Animal Waste Storage

Animal Waste Storage Permit

  • Animal Waste Storage Permit Application
  • The fee for constructing an Animal Waste Storage Permit is $1.00 per animal unit.
  • There is no fee for a Animal Waste Storage facility closure. (Permit is still required)
  • SWRM cost-share and technical assistance may be available. 

I. Introduction

  • A. Authority This ordinance is adopted under authority granted Section 92.16, Wis. Stats.
  • B. Title. This ordinance shall be known as, referred to, and may be cited as the Rusk County Animal Waste Storage and Nutrient Management Ordinance and is hereinafter referred to as the Ordinance.
  • C. Findings & Declaration of Policy.
    • 1. The Rusk County Board of Supervisors finds that storage of animal waste in storage facilities not meeting technical design and construction standards may cause pollution of the surface and ground waters of Rusk County, and may result in actual or potential harm to the health of county residents and transients; to livestock, aquatic life and other animals and plants; and to the property tax base of Rusk County.
    • 2. The Rusk County Board of Supervisors also find that improper management of animal waste storage facilities, and nutrient management, including land application, of stored animal waste, may cause pollution of the ground and surface waters of Rusk County.
    • 3. The Rusk County Board of Supervisors further finds that the technical standards developed by the U.S.D.A. Natural Resource Conservation Service provide effective, practical, and environmentally safe methods of the storage and the nutrient management of animal waste.
  • D. Purpose. The purpose of this ordinance is to regulate the location, design, construction, installation, alteration and use of animal waste storage facilities, and the application of wastes from these facilities in order to prevent water pollution and thereby protect the health of Rusk County residents and transients; prevent the spread of disease; and promote the prosperity and general welfare of the citizens of Rusk County. It is also intended to provide for the administration and enforcement of the ordinance and to provide penalties for its violation.
  • E. Interpretation. In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.
  • F. Severability Clause. If any section, provision, or portion of this ordinance is ruled invalid by a court, the remainder of the ordinance shall not for that reason be rendered ineffective.
  • G. Effective Date. This ordinance shall become effective upon its adoption by the Rusk County Board of Supervisors and publication.
  • H. Applicability. This ordinance applies to the unincorporated areas of Rusk County and to all animal waste storage facilities constructed therein.

II. Definitions.

  • A. “Animal waste” means excreta from livestock, poultry and other materials, such as bedding, rain or other water, soil, hair, feathers, and other debris normally included in animal waste handling operations.
  • B. “Animal waste storage facility” means a concrete, steel, or otherwise fabricated structure, or an earthen facility of constructed earth dikes, excavated pits or ponds, or a combination of these, used for storage of animal waste facility, that stores an animal waste volume of more than 5000 cubic feet.
  • C. “Applicant” means any person who applies for a permit under this ordinance.
  • D. “Bedrock” means the solid or consolidated rock formation typically underlying loose surficial material such as soil, alluvium or glacial drift. Bedrock includes but is not limited to limestone, dolomite, sandstone, shale and igneous and metamorphic rock.
  • E. “Idle animal waste storage facility” means an animal waste storage facility which is no longer being used for its intended purpose and/or no longer having any additional animal waste placed into it for a period of twenty four (24) months.
  • F. “Manure stack” means an uncontained deposit of animal waste placed on an earthen, concrete or other surface for limited periods necessary to facilitate daily or periodic land spreading.
  • G. “Nutrient Management Plan” means a written plan detailing amount, form, placement, and timing of the application of plant nutrients. This includes nutrients from the animal waste storage facilities, commercial fe1tilizers, legume crops and crop residues.
  • H. “Permit” means the signed, written statement issued by the Rusk County Land & Water Conservation Department (“LWCD”) and the Rusk County Conservationist under this ordinance authorizing the applicant to construct, install, reconstruct, enlarge, or substantially alter an animal waste storage facility and to use or dispose of waste from the facility.
  • I. “Permittee” means any person to whom a permit is issued under this ordinance.
  • J. “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.
  • K. “Subsurface saturation” means the following criteria apply:
  • 1. Free water or wet soil identified by glistening, due to the slow release of water.
  • 2. Gleyed soil, that may extend uninterrupted from an observed free water surface.
  • 3. The presence of distinct gray redoximorphic features with a chroma of 2 or less based on Munsell color charts.
  • L. “Technical Guide” means the United States Department of Agriculture (U.S.D.A.) Natural Resource Conservation Service Technical Guide as adopted by the Rusk County Land and Water Conservation Committee and the Land Conservation Department.
  • M. “Temporary storage” means an animal waste storage facility of less than 5000 cubic feet.
  • N. “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.

III. Activities Subject to Regulation.

  • A. General requirement. Any person, who designs, constructs, installs, reconstructs, enlarges, or alters an animal waste storage facility; or who employs another person to do the same, on land subject to this ordinance, shall be subject to the provisions of this ordinance.
  • B. Compliance with permit requirements. A person is in compliance with this ordinance if he or she follows the procedures of this ordinance, receives a permit from the County Conservationist before beginning activities subject to regulation under this ordinance, and complies with the requirements of the permit.
  • C. Manure stacking. The ordinance shall not apply to manure stacks as defined herein, where daily or periodic direct removal to fields is implemented.
  • D. Temporary storage. A person is not subject to permit when complying with either 313-10, Table 2, or, 634-7, Table 1.
  • E. Idle animal waste storage facility. Any person who owns an animal waste storage facility that has been determined to be idle must lower the level of the animal waste in the facility to an elevation of one (1) foot above the floor of the facility within a period of six (6) months from the date the facility was determined to be idle. The idle waste storage facility shall be subject to Standard 360, Closure of Waste Impoundments. The animal waste shall be uniformly spread on cropland or pasture according to their Nutrient Management Plan.

IV. Standards.

  • A. Standards for Animal Waste Storage Facilities.
    • 1. The construction, reconstruction, enlargement, alteration, closure and operation of any and all animal waste storage facilities covered under this Ordinance in Rusk County shall comply with all of the provisions of the following technical guides issued by the USDA, NRCS:
  • B. Standard for Nutrient Management. Nutrient management of all animal waste from permitted storage facilities shall be handled and comply with all of the provisions of the Wisconsin Field Office Technical Guide 590, issued by the USDA, NRCS, ATCP 50.04.

V. Application for & Issuance of Permits.

  • A. Permit required. No person may undertake an activity subject to this ordinance without obtaining a permit from the County Conservationist prior to beginning the proposed activity.
  • B. Exception to permit requirement. Emergency repairs such as repairing a broken pipe or equipment, leaking dikes, or the removal of stoppages 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 County Conservationist within two (2) work days of the emergency for a determination by the County Conservationist on whether a permit will be required for any additional alteration or repair to the facility. The County Conservationist shall consult with the Land and Water Conservation Committee prior to rendering a determination.
  • C. On site investigation required. Each application for a permit under this section shall require an onsite inspection prior to issuance and include a summary report on site conditions. The site inspection shall be conducted by the County Conservationist and/or the Land Conservation Department staff.
  • D. Fees. A non-refundable application fee and Manure Storage Construction Permit fee under this ordinance shall be calculated utilizing the fee schedule adopted by the Land & Water Conservation Committee. The fee schedule may be amended as the Land & Water Conservation Committee deems necessary. A double fee will be charged for all after-the-fact applications and/or permits.
  • E. Animal waste storage facility and Manure Transfer System. Plans and specifications. Each application for a permit under this section shall include plans and specifications prepared and approved by an agricultural or civil engineer registered with the State of Wisconsin or a DATCP or NRCS engineering practitioner, in accordance with the criteria of the appropriate standard and shall describe the requirements for applying the practice to achieve its intended use. The plans, specifications, and documentation for construction shall include:
    • 1. Management Assessment.
    • 2. Site assessment.
    • 3. Safety design.
    • 4. Operation and Maintenance plan.
    • 5. Nutrient Management plan.
    • 6. Construction plan, schedules, and staging.
    • 7. Construction Inspection plan.
    • 8. Final construction plan showing any plan changes and certifying that the facility meets all applicable NRCS Standards.
  • F. Review of application.
    • 1. The County Conservationist shall receive and review all permit applications and shall determine if the proposed facility meets required standards set forth in Standards of this ordinance. Within thirty (30) working days after receiving the completed application and fee, the County Conservationist shall inform the applicant in writing whether the permit application is approved or disapproved. If additional information is required, the County Conservationist shall notify the permit applicant and shall have 30 working days from the receipt of the additional information in which to approve or disapprove the application. No construction may commence without the final approval by the County Conservationist. In making these determinations the Zoning Administrator shall consult with the Land and Water Conservation Committee.
    • 2. Storage facility design may be provided through the Land Conservation Department, cooperating members or county, state, or federal government agencies, private consultants, prequalified or preapproved plans. Private consultants shall be registered professional engineers, licensed in the state of Wisconsin. Preapproved or prequalified plans must be approved by a registered professional engineer, licensed in the state of Wisconsin meeting the requirements of this ordinance.
  • G. Permit conditions. All permits issued under this ordinance shall be issued subject to the following conditions and requirements.
    • 1. Animal waste storage facility design and construction, management, and utilization activities shall be carried out in accordance with the animal waste facility plans and applicable standards specified in Standards and Application for and issuance of permits Sections of this ordinance.
    • 2. The permittee shall give at least five (5) workdays notice to the County Conservationist before starting any construction activity authorized by the permit.
    • 3. Approval in writing must be obtained from the County Conservationist prior to any modifications to the approved animal waste facility plan.
    • 4. The permittee and, if applicable, the contractor, or the consulting engineer, shall certify in writing to the Department within 30 days of project completion, that the facility was installed as planned.
    • 5. The County Conservationist and staff may conduct onsite inspections before, during and after construction.
    • 6. Activities authorized by permit must be completed within two (2) years from the date of issuance after which such permit shall be void.
  • H. Permit revocation. The County Conservationist may revoke any permit issued under this ordinance if the holder of the permit has misrepresented any material in the permit application or animal waste facility plan, nutrient management plan, or if the holder of the permit violates any of the conditions of the permit

VI. Administration.

  • A. Delegation of authority. Rusk County hereby designates the County Conservationist to administer and enforce this ordinance. The County Conservationist shall seek out the advice of the Land Conservation Committee in the administration and enforcement of this ordinance.
  • B. Administrative duties.
    • 1. In the administration of this ordinance, the County Conservationist with assistance from the Land and Water Conservation Committee shall:
      • a) Keep an accurate record of all permit applications, animal waste facility plans, permits issued, inspections made, and other official actions.
      • b) Review permit applications and issue permit in accordance with the application for and issuance of permits section of this ordinance.
      • c) Inspect animal waste facility construction to insure the facility is being constructed according to plan specifications.
      • d) Investigate complaints relating to compliance with the ordinance.
      • e) Perform other duties as specified in this ordinance.
  • C. Inspection authority. Pursuant to authority granted by Section 92.07(14) Wisconsin Statutes, the County Conservationist, or representative is authorized to enter upon any lands affected by this ordinance to inspect the land prior to or after permit issuance to determine compliance with this ordinance. If permission cannot be received from the applicant or permittee, the permit may be denied or entry by County Conservationist and staff shall be according to Sections 66.122 and 66.123, Wis. Stats. Refusal to grant permission to enter lands affected by this ordinance for the purposes of inspection may be grounds for denial of the permit.
  • D. Enforcement authority.
    • 1.The County Conservationist and Land and Water Conservation Committee are authorized to post an order stopping work upon land which has had a permit revoked, or on land in violation of this ordinance. Notice is given by both posting upon the land where the violation occurs, one or more copies of a poster 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 and be brought into compliance within five (5) working days.
    • 2.Any permit revocation or order stopping work shall remain ineffect until retracted by the Land and Water Conservation Committee, the County Conservationist, or by a court of general jurisdiction; or, until the activity is brought into compliance with the ordinance.
    • 3.The County Conservationist is authorized to refer any violation ofthis ordinance to the corporation counsel for commencement of further legal proceedings seeking penalties and other appropriate relief in enforcement of the ordinance.

VII. Violations.

  • A.Penalties. Any person who violates, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this ordinance shall be subject to a forfeiture of up to $200.00 plus costs of prosecution for each violation. An unlawful violation includes failure to comply with any standard of this ordinance or with any condition or qualification attached to the permit. Each day that a violation exists shall be a separate offense.
  • B. Enforcement of injunction. As a substitute for or as an addition toforfeiture actions, Rusk County may seek enforcement of any part of thisordinance by court actions seeking injunctions or restraining orders.

VIII. Appeals from Administrative Decisions.

  • A. Authority. The Rusk County Land and Water Conservation Committee shall hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination by the County Conservationist in administering this Ordinance.
  • B. Procedure.
    • 1. Any appeal shall be made by written request, mailed or delivered to the County Conservationist, 311 Miner Ave E, STE 121, Ladysmith WI 54848.
    • 2. The request shall state the ground or grounds upon which it is contended that the decision should be modified or reversed.
    • 3. The Committee shall, as soon as reasonable, but no later than its next regular meeting, review the determination under appeal.
  • C. Statutory Administrative Review and Certiorari.
    • 1. The decision of the County Conservationist shall be subject to further administrative review by the Land and Water Conservation Committee if a written appeal seeking such review is filed within thirty (30) days after the decision of the County Conservationist.
    • 2. The decision of the Land and Water Conservation Committee shall be subject to judicial review if, within thirty (30) days after the decision of the Land and Water Conservation Committee an action seeking the remedy available by certiorari is commenced, as authorized by the Rusk County Code of Ordinances and section 59.99 of the Wisconsin Statutes.
  • D. Appeals Committee. The Land and Water Conservation Committee shall act as the Appeals Committee.
  • E. Who May Appeal. Appeals may be taken by any person having a substantial interest which is adversely affected by the order, requirement, decision, or determination for which review is sought. Said Appeal must be commenced within fifteen (15) days of the written determination by County Conservationist.