(A) Plans for construction of CAFO facilities must be filed with the Clerk-Treasurer of the town six months before initiation of any construction activities. Further, within seven days from filing, the person or entity proposing to construct CAFO facilities shall publish notice in newspapers of general circulation in both LaGrange and Steuben Counties. The published notice shall indicate that CAFO construction plans are on file and available for review at the town office. The notice shall also state the physical location of the proposed facilities. In addition to publication, such notice shall also be mailed by U.S. certified mail to all owners or residents of property adjacent to lands where CAFO operations will take place.
(B) Plans for CAFO waste handling and disposal practices must be filed with the Clerk-Treasurer of the town six months before initiation of any waste handling or processing activities. Further, within seven days from filing, the person or entity proposing to operate any CAFO facilities shall publish notice in newspapers of general circulation in both LaGrange and Steuben Counties. The published notice shall indicate that CAFO waste handling and disposal plans are on file and available for review at the town office. The notice shall also state the physical location of all proposed disposal facilities and identify by name, address and phone number the owners of all contractors who will be participating in any waste handling activities and also state the name, address and phone number of all owners of lands where any discharge activities shall take place. In addition to publication, such notice shall also be mailed by U.S. certified mail to all owners or residents of property adjacent to lands where any discharge activities will take place.
(C) The plans required to be filed by this section shall be of sufficient detail to affirmatively demonstrate that all proposed CAFO operations will be in compliance with this chapter. In the event litigation is initiated challenging compliance with this provision, then CAFO construction or CAFO operations shall not take place while such an action is pending in the courts.
(Ord. 230-07, passed 1-8-2007)