(A) Necessity for application. Before any new operation or expansion of an existing livestock operation is commenced or constructed, approval of the Plan Commission shall be obtained. Before any approval of the Commission is given, each proposed intensive livestock operation shall be reviewed on the basis of information furnished on the application form provided by the Commission as required herein, and the facts obtained from an on-site inspection or study if required by the Commission. If facts show the proposal to be in compliance, approval shall be granted by the Commission.
(B) Existing intensive livestock operations. For all existing intensive livestock operations not operating under a valid permit, the owner or operator thereof shall make application and obtain a permit before continuing the operation.
(C) Transfer of permit. A permitted intensive livestock operation shall remain personal with the holder of the permit and shall be transferred only in accordance with this division. A transfer of a permit without any increase in the number of animals may be granted by the Plan Commission Director without a public hearing if the transfer or if the permit is in good standing and the transferee demonstrates an ability to continue to operate the permit in accordance with this subchapter. A transfer of a permit seeking to increase the number of animals shall be granted by the Commission only after a public hearing and notice. A transfer may be granted on review by the Commission of all relevant documents in the transferor's file and a review of the application of the transferee, and the Commission may obtain any other relevant information as it deems necessary, and the transfer may be granted if compliance with this chapter and this subchapter shall have been demonstrated.
(D) Revocation of permit. Any intensive livestock operation permit may be revoked at any time after 90 days from the time notice is given by the Commission or the County Health Department to the owner and/or operator of any intensive livestock operation, advising the owner and/or operator that the waste treatment and handling facilities and/or any other facility of the operation have not been constructed or have not been maintained and operated as proposed and approved when submitted to the Commission; and the intensive livestock operation must thereupon forthwith cease. Revocation may be withdrawn only after construction and operation is deemed to be in compliance with this chapter.
(E) Right to hearing. The owner and/or operator of an intensive livestock operation that receives notice of proposed revocation may request a hearing within ten days from the receipt of notice of revocation, and upon request of hearing, a hearing shall be held on the proposed revocation, and the permittee shall be entitled to a hearing before the Commission with the right to be represented by counsel and to be heard.
(Ord. 466, § 2-16.5-5, passed 5-11-98) Penalty, see § 152.999