(A) For the purpose of this chapter, certain terms or words used herein shall be interpreted as follows:
(1) The word “shall” is mandatory, and not discretionary; the word “may” is permissive; the word “person” shall include individuals, businesses, and corporations;
(2) Words used in the present tense shall include the future; and words used in the singular shall include the plural, and the plural the singular;
(3) Words shall be given their common usage if not defined;
(4) The word “used for” shall include the phrases “arranged for,” “designed for,” “intended for,” “maintained for,” and “occupied for”;
(5) The masculine gender shall include the feminine and neuter;
(6) The word “Board” includes the “county commissioners,” the “Board of County Commissioners”, or any other word or words meaning the “Carver County Board of Commissioners”.
(B)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning or the term is defined in Minn. Rules Chapter 7020.
ANIMAL FEEDLOT. As defined by Minn. Rules Chapter 7020, a lot or building or combination of lots and buildings intended for the confined feeding, breeding, raising or holding of animals and specifically designed as a confinement area in which manure may accumulate, or where the concentration of animals is such that a vegetative cover cannot be maintained within the enclosure. For purposes of these parts, open lots used for the feeding and rearing of poultry (poultry ranges) shall be considered to be animal feedlots. Pastures shall not be considered animal feedlots under these parts.
ANIMAL MANURE. Poultry, livestock, or other animal excreta or a mixture of excreta with feed, bedding, precipitation or other materials.
ANIMAL UNIT. A unit of measure used to compare differences in the production of animal manure which has a standard, the amount of manure produced on a regular basis by a slaughter steer or heifer. A multiplication factor set by the MPCA in Minn. Rules Chapter 7020, will be hereinafter adopted by reference without change except as may be amended by state.
BUFFER. A vegetative feature as defined by M.S. § 103F.48.
BUILDING, AGRICULTURAL. All buildings, other than dwellings, which are incidental to a farming operation.
COMMERCIAL APPLICATOR. As defined by M.S. § 18C.430, commercial animal waste technician.
CONDITIONAL USE PERMIT (CUP). As defined by Chapter 152 of the Carver County Zoning Code.
CONSTRUCTION SHORT-FORM PERMIT. A permit issued for an animal feedlot or manure storage area pursuant to Minn. Rules Chapters 7020.0505 and 7020.0535.
COUNTY. Carver County, Minnesota.
COUNTY FEEDLOT OFFICER. A county employee, appointed by the County Board, to administer the provisions of this chapter and Minn. Rules Chapter 7020.
DOMESTIC FERTILIZER. Domestic fertilizer means:
(a) Animal manure that is applied on or injected into the soil to improve the quality and/or quantity of plant growth; or
(b) Animal manure that is used as compost, soil conditioners or specialized plant beds.
DRAINAGE DITCH. A man-made trench that is dug for the purpose of draining water from the land or for transporting water for use on the land and that is not built for navigational purposes.
EXISTING ANIMAL FEEDLOT. An animal feedlot that has registered with Carver County or the MPCA prior to July 7, 2003 and has been utilized for livestock production within the past five years.
EXPANSION. Construction or any activity that may result in an increase in the number of animal units that an animal feedlot is capable of holding or an increase in storage capacity of a manure storage area.
FEEDLOT OPERATOR. An individual, a corporation, a group of individuals, a partnership, joint venture, owner or any other business entity having charge or control of one or more livestock feedlots, poultry lots or other animal lots.
FEEDLOT PERMIT. A document issued by the MPCA or county that contains requirements, conditions, and compliance schedules relating to the discharge of animal manure pollutants, management of animal manure, or construction /operation of animal holding areas or manure storage areas. These permits include NPDES, SDS, construction short-form, and interim.
FEEDLOT REGISTRATION. Required information for animal feedlots and manure storage areas pursuant to Minn. Rules Chapter 7020.0350.
FEEDLOT RUNOFF. The movement of water, in any form, from, or through, a feedlot, carrying particles of manure or process wastewater into a body of water, ditch, right of way or to a channelized flow environment.
INCORPORATION (ANIMAL MANURE). The mixing of manure with the topsoil by means such as disking, plowing, rototilling, injection or other mechanical means concurrent with the application or within 24 hours, providing the mixing occurs before a rain event.
INTERIM PERMIT. A permit issued by the MPCA or County Feedlot Officer to correct a pollution hazard.
LIQUID MANURE STORAGE AREA. An area where liquid animal manure and process wastewaters are stored or processed.
LIVESTOCK. Domestic farm animals including, but not limited to cattle, hogs, horses, bees, sheep, goats, chickens, and other animals commonly kept for commercial food production purposes.
MANURE MANAGEMENT PLAN. A plan that manages the amount (rate), source, placement (method of application) and timing of commercial fertilizers, manure, soil amendments and organic by-products to agricultural landscapes as a source of plant nutrients while protecting local air, soil and water quality.
MANURE STORAGE AREA. An area where animal manure or process wastewaters are stored or processed. Short-term and permanent manure stockpile sites and composting sites are manure storage areas. Animal manure packs or mounding within the animal holding area of an animal feedlot that are managed according to Minn. Rules Chapter 7020.2000, are not manure storage areas.
MDA. The Minnesota Department of Agriculture. As established in M.S. Chapter 17.
MINNESOTA RULES (MINN. RULES) CHAPTER 7020. This rule governs the storage, transportation, disposal, and utilization of animal manure and process wastewaters and the application for and issuance of permits for construction and operation of animal manure management and disposal or utilization systems for the protection of the environment. This chapter does not address wastes from fish.
MODIFICATION. A change to a facility component or operational practice described, required, or authorized by a permit issued under this chapter, including an expansion of an existing animal feedlot.
MPCA. The Minnesota Pollution Control Agency. As established in M.S. Chapter 116.
NEW ANIMAL FEEDLOT. An animal feedlot constructed and operated at a site where no animal feedlot existed previously or where a pre-existing animal feedlot has been abandoned or unused for a period of five years or more.
NON-AGRICULTURAL COMMERCIAL USE. The principal use of land or buildings for the sale, lease, rental or trade of products, goods and services. The principal or accessory use of land or buildings for the sale, lease, rental or trade of products, goods, and services that is not associated with an agricultural activity.
NPDES PERMIT. National Pollution Discharge Elimination System Permit. A permit issued by the MPCA for the purpose of regulating the discharge of pollutants from point sources including concentrated animal feeding operations (CAFOs).
NRCS. The Natural Resources Conservation Service of the USDA, a federal agency.
NUISANCE. Anything which is injurious to health, or indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.
OFFSET. Odor From Feedlots Setback Estimation Tool developed by the Department of Biosystems and Agricultural Engineering of the University of Minnesota.
PASTURE. Areas where grass or other vegetation is used for grazing, and the concentration of animals does not allow a vegetative cover to be maintained during the growing season, except in the immediate vicinity of temporary supplemental feeding or watering devices.
POLLUTION HAZARD. As defined by Minn. Rules Chapter 7020, including but not limited to an animal feedlot or manure storage area where construction or operation will allow a discharge of pollutants to surface water or ground water in excess of applicable standards, including Minn. Rules 7050 and 7055, during a rainstorm event less than a 25-year, 24-hour magnitude or will violate any state or county rules or ordinances.
PROCESS WASTEWATERS. Waters and/or precipitation, including rain or snow, which comes into contact with manure, litter, bedding, or other raw material, final material, or product used in or resulting from the production of animals, poultry, or direct products, such as milk or eggs.
REGIONAL PARK. As defined in the County 2020 Comprehensive Plan as Baylor Regional Park, Lake Minnewashta Regional Park, Carver Park Reserve, Lake Waconia County Park, and Lake Bavaria Boat Launch.
RESTAURANT. As defined by M.S. § 157.15(12).
RIGHT-OF-WAY. A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied or used by a road, street, trail, water line, sewer line, electrical transmission line or similar public and/or utility service. Unless otherwise specified, the term RIGHT-OF-WAY (R-O-W) as used in this chapter refers to road or street right-of-way, However, if no records exist, the right-of-way shall be assumed to be 33 feet, measured from the centerline of the road, as built.
SCHOOL. As defined by Chapter 152 of the Carver County Zoning Code. For the purpose of this chapter, home schools shall not apply.
SDS PERMIT. State Disposal System Permit. A state permit issued that is processed in accordance with Chapter 7001.
SENSITIVE AREAS. Areas determined by the State of Minnesota and Carver County that require minimum setbacks for manure application to minimize pollution potentials.
SPECIAL PROTECTION AREA. Land within 300 feet of all:
(a) Protected waters and wetlands identified through the Department of Natural Resources protected waters and wetlands maps; and
(b) Intermittent streams and ditches identified on United States Geological Survey quadrangle maps, excluding drainage ditches with berms and segments of intermittent streams that are grassed waterways.
SWCD. The Carver County Soil and Water Conservation District.
USDA. The United States Department of Agriculture.
WATERS OF THE STATE. All streams, lakes, ponds, marshes, watercourses, waterways, wells, springs, reservoirs, aquifers, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface or underground, natural or artificial, public or private, which are contained within, flow through, or border upon the state or any portions of the state.
WELLHEAD PROTECTION AREA. The surface and subsurface area surrounding a well or well field that supplies a public water system, through which contaminants are likely to move toward and reach the well or well field.
WETLAND. As defined by M.S. § 103G.005(17b).
(Ord. 49, passed 7-7-03; Am. Ord. 101-2022, passed 7-19-22)