As used in this article:
AFFECTED PROPERTY OWNER. A surface landowner within a 1 mile radius of the designated perimeter of a swine feeding operation.
APPLICANT. The owner or operator of a swine feeding operation.
ARTIFICIALLY CONSTRUCTED. Constructed by humans.
DESIGNATED PERIMETER. The perimeter of any structure or combination of structures utilized to control swine waste until it can be disposed of in an authorized manner. Such structures shall include, but not be limited to, pits, burial sites, barns or roof- covered structures housing swine, compostors, waste storage sites, or retention structures or appurtenances or additions thereto.
EXPANDING OPERATION.
(1) A facility that either increases its swine unit capacity to a number that causes the facility to initially meet the definition of a swine feeding operation; or
(2) A swine feeding operation that seeks to increase its permitted capacity in excess of 5% of the original facility's permitted capacity.
FACILITY. Any place, site, or location or part thereof where swine are kept, handled, housed, or otherwise maintained and processed and includes but is not limited to buildings, lots, pens, and swine waste management systems.
INTERESTED PARTY. An affected property owner who validly requests an individual hearing, in accordance with the provisions of this article regarding the issuance of a swine feeding operation permit and asserts rights to relief in respect to or arising out of the same permit.
LAND APPLICATION. The spreading on, or incorporation of swine waste into the soil.
OCCUPIED RESIDENCE. A habitable structure designed and constructed for full-time occupancy in all weather conditions which:
(1) Is not readily mobile;
(2) Is connected to a public or permanent source of electricity and a permanent waste disposal system or public waste disposal system; and
(3) Is occupied as a residence.
ODOR ABATEMENT PLAN or OAP. Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce odor as established by this article.
OPERATOR. The owner or one who is responsible for the management of each facility of a swine feeding operation.
OWNER OR OPERATOR. Any individual, partnership, limited partnership, limited liability limited partnership, joint venture, corporation, limited liability company, or other business entity who owns, manages, or operates all or any part of or interest in the business of a swine feeding operation or the real property on which a swine feeding operation is located. The term OWNER OR OPERATOR includes an applicant for a swine farm operation permit and the person or entity to which a permit is issued.
PROCESS WASTEWATER. Any water utilized in the facility that comes into contact with any manure, litter, bedding, raw, intermediate, or final material or product used in or resulting from the production of swine and any products directly or indirectly used in the operation of a facility, such as spillage or overflow from swine watering systems; washing, cleaning, or flushing pens, barns, manure pits, direct contract, swimming, washing or spray cooling of swine; and dust control and any precipitation which comes into contact with swine or swine waste.
SWINE. A member of the porcine species.
SWINE FEEDING OPERATION. A lot or facility where 1,000 or more swine have been, are, or will be stabled or confined and fed or maintained for a total of 90 consecutive days or more in any 12 month period.
SWINE WASTE. Animal excrement, swine carcasses, feed wastes, process wastewaters or any other waste associated with the confinement of animals from a swine feeding operation.
SWINE WASTE MANAGEMENT SYSTEM. A combination of structures and nonstructural practices serving a swine feeding operation that provides for the collection, treatment, disposal, distribution, storage and land application of animal waste.
WASTE FACILITY. Any structure or combination of structures utilized to control swine waste until it can be disposed of in an authorized manner but does not include open pits or lagoon. Such structures shall include, but not be limited to, pits, burial sites, barns, or roof-covered structures housing swine, compostors, waste storage sites, or retention structures or appurtenances or additions thereto.
WASTE MANAGEMENT PLAN or WMP. A written plan that includes a combination of conservation and management practices designed to protect the natural resources of the county and state prepared by the Natural Resources Conservation Service (NRCS) or a private consultant with review and approval by NRCS.
WATERS OF THE STATE. All streams (perennial and intermittent), lakes, ponds, marshes, water-courses, waterways, wells, springs, irrigation systems, drainage systems, storm sewers and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through or border upon this state or any portion thereof, and shall include under all circumstances the waters of the United States which are contained within the boundaries of, flow through or border upon this state or any portion thereof. Process wastewaters shall not be considered as waters of the state if contaminated at the site.
(Ord. 00-29-271, 9-14-2000; Ord. 08-26-502, 10-14-2008; Ord. 14-23-678, 11-13-2014)