(A) Title. This section shall be known, cited and referred to as the St. Michael Feedlot Ordinance.
(B) Statutory authority. This section is adopted pursuant to the authorization and policies contained in M.S. §§ 103B.301 through 103B.335, Minnesota Pollution Control Agency Rules, Parts 7020.0100 through 7020.1900, and M.S. § 412.221, Subd. 32.
(C) Intent and purpose.
(1) The production of farm animals and other agricultural products is an important part of the history, environment, and economy of the city. Livestock, poultry, dairy products, and other agricultural commodities are produced within the city for consumption in the state, the United States, and foreign countries. The continued health of the agricultural community and the production of these products are essential to the economic well being of the city and its residents.
(2) The city also contains a wealth of natural resources including an abundance of surface and ground water. These resources must be protected from pollution to ensure the health of the public and to maintain safe, high quality water for recreational, residential, agricultural, and commercial use. The following regulations have been established to protect natural resources and the quality of life in the city while recognizing the importance of animal agriculture and the beneficial uses of animal manure in the production of agricultural crops.
(3) It is the intent and purpose of this section to allow for the continued production of agricultural commodities and to maintain a healthy agricultural community within the city while ensuring that animal feedlots and animal wastes are properly managed to protect the health of the public and the city’s natural resources.
(4) Therefore, this section is adopted for the purpose of:
(a) Establishing a procedure for the permitting of feedlots.
(b) Regulating the location, development, operation and expansion of feedlots.
(c) Promoting best farm management practices.
(d) Protecting ground and surface water resources.
(e) Minimizing environmental problems.
(D) General provisions.
(1) Jurisdiction. The jurisdiction of this section shall apply to all the areas within the corporate limits of the city.
(2) Scope.
(a) From and after the effective date of this section and subsequent amendments, the use of all land and every building or portion of a building used for a feedlot or as part of a feedlot in the city shall be in conformity with the provisions of this section. Pre-existing structures which are not in conformity with the setback and area provisions of this section, but were in conformity with the standards established by the Zoning Ordinance and the County Zoning Ordinance, when applicable, shall be allowed if a potential pollution hazard does not exist and the registration procedures in division (G) are complied with.
(b) A feedlot that is non-conforming because of excessive animal unit numbers, which exists at the time of adoption of this section, may be continued, provided that the number of animal units does not increase. Whenever a non-conforming feedlot has reduced its animal unit numbers over a period of more than one year to a lesser number of animal units, such animal unit numbers shall not thereafter be increased.
(3) Application.
(a) In the city’s interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and welfare.
(b) Where the conditions imposed by any provision of this section are either more restrictive or less restrictive than comparable conditions imposed by any other applicable law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall prevail.
(4) Measurements. All stated and measured distance shall be taken to the nearest integral foot. If a fraction is one-half foot or less, the integral foot next below shall be taken.
(5) Compliance. The use of any land for the establishment, expansion, or management of an animal feedlot shall comply with the provisions of this section, the Zoning Ordinance, and the provisions of Minnesota Pollution Control Agency Rules, Chapter 7020.
(E) Definitions.
(1) Rules of interpretation. For the purpose of this section, certain terms or words used herein shall be interpreted as follows:
(a) The word “shall” is mandatory, and not discretionary; the word “may” is permissive; the word “person” shall include individuals, businesses and corporations;
(b) 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;
(c) Words shall be given their common usage if not defined;
(d) The words “used for” shall include the phrases “arranged for,” “intended for,” “maintained for” and “occupied for”;
(e) The masculine gender shall include the feminine and neuter;
(2) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Except for those words and phrases defined below, the words and phrases used in this section shall be interpreted to be given the meaning in common usage, so as to give this section its most reasonable application.
AGENCY. The Minnesota Pollution Control Agency as established in Minnesota Statutes, also sometimes referred to as the MPCA.
ANIMAL MANURE. Poultry, livestock or other animal excreta or a mixture of excreta with feed, bedding or other materials.
ANIMAL UNIT. A unit of measure used to compare differences in the production of animal manures which has as a standard the amount of manure produced on a regular basis by a slaughter steer or heifer. For purposes of this section, the definition and units of measure contained in Minnesota Rules Part 7020.0300, Subpart 5 shall apply.
BLUFF IMPACT ZONE. Bluff impact zone means a bluff and land located within 20 feet from the top of a bluff.
BUILDING. Any structure having a roof which may provide shelter or enclosure of persons, animals, chattel, or property of any kind and when said structures are divided by party walls without openings, each portion of such building so separated shall be deemed a separate building.
BUILDING, AGRICULTURAL. All buildings, other than dwellings, which are incidental to a farming operation.
CITY OF ST. MICHAEL, MINNESOTA. City, municipal corporation, or municipality.
CITY COUNCIL. The governing body for the City of St. Michael.
COMMISSIONER. The Commissioner of the Minnesota Pollution Control Agency whose duties are defined in Minnesota Statutes.
CONDITIONAL USE PERMIT. A permit specifically and individually granted by the City Council pursuant to the provisions of this chapter.
CONSTRUCTION SHORT FORM PERMIT. A permit giving permission for construction or expansion of a feedlot or manure storage area when, as determined by the city, there is not a pollution hazard.
COUNTY. Wright County, Minnesota.
DOMESTIC FERTILIZER. An animal manure that is put on or injected into the soil to improve the quality or quantity of plant growth; or animal manure that is used as compost, soil conditioners, or specialized plant beds.
DRAINAGE WAY. Any natural or artificial water course, including but not limited to streams, rivers, creeks, ditches, channels, canals, conduits, culverts, waterways, gullies, ravines, or washes, in which waters flow in a definite direction or course, either continually or intermittently; and including any area adjacent thereto which is subject to inundation by reason of overflow or floodwater.
FAMILY. One or more persons each related to the other by blood, marriage, adoption, or foster care, or a group of not more than three persons not so related, maintaining a common household and using common cooking and kitchen facilities.
FAMILY, IMMEDIATE. Persons related by blood, marriage, or certified legal instrument.
FEEDLOT ADMINISTRATOR. The City’s Zoning Administrator, or other staff as directed by the Zoning Administrator, which may include a county employee, appointed by the County Board of Commissioners, working with the city to administer the provisions of this section. The Feedlot Administrator shall have the same duties and powers as a Feedlot Officer as defined by Minn. Rule 7020.
FEEDLOT, ANIMAL. 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. Pastures shall not be considered animal feedlots under these rules. Fish farms [aquaculture] shall be considered feedlots for the purposes of this section.
FEEDLOT, NEW ANIMAL. 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.
FEEDLOT, OPERATOR. A person, corporation, group of individuals, partnership, joint venture, owner or any other business entity having charge or control of one or more animal feedlots, poultry lots or other animal lots.
FEEDLOT PERMIT. A document issued by the agency, city, or county which contains requirements, conditions, and compliance schedules relating to the discharge of animal manure pollutants.
FEEDLOT, RUNOFF. The movement of water from a feedlot, either in the form of rainfall, snow melt, or as water from a waterway, ditch, drainage way, and the like passing over a feedlot, carrying particles of manure into a body of water or to a channelized flow environment and thereby constituting a potential pollution hazard.
FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas.
FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or discharge may be equalled or exceeded.
FLOOD FRINGE. That portion of the flood plain outside of the floodway. FLOOD FRINGE is synonymous with the term “floodway fringe” used in the Flood Insurance Study for the city.
FLOOD PLAIN. The beds proper and the areas adjoining a wetland, lake, or watercourse which have been or hereafter may be covered by the regional flood and as defined in § 155.365.
HOLDING POND. A storage facility, usually earthen, where feedlot runoff and other diluted wastes are stored before final disposal. It is not designed for treatment of waste.
IMMEDIATELY INCORPORATED. Manure or process wastewaters tilled into the soil within 24 hours of application and prior to rainfall.
INTERIM PERMIT. A permit identifying the necessary corrective measures to abate potential pollution hazards and defining a length of time to correct the problem.
LAGOON, ANIMAL. An impoundment made by excavation of earth fill and/or construction of an earthen berm for the biological treatment of animal or other agricultural waste.
MAJOR GROWTH AREAS. Areas within the city where a combination of uses in an urban or near-urban environment is likely to develop over the long term, as designated in the City Land Use Plan.
MANURE STORAGE AREA. An area where animal manure or runoff containing animal manure is stored or placed until it can be utilized as domestic fertilizer or removed to a permitted animal manure disposal site.
NRCS. The Natural Resource Conservation Service of the USDA, a federal agency.
OWNER. Any person having possession, control or title to an animal feedlot.
PARCEL. Lot of record as defined by the St. Michael Zoning Ordinance.
PASTURES. Areas where grass or other growing plants are used for grazing and where the concentration of animals is such that a vegetative ground cover is maintained during the growing season except in the immediate vicinity of temporary supplemental feeding or watering devices.
PERSON. Includes a firm, association, organization, partnership, trust, company, corporation, as well as an individual.
PLANNING COMMISSION. The St. Michael Planning Commission, except when otherwise designated.
POTENTIAL POLLUTION HAZARD. A condition which indicates a potential for pollution of land and/or waters including, but not limited to:
1. An animal feedlot or manure storage area whose construction or operation will allow a discharge of pollutants to surface water or ground water of the state in excess of applicable standards, including, but not limited to, Minnesota Rules, Chapter 7050, during a rainstorm event of less magnitude than the 25 year, 24-hour event, or will violate any city, state or county rules or ordinances.
2. An animal feedlot or manure storage area located within shore land or flood plain.
PROCESS WASTEWATERS. Waters and/or precipitation, including rain or snow, which comes into contact with manure, litter, bedding, or other raw material or intermediate or final material or product used in or resulting from the production of animals, poultry, or direct products, such as milk or eggs.
SHORELAND. Any area contained within the Shoreland Overlay District of the St. Michael Zoning Ordinance.
SPECIAL PROTECTION AREA. Land within 300 feet of all:
1. Protected waters and protected wetlands as identified on the Department of Natural Resources Protected Waters and Wetlands Map for Wright County; and
2. Intermittent streams and ditches identified on United States Geological Survey quadrangle maps, excluding drainage ditches with berms and segments of intermittent streams which are grassed waterways.
SWCD. The Wright Soil and Water Conservation District.
USDA. United States Department of Agriculture.
WATERS OF THE STATE. All streams, lakes, 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 thereof.
(F) Administration.
(1) Administrator. This section shall be administered by the Feedlot Administrator, with assistance from the county and the Wright Soil and Water Conservation District.
(2) Duties and powers. The Feedlot Administrator shall have the following duties and powers:
(a) Administer and enforce this section.
(b) Issue construction short form permits and interim permits.
(c) Receive and forward applications for state administered permits together with city and/or county recommendations to the Minnesota Pollution Control Agency.
(d) Supervise the keeping of all necessary records including those related to feedlot and manure management and construction of manure storage and runoff control structures and/or practices.
(e) Consult with county, SWCD, NRCS, MPCA and private consultants as necessary to ensure construction standards are followed on manure handling and runoff control structures.
(f) Maintain a record of all permits and registration material.
(g) Provide and maintain a public information bureau relative to this section.
(h) Educate the public and feedlot operators to issues of this section such as potential feedlot pollution problems.
(i) Oversee the inspection of feedlot operations to ensure compliance with this section.
(j) Consult with other city and county departments, state and federal agencies, and private consultants as needed to discharge these duties.
(k) Fulfill the requirements of a county feedlot pollution control officer as set out in Minnesota Rules Part 7020.1600, Subpart 2.
(3) Administered by the city. The Feedlot Administrator shall review applications and process as follows:
(a) All permit applications shall be processed in accordance with Minnesota Rules Part 7020.1600, Subpart 4a.
(b) Applications for state administered feedlots shall be first submitted to the Feedlot Administrator. After review, the application and comments shall be forwarded to the agency.
(c) No building permits directly related to the confined feeding, breeding, raising or holding of animals, or the handling or storage of manure shall be issued until a construction short form permit or interim permit, if required, has been issued by the agency or city.
(4) Administered by the state. The Feedlot Administrator shall forward to the Commissioner, with recommendations and comments, all animal feedlot permit applications which fall within one or more of the following categories:
(a) Animal feedlots that are required to obtain a permit under Minnesota Rules 7020.0405, Subpart 1A and B. This includes all feedlots of 1,000 animal units or more;
(b) Animal feedlots where manure is not used as a domestic fertilizer; or
(c) Animal feedlots for which further technical review is desired by the Feedlot Administrator.
(5) Variances.
(a) A variance from this section may be granted when the city determines that granting the variance would not result in adverse environmental effects and if the criteria for granting variances under § 155.442 are met.
(b) Any person seeking a variance shall comply with those requirements as set forth in § 155.442 of this chapter.
(G) Registration and permits.
(1) Registration. Registration shall be required for all animal feedlots of ten animal units or more on a four-year cycle following the guidelines contained in Minnesota Rules Part 7020.0350, Subpart 4, including:
(a) A registration form shall be made available by the Feedlot Administrator and will include the information required under Minnesota Rules Part 7020.0350, Subpart 1.
(b) Any person owning or operating an existing animal feedlot without a current registration or feedlot permit from the city, county or the agency shall register the feedlot operation with the Feedlot Administrator.
(c) A registered animal feedlot shall secure city, county and/or state permits when required under this section.
(2) Permit required. Any person owning or operating a proposed or existing animal feedlot having ten animal units or more in a shoreland area, or 50 animal units or more anywhere else, shall make application to the Feedlot Administrator for a feedlot permit if any of the following conditions exist:
(a) A new animal feedlot is proposed.
(b) A change in operation of an existing animal feedlot is proposed; a change in operation includes:
1. A change in the construction or operation of an animal feedlot that would significantly or adversely affect the storage, handling, utilization, or disposal of animal manure;
2. An increase beyond the registered number of animal units;
3. Any construction of a building or the expansion of a dirt or concrete lot that contains livestock; or
4. An increase in the number of animal units to 10 or more which are confined at an unregistered animal feedlot;
(c) A National Pollutant Discharge Elimination System (NPDES) permit application is required under state or federal rules and regulations; or
(d) An inspection by agency staff or the Feedlot Administrator determines that the animal feedlot creates or maintains a potential pollution hazard, and the feedlot has not signed up for the 2005 to 2010 (and as amended from time to time) Open Lot Certification under Minnesota Rules Part 7020.2003, Subparts 4 through 6.
(3) Shoreland review required. Any animal feedlot of ten animal units or less, which is located within the Shoreland Zoning District as designated under § 155.405, may be reviewed by the Feedlot Administrator to determine if a potential pollution hazard exists. The Feedlot Administrator may place conditions upon the operations of such animal feedlots to limit their impact on surface water quality.
(4) Permit application. A permit application shall include the following:
(a) Owner’s and operator’s name and address.
(b) Location, or proposed location, of the animal feedlot including quarter, section, range and township.
(c) Animal types and maximum number of animals of each type which will be confined at the feedlot.
(d) A scale drawing clearly indicating the dimensions of the feedlot and showing all existing homes, buildings, existing manure storage areas and/or structures, lakes, ponds, water courses, wetlands, dry-runs, rock outcroppings, roads and wells within 1,000 feet of the proposed feedlot.
(e) Descriptions of the soil types, ground water elevations, topography, and drainage pattern of the site and surrounding area.
(f) Plans for buildings and structures as required by this section and/or other city, county and state ordinances and regulations.
(g) A manure and waste management plan including:
1. Manure handling and application techniques;
2. Acreage available for manure application;
3. Run-off potential;
4. Plans for proposed manure storage or pollution abatement structures; and
5. Plans for the proper disposal of dead livestock;
(h) Leases or agreements allowing the applicant to dispose of manure on land other than his own.
(i) Application fees, permit fees, and such other fees as established by resolution of the City Council from time to time.
(j) Persons applying for a new animal feedlot or animal feedlot expansion with a capacity of 500 animal units or more shall provide evidence of compliance with the notice requirements contained in M.S. § 116.07, Subd. 7a.
(5) Duration of construction short form permits and interim permits. All construction short form permits and interim permits expire within 24 months of the date of issuance, and may be extended only under the provisions contained in Minnesota Rules Part 7020.0535, Subpart 5.
(H) Minimum standards.
(1) Minimum area and animal density. A minimum area of four acres, or such greater area, required to meet all setbacks set forth by zoning ordinance shall be required for animal feedlot operations. On lots larger than four acres in the A-1, AP, RR, R-1, R-1a, R-2, R-3, R-4, and I-1 zoning districts, animals shall be allowed at a maximum density of one-half animal unit per acre, with the following conditions:
(a) Any new animal feedlot or animal feedlot expansion, which is required to register under this section, must be located in an A-1 or AP Zoning District and may not be located in any other Zoning District.
1. Any new animal feedlot, up to a maximum of 300 animal units, of which any part is located in an area designated as Phase One, Phase Two, or Phase Three in the city’s Comprehensive Plan Phasing Plan.
2. An animal feedlot expansion, up to a maximum of 500 animal units, of which any part is located in an area designated as Phase One, Phase Two, or Phase Three in the city’s Comprehensive Plan Phasing Plan.
3. Any animal feedlot expansion which causes the facility to meet or exceed 500 animal units.
These restrictions shall not apply to farm operations existing prior to the adoption of this section, but shall apply to any expansion of an existing farm operation. Parcel size in all districts is determined using all adjoining parcels under common ownership.
(c) Additional land. The animal feedlot owner shall own or have sufficient additional land under contract to meet the manure utilization requirement for spreading of manure produced in their feedlot. The Feedlot Administrator shall retain copies of all written agreements between the feedlot operators and lessors or any person who permits land application of manure. No land area may be subject to more than one such agreement.
(d) Building, holding basin, lagoon, and manure storage area setbacks. No permits shall be issued for the construction of an open-air clay, earthen, or flexible membrane lined swine waste lagoon or holding pond. This prohibition does not apply to repair or modification related to an environmental improvement of an existing lagoon or holding pond, nor does it apply to containment basins constructed to handle runoff only from existing animal feedlots, as necessary to correct a potential pollution hazard. Livestock buildings, manure holding basins, lagoons, and manure storage areas shall be constructed, operated and maintained so as to minimize the aesthetic, health, odor and pollution concerns associated with neighboring properties and land uses. The following setbacks shall apply:
1. Property lines.
a. 100 feet: All buildings housing livestock, open feedlots and solid manure storage areas, including short term stockpiling sites.
b. 200 feet: Liquid manure storage areas in compliance with Minnesota Rules, Part 7020.2100.
2. Neighboring properties.
a. Pre-ordinance feedlots. The modifications and/or expansion of existing animal feedlots and/or permanent manure storage areas that are located within 500 feet of an existing dwelling unit may be allowed, if they do not further encroach on the established setback. Existing feedlots that are within 1,000 feet of an existing dwelling may not expand to more than 499 animal units, unless a Conditional Use Permit (CUP) is obtained. When an expansion requires a CUP, the City Council shall consider the impact on pre-existing dwelling units within 1,000 feet and may require that the expansion meet the standards of a new feedlot.
b. Post-ordinance feedlots.
(i) No permits for a new dwelling unit shall be issued within 500 feet of an existing registered and/or permitted animal feedlot or permanent manure storage area of ten to 499 animal units, nor within 1,000 feet of an existing registered and/or permitted animal feedlot or permanent manure storage area of 500 or more animal units unless a variance is obtained under § 155.442 of this chapter.
(ii) No permits shall be issued for the construction and/or creation of a new animal feedlot or permanent manure storage area requiring registration and/or a permit of ten to 499 animal units that is located within 500 feet of an existing dwelling, nor for the construction and/or creation of a new animal feedlot or permanent manure storage area of 500 or more animal units within 1,000 feet of an existing dwelling unless a variance is obtained under § 155.442 of this chapter.
(iii) An animal feedlot that currently does not need to register and is located within 500 feet of a dwelling owned by a person other than an immediate family member may not expand to such a number of animal units that would require registration and/or a permit.
c. Commercial/industrial/public/institutional activity. Five hundred feet from any area zoned B-1, B-2, B-3, I-1, or P/I under the St. Michael Zoning Ordinance.
d. Owners and operators. Owners and/or operators of an existing feedlot, a proposed feedlot, or a feedlot modification or expansion, and their immediate family, shall be exempt from the setback requirements set forth in this section, with respect to any dwellings or feedlot improvements owned by them.
(2) Valid minimum standards and existing operation setbacks. The standards set above are minimum standards that may be increased by the City Council during the conditional use permit issuance process due to concerns or circumstances unique to a specific feedlot permit application. Animal feedlots in active operation prior to the adoption of this section shall comply with the standards of this section whenever possible when a change in operation, animal numbers, or new livestock facility is proposed.
(3) Wetland setback. The provisions of this section apply only to those areas which are not designated as Shoreland Overlay District under the St. Michael Zoning Ordinance.
(a) No new animal feedlots or manure storage areas shall be located within 300 feet of any protected waters or wetlands identified on the Department of Natural Resources Protected Water and Wetlands Map for the county.
(b) Modifications or expansions to existing animal feedlots or manure storage areas that are located within 300 feet of any protected waters or wetlands identified on the Department of Natural Resources Protected Water and Wetlands Map for the county are allowed as long as the expansion does not further encroach into the wetland or pose a potential pollution hazard.
(c) No new animal feedlot or manure storage areas shall be allowed within 100 feet of a wetland of types 3, 4, or 5.
(d) Modifications or expansions to existing animal feedlots or manure storage areas that are located within 100 feet of a wetland of types 3, 4 or 5 are allowed as long as the expansion does not further encroach into the wetland or pose a potential pollution hazard.
(4) Well setback.
(a) New animal feedlots or manure storage areas shall not be located within 100 feet of a private well.
(b) Modifications or expansions to existing animal feedlots or manure storage areas that are located within 100 feet of a private well are allowed if the expansion does not further encroach into the well setback.
(5) Well head protection areas. Feedlot and manure management practices may be further regulated within Well Head Protection Zones established by the city or Joint Powers Water Board (JPWB).
(6) Shoreland.
(a) New animal feedlots or manure storage areas shall not be located within any area classified as the Shoreland Overlay Zoning District under § 155.405 of this chapter, nor in the bluff impact zones.
(b) Modifications or expansions to animal feedlots that existed as of October 16, 2000, and that are located within any area classified as the Shoreland Overlay District under § 155.405 of this chapter or within a bluff impact zone are allowed, if they do not further encroach into the shoreland setback, do not further encroach on bluff impact zones, if all identified pollution hazards are corrected, and if they obtain a feedlot permit.
(7) Disposal of animal carcasses. The animal feedlot owner shall provide a plan indicating the method to be used for the disposal of animal carcasses.
(a) The plan for dead animal disposal shall be consistent with the Minnesota Board of Animal Health Regulations Minnesota Rules Chapter 1719.
(b) The disposal plan shall include the name and location of any rendering service to be used and methods for protecting carcasses from scavengers.
(c) Animal carcasses, either whole, partial, or ground-up, shall not be disposed of in the manure storage structure.
(8) Coordination with the City of St. Michael Zoning Ordinance. All provisions of this section shall be coordinated with and referenced to the St. Michael Zoning Ordinance to ensure the compatibility and comprehensive coverage of the feedlot and other requirements of Zoning Ordinance.
(I) Prohibited locations of feedlots. No new animal feedlot shall be constructed within any 100-year flood plain.
(J) Land application of manure. All land application of manure or process wastewater shall comply with Minnesota Rules, Part 7020.2225.
(K) Restrictions of land application sites.
(1) Soil loss in shoreland areas. Land application of manure or process wastewater shall not be allowed on soils within shoreland that exceed allowable soil loss as set by the NRCS with assistance from the SWCD unless a conservation plan that will reduce soil loss to the allowable level is developed and is showing progress towards implementation within one year of issuance of a feedlot permit or interim permit.
(2) Right-of-way. Manure or process wastewater shall not be applied to the right-of-way of public roads.
(3) Frozen or snow-covered soils. Manure or process wastewater shall not be applied to frozen or snow-covered soils in special protection areas.
(4) Lakes and perennial streams. A minimum distance of 300 feet shall be maintained between surface applications of manure or process wastewaters and all lakes and perennial streams on unfrozen soils. In cases when manure is injected or immediately incorporated, or if there is at least a 100-foot perennial buffer, the separation distance may be reduced to 100 feet on unfrozen soils.
(5) Other special protection areas. A minimum distance of 300 feet shall be maintained between surface applications of manure or process wastewaters and all other special protection areas on unfrozen soils. In cases where manure is injected or immediately incorporated, or if there is at least a 50-foot perennial buffer, the separation distance may be reduced to 75 feet on unfrozen soils.
(6) Flood plain. Manure or process wastewater applications in the Flood Plain Overlay District as defined by § 155.365 of this chapter shall comply with the following requirements:
(a) No application to frozen or snow covered soils in the flood plain.
(b) Any application to unfrozen soils in the flood plain shall be immediately incorporated into the soil.
(7) Drainage ditches. If no potential pollution hazard exists, a minimum distance of one rod or 16.5 feet shall be maintained between surface applications of manure or process wastewater and drainage ditches or grassed waterways unless classified as a wetland or protected water.
(8) Private wells. If no potential pollution hazard exists, a minimum distance of 100 feet shall be maintained between all applications of manure or process wastewater and any private water supply well.
(9) Public wells. If no potential pollution hazard exists, a minimum distance of 300 feet shall be maintained between all application of manure or process wastewater and any public water supply well.
(10) Residences. Manure or process wastewater shall not be applied within 100 feet of a residence without injecting or immediate incorporation into the soil unless permission in the form of a written agreement is granted by the resident. When determining the distance between a residence and manure application, the distance shall be measured from the residence, not property lines, to manure application.
(11) Treatment or disposal. Any manure or process wastewater not utilized as domestic fertilizer shall be treated or disposed of in accordance with applicable state laws and regulations.
(12) Irrigation of liquid manure. The application of liquid manure or process wastewater by irrigation is prohibited unless a liquid manure irrigation plan for the feedlot has been submitted to and approved by the Feedlot Administrator. The liquid manure irrigation plan must contain a description of the specific irrigation process proposed, amounts and frequency of application, analysis of the nutrient content of the manure or a proposed sampling schedule for the manure, a description of the land to be used, and a description of the methods to be used to limit aesthetic and odor problems with neighbors. The Feedlot Administrator shall provide the SWCD with copies of liquid manure irrigation plans for review and comment before approval is given.
(L) Manure storage and transportation.
(1) Compliance with state and local standards. All animal manure shall be stored and transported in conformance with Minnesota Pollution Control Agency Rules 7020 and the Feedlot Ordinance.
(2) Potential pollution hazard prohibited. No manure storage area shall be constructed, located, or operated so as to create or maintain a potential pollution hazard unless a certificate of compliance or a permit has been issued by the MPCA.
(3) Vehicles, spreaders. All vehicles used to transport animal manure on public roads shall be leak proof. Manure spreaders with end gates shall be in compliance with this provision provided the end gate works effectively to restrict leakage and the manure spreader is leak proof.
(4) Utilization as domestic fertilizer. Animal manure, where utilized as domestic fertilizer, shall not be stored for longer than one year.
(5) Run-off control structures. All manure storage areas shall have run-off control structures to contain the liquid if the storage area is located where a potential pollution hazard exists.
(6) Storage capacity. A manure utilization plan specifying storage capacity adequate for the type and quantity of manure generated by the animal feedlot shall be developed as part of the permit process.
(7) Liquid manure storage areas. All liquid manure storage areas must comply with the provisions of Minnesota Rules Part 7020.2100.
(8) Steel tanks. No steel tanks shall be used for underground manure storage.
(M) Violations and enforcement.
(1) Violations. Any person who shall violate any of the provisions of this section or who shall fail to comply with any of the provisions of this section or who shall make any false statement in any document required to be submitted under the provisions of this section, shall be guilty of a misdemeanor. Each day that a violation continues shall constitute a separate offense.
(2) Enforcement.
(a) Stop work orders. Whenever any construction or animal feedlot activities are being done contrary to the provisions of this chapter, the Feedlot Administrator may order the work stopped by written notice personally served upon the owner or operator of the feedlot. Such construction or animal feedlot activities shall cease and desist until subsequent authorization to proceed is received from the Feedlot Administrator, or its designee.
(b) Revocation or suspension. Whenever any animal feedlot is operated in violation of the conditions set forth on the permit, interim permit or certificate of compliance, said permit may be subject to revocation or suspension upon written notice personally served upon the owner or operator of the feedlot.
(c) Interference prohibited. No person shall hinder or otherwise interfere with the Feedlot Administrator in the performance of duties and responsibilities required pursuant to this section.
(d) Access to premises. Upon the request of the Feedlot Administrator, the applicant, permittee or any other person shall allow access at any reasonable time to the affected premises for the purposes of administering and enforcing this section. Refusal to allow reasonable access to the Feedlot Administrator shall be deemed a violation of this section, whether or not any other specific violations are cited.
(e) Injunctive relief and other remedies. In the event of a violation of this section, the Feedlot Administrator may institute appropriate actions or proceedings, including the seeking of injunctive relief, to prevent, restrain, correct or abate such violations. All costs, including reasonable attorney fees, incurred for such enforcement action may be recovered by the city in a civil action in any court of competent jurisdiction. These remedies may be imposed upon the owner, operator, applicant, permittee, installer, or other responsible person either in addition to or separate from other enforcement actions.
(3) Reporting of spills and accidental discharges. Owners and operators of animal feedlots shall immediately report to the Feedlot Administrator any accidental discharge of animal manure from a lagoon or holding pond.
(N) Abandonment/accidental discharge. Owners and operators of animal feedlots shall have joint and several liability for clean-up, closure or remediation of abandoned animal feedlot sites as well as for the clean up or remediation of the effects of spills and accidental discharges. At the discretion of the city, such costs may be certified to the County Auditor as a special tax against the real property involved.
(Ord. 0807, passed 10-14-08; Am. Ord. 1401, passed 1-28-14; Am. Ord. 2001, passed 7-14-20)