facility if they utilize a common area or storage and/or treatment system for disposal of wastes. For the purpose of determining setbacks, two or more livestock facilities under common ownership, farmed and/or managed by a common operator and within 500 feet of one another shall be considered as a single livestock facility. Livestock Waste or Manure: Means livestock excreta and the following when intermingled with excreta in normal farming operations: debris including bedding, water, soil, hair, and feathers; processing derivatives including separated sand, separated manure solids, precipitated manure sludges, supernatants, digested liquids, composted bio solids, and process water; and runoff collected from barnyards, animal lots, and feed storage areas. Livestock Waste Management Permit: Written permission issued by the Shawano County Land Conservation Department enabling the applicant(s) to construct, alter or close a waste storage facility according to the criteria set forth in this ordinance. Natural Resources Conservation Service (NRCS): An agency of the United States Department of Agriculture which, for purposes of this Ordinances, develops and maintains a technical guide with conservation practice standards and specifications, engineering manuals and handbooks, and other technical documentation related to manure storage facilities, nutrient management plans, and other technical matters covered by this Ordinance. Nutrient Management Plan: Means an annual written plan developed and implemented according to NRCS Conservation Practice Standard Code 590 to ensure the proper application of manure and other nutrients to any field, including pastures. Operator: An individual, firm, association, syndicate, partnership, or corporation responsible for controlling the functioning of a livestock facility and/or a waste storage facility. Overflow: Has the meaning given in s. NR (15e). Owner: An individual, firm, association, syndicate, partnership, or corporation having proprietary interest in a livestock facility and/or waste storage facility or the land on which located. Parcel: A separately designated area of land, delineated by identifiable legally recordable boundary lines. Pasture: Land with a permanent, uniform cover of grasses or legumes used as forage for livestock. Pastures do not include areas where supplemental forage feeding is provided on a regular basis. Permit: Means the signed, written statement issued under this Ordinance. Permittee: Means any person to whom a permit is issued under this Ordinance. Person: Means an individual, corporation, partnership, cooperative, limited liability company, trust or other legal entity. Process Wastewater: Has the meaning given in NR (16). 6

7 Property Line: The exterior boundary of an owners land holding. For the purposes of this ordinance, the road side of property is not considered a property line. Significant discharge: Means a discharge of process waste that is determined as significant in accordance with the criteria in s. NR (3), Wis. Admin. Code. Shoreland Zone: Lands within the following distances from the ordinary high water mark of navigable waters: 1,000 feet from a lake, pond or flowage; and 300 feet from a river or stream or to the land ward side of the floodplain, whichever distance is greater. Stop Work Order: Means an order to cease any activity in the operation of, or construction of an activity subject to regulation. Structure: Anything erected, constructed or installed that is supported by the ground. Substantially Altered: An alteration of a Waste Storage Facility that results in a relocation of a structure or facility or significant changes to the configuration of a structure or facility including but not limited to: 1) Replacement of a liner in a manure storage structure. 2) Any change to the depth or dimensions of an existing structure or facility. Technical Standards: Natural Resource Conservation Service (NRCS) conservation practice standards provide guidance for applying technology on the land and set the minimum level for acceptable application of the technology. They are contained in Section IV of the Field Office Technical Guide available at the USDA-NRCS WI website The following are the most common standards that apply to this ordinance; others may be applicable: Standard 313 Waste Storage Facility A waste storage impoundment, or containment made by constructing an embankment and/or excavating a pit or dugout, or by fabricating a structure to temporarily store manure, waste water and contaminated runoff in an environmentally safe manner. Standard 318 Short Term Storage of Animal Waste and By-Products Temporary, nonstructural measures used to store solid or semi-solid, organic agricultural waste or manure (stackable livestock and poultry manure, bedding, litter, spilled feed, or soil mixed with manure) on a short-term basis between collection and utilization. Standard 360 Waste Facility Closure - The decommissioning of facilities, and/or the rehabilitation of contaminated soil, in an environmentally safe manner, where agricultural waste has been handled, treated, and/or stored and is no longer used for the intended purpose. Standard 520 Pond Sealing or Lining Compacted Soil Treatment A liner for an impoundment constructed using compacted soil with or without soil amendments. Standard 521- Pond Sealing or Lining Geomembrane or Geosynthetic Clay Liner A liner for an impoundment constructed using a geomembrane or a geosynthetic clay material. Standard 522 Pond Sealing or Lining Concrete A liner for an impoundment constructed using reinforced or non-reinforced concrete. Standard 561 Heavy Use Area Protection Is used to stabilize a ground surface that is frequently and intensively used by people, animals or vehicles. Standard 590 Nutrient Management Managing the amount, form, placement, and timing of applications of plant nutrients (manure and organic byproducts, commercial fertilizer, 7

8 legume crops, and crop residues) to ensure normal crop production and minimize entry of nutrients to surface and ground water. Standard 634 Waste Transfer System - A system using structures, conduits or equipment to convey byproducts (wastes) from agricultural operations to points of usage. Standard 635 Vegetated Treatment Area An area of permanent vegetation used for agricultural wastewater treatment to improve water quality by reducing loading of nutrients, organics, pathogens and other contaminants associated with agricultural operations. Unconfined Manure Stacking: Means placing of manure in stacks that are unconfined without retaining capabilities. Variance: Means an authorization granted by the board of adjustment to construct or alter a building or structure in a manner that deviates from the dimensional standards of this ordinance. Waste Storage Facility: A facility constructed of earth dikes, pits or ponds, or of structural material such as wood, concrete, plastic or steel or a combination of structural materials for temporary storage and/or treatment of livestock waste. For the purposes of this ordinance: 1) The term temporary shall mean not to exceed thirteen (13) months. 2) If a collection area for livestock waste is more than a week of storage (volume) or if it impounds water and/or livestock waste and is not waste transfer it is considered a waste storage facility. 3) For the purposes of setbacks, waste storage facility does not include: a. A structure used to collect and store waste under a livestock housing facility. b. A manure digester consisting of a sealed structure in which manure is subjected to managed biological decomposition. Waste Transfer System: A system of reception hoppers, channels, structures or pipes used to temporarily store or convey manure or other wastes from animal production areas to Waste Storage Facilities, loading area or treatment area. 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. Water Quality Management Area or WQMA : Means any of the following: 1) The area within 1,000 feet from the ordinary high water mark of navigable waters that consist of a lake, pond or flowage, except that, for a navigable water that is a glacial pothole lake, the term means the area within 1,000 feet from the high water mark of the lake 2) The area within 300 feet from the ordinary high water mark of navigable waters that consist of a river or stream 3) A site that is susceptible to groundwater contamination, or that has the potential to be a direct conduit for contamination to reach groundwater. Waters of the state: Is the meaning specified under s (18), Stats.: Those portions of Lake Michigan and Lake Superior within the boundaries of Wisconsin, all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, water courses, drainage systems and other surface water or groundwater, natural or artificial, public or private within the state or under its jurisdiction. 8

9 Section 3. ACTIVITIES SUBJECT TO REGULATION (1) Permit Requirements Any person who constructs, installs, moves, extends, reconstructs, converts, substantially alters, changes use of or closes a waste storage facility or waste transfer system, or who employs another person to do the same, shall be subject to the provisions of this Ordinance. (2) Performance Standards and Prohibitions Any person who owns or operates cropland or livestock facilities is subject to the performance standards and prohibitions in this Ordinance. Section 4. SETBACK REQUIREMENTS (1) Table 1 Setbacks for New and Substantially Altered Waste Storage Facilities Setbacks To: Road Right of Ways State or U.S. Highways Road Centerlines Municipal County Highway Property Lines Expansion of Existing Facilities not meeting setbacks may not expand toward that Road or Property Line. Water Wells* According to USDA-NRCS Standards and the DNR Well Codes (NR 811 & NR 812). *Also see NR 243 for livestock facilities regulated under NR Year Flood Plain Not Permitted Navigable Stream or Lake Shawano County Shoreland Wetland Zoning Ordinance requirements 9

10 Section 5. APPLICATION FOR AND ISSUANCE OF PERMITS Any person required to apply for a Livestock Waste Management permit under this ordinance shall complete a form provided by the LCD and include the plans for the proposed facilities as specified in this ordinance. A non-refundable application fee payable to Shawano County shall accompany an application for the purpose of offsetting the county costs to review and process the application. The plans submitted must be certified by an agricultural or civil engineer or by a DATCP or NRCS engineering practitioner showing that person will comply with the requirements of USDA-NRCS Technical Standards. The application shall include the following: (1) New or Substantial Alteration 1. A narrative of the general criteria required within Technical Standard 313, and of other applicable Technical Standards including management and site assessments. The narrative should include, but is not limited to: a) The number and type of animals for which storage is provided, the duration for which storage is to be provided, daily gallons and/or cubic feet of waste and manure produced, bedding type, and manure handling practices. b) A description and construction plan of the method of transferring animal waste into and from the facility. c) Soil test pit or boring logs and their locations with soil descriptions and test results. Soil test pit or boring criteria should follow applicable Technical Standards and characterize the subsurface (soils, saturation, and bedrock). This includes the elevation of redoximorphic features (mottling), gleyed soil and moisture condition. 2. A general location map drawing of the site which shall include: a) The location of structures in relation to buildings, homes, property lines, roads, wells, karst features, public or private drainage ditches and creeks, flowages, rivers, streams, lakes, or wetlands within one thousand (1000) feet of the proposed facility or system. b) The location of any wells within 250 feet of the facility. c) The scale of the drawing and the north arrow with the date the general location map was prepared. d) The location of any floodplains. 3. Engineering design drawings of the waste storage facility or transfer system which shall include: a) Specific design components shall comply with applicable Technical Standards. b) A recoverable benchmark(s) including elevation(s) expressed in feet and tenths. c) The scale of the drawings and the north arrow. The engineering design drawing shall be drawn to a scale no smaller than one (1) inch equals one hundred (100) feet. d) The date the engineering design drawings were prepared. 4. The structural details, including but not limited to dimensions, cross-sections, concrete thickness, concrete joint design and placement, design loads, design computations, reinforcement schedules, thickness and placement of groundwater protection liners, and all material specifications. 5. Provisions for adequate drainage and control of runoff to prevent pollution of surface water and groundwater. 6. Estimated start of construction and construction schedule. 10

11 7. An operation and maintenance plan for installed practices. 8. Other additional information requested by the county to comply with this Ordinance. (2) Waste Storage Facility Closure 1. The plan shall include: a) The number and type of animals for which storage was provided, the duration for which storage is to be provided, daily gallons and/or cubic feet of waste and manure produced, bedding type, and manure handling practices. b) The location of the waste storage facility in relation to buildings, homes, property lines, roads, wells, karst features, public or private drainage ditches and creeks, flowages, rivers, streams, lakes, or wetlands within one thousand (1000) feet of the existing facility. c) The scale of the drawing and the north arrow. d) The date the general location map was prepared. e) A description of the method and specifications in transferring manure into and from the waste storage facility to ensure proper closure of transfer systems. f) Provisions to remove or permanently plug the manure transfer system serving the waste storage facility. g) Provisions to remove and properly dispose of all accumulated manure in the waste storage facility in compliance with applicable Technical Standards. h) Plan requirements and provisions shall be in compliance and consistent with applicable Technical Standards. i) Use Conversion Option. The waste storage facility may be converted to other uses, where as it is demonstrated the conversion will not result in a degradation of ground and/or surface waters or be a threat to public health, safety or general welfare. A detailed description of intended alternative use must be described for all waste storage facility conversions for determination if conversions will be allowed. j) Other additional information requested by the county to comply with this Ordinance. (3) Review of the Application The LCD shall receive and review all permit applications and shall determine if it meets required standards set forth in this Ordinance. Within 30 days after receiving the completed application and non-refundable fee, the LCD shall inform the applicant in writing whether the permit application is approved or disapproved. If additional information is required, the LCD shall so notify the applicant. The LCD has thirty (30) calendar days from the receipt of the additional information in which to approve or disapprove the application. No construction may commence without written approval from the LCD. (4) Exception to Permit Requirements 1. Preexisting waste storage facilities, except where the facility is substantially altered. 2. Routine maintenance of a waste storage facility. 3. Emergency equipment repairs of a manure storage facility, if the following conditions are met: a) All emergency repairs on the waste storage facility or transfer system which cause any disruption of the original construction of the waste storage facility shall be done so as to restore the storage facility to the original state, as determined by the technical 11

12 (5) Expiration standards set forth in Section 7. Such repairs shall be further reported to the LCD within three (3) days of the start of any emergency repair. A Livestock Waste Management Permit issued under this ordinance shall expire twelve (12) months after issuance if permit holder fails to begin constructing structures or closure activities as identified in the permit. If needed, a one-time permit extension of (12) months may be granted by the County Conservationist or his/her designee. (6) Fee A Livestock Waste Management permit required in this Ordinance shall be subject to the fees established pursuant to the Shawano County Planning, Development & Zoning Department and Land Conservation Department, Ordinances and Service Fee Schedule created by Shawano County Ordinance No adopted December 19, 2001 and as may be amended from time to time. (7) Permit Approval Conditions All permits issued under this Ordinance shall be issued subject to the following conditions and requirements: 1. Facility and system design, construction, and closure shall be carried out in accordance with the approved plans and applicable standards. 2. Permittees must obtain all required permits and authorizations before commencing construction activities. 3. The permittee shall give five (5) working days notice to the LCD before starting any construction activity authorized by the permit. 4. Approval in writing must be obtained from the LCD prior to making any changes or modifications to the approved plans and specifications. 5. Following completion of construction and prior to use, an agricultural or civil engineer registered in the State of Wisconsin or DATCP or NRCS or LCD engineering practitioner and the permittee and, if applicable, the contractor, shall certify in writing that all facilities and systems were installed as planned, including as-built drawings and changes or modifications as authorized per sub. (7) 4. made during construction. 6. The LCD will provide onsite inspection and certification for all waste storage facility and waste transfer system construction/closure plans designed by the LCD. 7. The LCD reserves the right to inspect all other construction activities but is not responsible for providing onsite inspection or certification per sub. (7) 5., that is the responsibility of the permittee. 8. The LCD shall provide final approval for all construction projects conducted under a permit issued under this Ordinance. To receive final approval, all waste storage facility and waste transfer construction/closure must fully meet the requirements of this Ordinance. 9. No permitted manure storage facility may receive manure until the county provides its final approval. 10. The permittee, owner or operator shall annually prepare and follow a nutrient management plan prepared in compliance with the requirements of this Ordinance and is to be submitted annually to the LCD. 12

13 (8) Permit Revocation In addition to any other actions authorized under this ordinance, the LCD may revoke any permit issued under this Ordinance if the holder of the permit has misrepresented any material fact in the permit application, plan or specification, or if the holder of the permit violates any of the conditions of the permit. The decision of the LCD may be appealed to the LCC. (9) Treatment of Previously Issued Permits Permits previously issued under the Shawano County Livestock Waste Management Ordinance No (adopted October 25, 2006 and last amended October 28, 2015) shall be treated as valid permits under this ordinance, subject to the same terms and conditions included in the original permit. Section 6. PERFORMANCE STANDARDS AND PROHIBITIONS The purpose of this section is to identify the agricultural performance standards and prohibitions that apply to livestock facilities and waste storage facilities built or operated in the county, whether or not the owners or operators have received a permit under this ordinance. This section outlines the procedures the county will follow in implementing and enforcing these standards and prohibitions consistent with state requirements, and the circumstances under which an owner or operator of a livestock facility is required to comply with these standards and prohibitions. (1) Waste (Manure) Storage Facilities (See NR and NR ) 1. Waste storage facilities constructed or substantially altered after October 1, 2002 shall be designed, constructed and maintained to minimize the risk of structural failure of the facility and minimize leakage of the facility in order to comply with groundwater standards. 2. Waste Storage facilities that are constructed or significantly altered shall be designed and operated to contain the additional volume of runoff and direct precipitation entering the facility as a result of a 25-year, 24-hour storm. 3. Closure of a manure storage facility shall occur when the farm where the storage facility is located ceases operation, or manure has not been added or removed from the storage facility for a period of 24 months. Manure storage facilities shall be closed in a manner that prevents future contamination of groundwater and surface waters, and shall conform to the permit and other requirements in this Ordinance. The owner or operator may avoid closure of a facility as required under this paragraph by demonstrating to the county that all of the following conditions are met: a) The facility is designed, constructed and maintained in accordance with par. 1. b) The facility is designed to store manure for a period of time longer than 24 months. c) Retention of the facility is warranted based on anticipated future use. 4. Waste storage facilities that pose an imminent threat to public health, fish and aquatic life, or groundwater shall be upgraded, replaced, or closed in accordance with this Ordinance. 5. Waste storage facilities constructed or substantially altered after October 1, 2002 may be required to comply with par. (3) without cost-sharing. 6. Levels of materials in waste storage facilities may not exceed the margin of safety level as defined in s. NR (13g), Wis. Admin. Code. 7. No livestock facility in the county shall have: 13

14 a) Overflow of manure from storage facilities. b) Direct runoff from stored manure into the waters of the state. 8. All owners and operators of waste storage facilities shall apply manure and nutrients to cropland according to a nutrient management plan prepared in compliance with ATCP 50.04(3), Wis. Admin. Code. Nutrient management plans are to be updated and submitted annually to the LCD. (2) Livestock Management (See NR and NR ) 1. There may be no significant discharge of process wastewater to waters of the state. 2. No direct runoff from feedlots to waters of the state. 3. No unconfined livestock waste stacking (piling) within a water quality management area. 4. Unconfined manure piles shall also be subject to criteria listed in Table 1 of NRCS Technical Standard 318 as follows: Waste Consistencies, Size & Stacking Period, Hydrologic Soil Groups, Subsurface Separation Distance and Surface Separation Distance (for Wells, Areas of Concentrated Flow). 5. No unlimited livestock access to waters of the state in a location where high concentration of animals prevent adequate sod cover maintenance or self-sustaining vegetative cover. Designed cattle crossings and cattle ramps are permitted according to NRCS and County guidelines. (3) Implementation and Enforcement Procedures for Performance Standards and Prohibitions 1. Procedures. The county may do all of the following: a) Provide voluntary cost-sharing to secure compliance. b) Follow the procedures in s. NR , Wis. Admin. Code, to implement and enforce the applicable performance standards in sub (1) and the procedures in s. NR , Wis. Admin. Code, to implement and enforce the applicable performance standards in subs. (1) and (2). c) Pursue any other action or remedies authorized under this Ordinance. See Sections 8 and Cost-Sharing Required. The county shall follow the requirements of chapters ATCP 50 and NR 151, Wis. Admin. Code, to determine if a landowner of existing cropland or livestock facilities must receive a bona fide offer of cost-sharing to achieve compliance with a performance standard or prohibitions. The county shall do all of the following, notifying the landowner regarding its determinations: a) Identify the specific areas where the landowner has failed to comply with the performance standards and prohibitions and the corrective actions the landowner must pursue to achieve compliance. b) Determine whether that farmland that is out of compliance is existing cropland or an existing livestock facility. If cropland or a livestock facility has been determined to be in compliance with a performance standard or prohibition, it no longer qualifies as an "existing" cropland or facility for cost-share purposes under that performance standard. If the cropland or facility later falls out of compliance with the performance standard, the landowner must restore compliance regardless of the availability of cost-sharing. c) Determine whether cost-sharing is available following the requirements of ss. NR 14

15 151.09(4)(d) or NR (5)(d), Wis. Admin. Code, when funding is provided under s , Stats., and use ch. ATCP 50, Wis. Admin. Code, to make this determination when funds are from any other source. 3. The LCD requests that upon change of ownership of the livestock facility, the new owner of the facility shall file information with the LCD providing pertinent information, including but not limited to such information as the name and address of the new owner and date of transfer of ownership. The LCD will notify the new owner of compliance responsibilities related to the waste storage facilities and/or waste transfer system and annual nutrient management plan. Section 7. TECHNICAL STANDARDS The Standards of the USDA-NRCS Field Office Technical Guide are adopted and by reference, made part of this section as if fully set forth herein. Any future amendment, revision, or modification of the standards incorporated herein is made part of this section, unless otherwise acted upon by the LCC. Section 8. ADMINISTRATION AND ENFORCEMENT This ordinance will be administered by the Shawano County Land Conservation Department and the County Conservationist shall have the primary responsibility of administering this ordinance and related matters thereto, and may designate/delegate these duties to other LCD staff. (1) Administrative Duties 1. The Keep an accurate record of all permit applications, animal waste facility plans, nutrient management plans, permits issued, inspections made, and other official actions. 2. Review permit applications and issue permits in accordance with Section 5 of this Ordinance. 3. Conduct, or cause to conduct, inspections to determine if the facility construction, closure or operation meet the requirements as specified in Section 5 sub (7) of this Ordinance. 4. Implement the performance standards and prohibitions in accordance with Section 6 of this Ordinance. 5. Investigate complaints relating to compliance with the requirements of this Ordinance and act upon the findings in accordance with provisions of this Ordinance. 6. Perform other duties as specified in this Ordinance. (2) Inspection Authority The LCD staff have inspection authority and are authorized, pursuant to Sec (14), Wis. Stats., to enter upon any lands affected by this ordinance to inspect the land and request records 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 LCD staff shall be according to Sec Wisconsin Statutes. Refusal to grant permission to enter lands affected by this Ordinance for purposes of inspection is grounds for permit denial or revocation. The county may take any action authorized by this Ordinance to enforce this right of inspection. 15

16 (3) Enforcement Authority In addition to the authority to revoke permits specified in this Ordinance, the County Conservationist is authorized to issue Stop Work Orders. The County Conservationist is authorized to post an order stopping work upon land that has had a permit revoked or on land currently undergoing activity in violation of this Ordinance. Notice is given by both posting upon the land where the violation occurs one or more copies of the order 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 must cease immediately or be brought into compliance within five (5) calendar days. Any permit revocation or order stopping work shall remain in effect unless retracted by the appropriate Shawano County authority (e.g., Board of Adjustment, Land Conservation Committee, the County Conservationist, or by a court of general jurisdiction); or until the activity is brought into compliance with this Ordinance. Shawano County is authorized to refer any violation of this Ordinance or of any stop work order issued pursuant to this Ordinance to the Corporation Counsel or district attorney for commencement of further legal proceedings. (4) Abatement Order Authority Shawano County may issue an order to abate any violation of this Ordinance with proper authorization. In the event an offense is not abated as ordered, the county may take such action as is necessary to abate the offense and the cost of such abatement will become a lien upon the person s property and may be collected in the same manner as other taxes. (5) Citation Authority The County Conservationist has citation authority for any violation of this Ordinance. (6) Referral Authority Shawano County may refer a violation of this ordinance to Corporation Counsel to pursue legal action including but not limited to the enforcement of any part of this Ordinance. (7) Other Lawful Remedies Nothing in this section may be construed to prevent Shawano County from using any other lawful means to enforce this Ordinance. (8) Requesting Review of Administrative Decision 1. Any person aggrieved or affected by any decision of the LCD by the County Conservationist or his/her designees shall upon request be reviewed by the Land Conservation Committee. 2. Requests shall be taken within thirty (30) calendar days of the date of the decision in which the party is aggrieved, by filing with the LCD a notice requesting review specifying the grounds thereof. The County Conservationist shall forthwith transmit to the LCC all of the documents constituting the record upon which the review request was taken. A written decision shall be mailed to the person requesting review within forty-five 45 calendar days of the request. The decision will affirm, deny, or modify the initial determination. The LCC is empowered to hear and decide on: a. Administrative decisions of the LCD b. Administrative interpretation of this ordinance by the LCD. 16

17 Section 9. VIOLATIONS AND PENALTIES 1. It is unlawful for a person to violate any provision of this ordinance or any condition contained in a permit or certificate issued pursuant to this Ordinance. 2. It is unlawful for any person to knowingly provide false information, make a false statement, or fail to provide or misrepresent any material fact to a county agent, board, commission, committee, department, employee, officer, or official acting in an official capacity under this ordinance. 3. It is unlawful for a person to disobey; fail, neglect, or refuse to comply with; or otherwise resist an order issued pursuant to this Ordinance. 4. A separate offense is deemed committed on each day that a violation occurs or continues. 5. Except as provided herein, a person will, upon conviction for a violation of this ordinance, shall be subject to a forfeiture, fine, other penalties in accordance with the forfeiture schedule established in the Shawano County Planning, Development & Zoning Department and Land Conservation Department Citation Authority Ordinance plus costs of prosecution, for each day of violation. The minimum and maximum forfeitures specified in this section are doubled for a person who is convicted of the same violation of this Ordinance. Default of payment shall result in imprisonment in the Shawano County Jail for a period not to exceed six months. Shawano County may institute appropriate action or proceedings to enjoin violations of this Ordinance, any other Shawano County Ordinance or violations of the applicable Wisconsin Statutes. Section 10. APPEALS AND VARIANCES (1) Appeals of Land Conservation Committee Decisions 1. Under authority of Chapter 68, Wis. Stats., the Shawano County Board of Adjustment, created under Section 59.99, Wis. Stats. and acting as an appeal authority under Section 59.99(7)(a), Wis. Stats., is authorized to hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination by the Land Conservation Committee in administering this Ordinance. a) 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 Land Conservation Committee. b) All appeals shall specify written evidence and the reason for the request, including which requirements from this Ordinance are involved and delivered via certified mail. c) The Board of Adjustment shall set a meeting to hear the appeal within thirty (30) calendar days of receipt of the appeal. d) A written decision shall be mailed to the appellant within forty-five (45) calendar days of the appeal. The decision will affirm, deny, or modify the initial determination. 17

18 (2) Variance Procedure 1. Variance procedure under this ordinance shall follow steps outlined in Shawano County Zoning Ordinance No adopted on December 17, 2014 and as may be amended from time to time. 2. The Shawano County Board of Adjustment may authorize a variance from the requirements of this ordinance when, upon showing by the applicant, unnecessary hardship would result from literal enforcement of this Ordinance. 3. A variance shall: a) Be consistent with the spirit and purpose of this ordinance. b) Be based on unique circumstances and not to the general conditions of the area. c) Not be granted for a self-created hardship. d) Not permit an activity or practice that may fail structurally or otherwise and cause significant water pollution or other off-site impacts. e) Not be granted if the variance will result in an outcome that is contrary to the public interest and be damaging to the rights of other persons. f) Not be granted solely on the basis of economic gain or loss. g) Not be granted solely on the fact that certain conditions existed prior to the effective date of the ordinance. 4. No variance from the standards in Technical Guide may be approved unless the county receives a variance or waiver from the technical standards through the NRCS or other qualified engineering authority. 5. No variance from the performance standards and prohibitions may be granted unless Shawano County complies with the variance requirements specified in s. NR , Wis. Admin. Code, and receives approval from the Department of Natural Resources. Requests for a variance shall be made in writing and shall provide information documenting the following: a. Compliance with the performance standard or technical standard is not feasible due to site conditions. b. The landowner or operator will implement best management practices or other corrective measures that ensure a level of pollution control that will achieve a level of water quality protection comparable to that afforded by the performance standards in ch. NR 151. c. The landowner or operator or their agents or assigns did not create the conditions. 18