(A) Unless specifically permitted by the County Commission, a CAFO or AFO as outlined in division (A)(2) below shall not be approved in the unincorporated areas of the county unless said operations comply with the following.
(1) No CAFO shall be constructed within:
(a) Five miles or 26,400 feet of any municipal boundary;
(b) Three miles or 15,840 feet from any:
1. Existing dwelling;
2. Residential, residential estates or forest recreation area;
3. Health care facility;
4. Public area;
5. Education institution;
6. Religious institution; and
7. Commercial enterprise.
(c) One mile or 5,280 feet from any state highway or County Class B Paved Road.
(2) AFOs consisting of dead animals, manure storage or other operations with excessive air emissions and/or negative impacts to air and water quality resource concerns shall be subject to the requirements of division (A)(1) above.
(3) (a) 1. Any CAFO or AFO as outlined in division (A)(2) above shall satisfy the requirements of the county CAFO application prior to approval of the County Planning Commission and County Commission.
2. The application shall consist of an overall development plan including:
a. The distance from existing dwellings and municipal boundaries;
b. The number and type of animal units;
c. A completed CNMP; and
d. A mitigation plan addressing negative impacts to adjacent property values, local residents’ quality of life and how the CAFO plans to mitigate said impacts.
(b) If a CAFO consists of multiple individuals and/or entities, all individuals and/or entities shall be included in one CAFO Application and divisions (A)(1), (A)(2), (A)(3) and (A)(4) shall include the entire operation.
(4) CAFO and AFO operations must comply with divisions (A)(1), (A)(2) and (A)(3) above and the following.
(a) Prevailing wind provision. Upon showing by a conditional use permit applicant, the Planning Commission, by convincing evidence that there is a historical prevailing wind, may off-set the separation distance sphere by as much as 50%. However, the off-sets shall not decrease the area within the separation distance. The shape and size of the separation area shall remain constant. This provision allows only for the shifting of the separation area sphere to the downwind direction by as much as 50%.
(b) Public health, safety, welfare and water/air quality. CAFO operation owners must take actions to minimize water/air pollution and public health and safety impacts from confinement and waste treatment facilities. To accomplish this goal and as part of the conditional use permit required by all CAFO and AFO operations, the CAFO operation owner shall be required to develop and implement technically sound, economically feasible and site-specific comprehensive nutrient management plans (CNMPs) in accordance with the latest technical guidance of the natural resources conservation service. Additionally, CAFO operations shall be required to obtain a state pollutant discharge elimination system (UPDES) general approval for concentrated animal feeding operations (Permit No. UTG080000), issued by the State Department of Environmental Quality (DEQ). In the event that the State Department of Environmental Quality is unable or unwilling to accept a UPDES permit application, the County Planning Commission shall require as a condition of the conditional use permit, standards equal to that required by UPDES Permit No. UTG080000 and reviewed by an engineer selected and agreed upon mutually by the applicant and the County Planning Commission, and paid for by the applicant. All CAFO operations shall prepare a “Best Management Plan for Odor Control,” required by this chapter, as part of the CUP application process. All CAFO operations must use the best wastewater treatment technology available at the time of permitting to protect the public health, safety, welfare and water/air quality. Best wastewater treatment technology puts primary emphasis on the prevention of groundwater contamination, control of air contaminants and odors. The county recognizes that the swine industry, government and society are taking steps to develop and implement new technology that will protect the environment and the economy. The county has determined that open-air anaerobic lagoons are not considered adequate wastewater treatment technology for large swine operations. The intent of this provision is to require superior waste disposal technologies to be described as “best available technology” as accepted by the State Department of Environmental Quality.
(B) The County Planning Commission and County Commission shall approve a CAFO application if said application satisfies all the requirements of this subchapter.
(Ord. 2022, passed - -)