(A) The operator of a new, expanding, or existing CAFO shall comply with all state laws and rules, including the laws and rules administered by IDEM and with any permits granted by IDEM.
(B) All applicants who have or who have had ownership in any CAFO/AFO in the State of Indiana or any other state during the five years prior to the date of obtaining a pre-application permit must not have any unresolved violations with the Indiana Department of Environmental Management or any other corresponding or comparable local, state or federal regulatory agency. All such outstanding violations must be resolved before a building permit will be issued by the Building Commission.
(C) CAFOs shall abide by 312 IAC 12 Water Well Drilling and Ground Water and register all wells capable of withdrawing over 100,000 gallons per day or 70 gallons per minute with the Department of Natural Resources.
(D) A CAFO shall follow all manure application rules as defined in their IDEM permit and in accordance with their manure management plan.
(E) A CAFO/AFO shall not locate any portion of the waste management system within the 100-year frequency flood plain unless a Federal Emergency Management Agency, National Flood Insurance Program Floodproofmg Certificate for nonresidential structures is provided and the waste management system access is at least two feet above the 100-year flood base elevation. Reference 327 IAC 16-81(a)(3).
(F) Groundwater test wells shall be required of all new approved 100-year floodplain CAFO sites. Placement, number, and depth of these systems shall be determined by a licensed engineer or hydrogeologist after the groundwater directional flow is determined. Sampling and testing of these systems for nitrates and bacteria shall be performed biannually by the La Porte County Health Department.
(G) If the La Porte County Health Department determines that surface or ground water has been or is being contaminated by the CAFO, the Health Department may order any reasonable or necessary corrective action to protect public health.
(Ord. 2007-16, passed 9-4-07)