Chapter 38 Waste Hauler Certification Ordinance 38.01 Authority 38.02 Purpose, Findings and Intent 38.03 Interpretation 38.04 Abrogation and Greater Restrictions 38.05 Definitions 38.06 Permit Required 38:07 Commercial Manure Applicator Service
08
commercial Manure Applicator Service Representative 38.09 Exceptions to the Commercial Manure Applicator Service Representative Requirement 38.10 Private Manure Applicator 38.11 Exceptions to the Private Manure Applicator Requirement 38.12 Permit Application process 38.13 Permit Conditions 38.14 Manure Certification 38.15 Certification Card 38.16 Applicators Certified in Other States 38.17 Record Keeping and Retention Requirements 38.18 Manure Application Requirements 3 8.
38.19 Separation Distances 38.20 Reporting Spills 38.21 Enforcement 38.22 Disciplinary Action 38.23 Investigations 38.24 Habitual Violators 38.25 Clean-up Costs 38.26 Severability 38.27 Effective Date 38'01 Authoritlr. Pursuant to the authority granted to the Kewaunee County Board of supervisors under sections 59.02, 59.03, 59.04, 59.54(6) and 59.5i(3) of the Wisconsin Statutes and to promote and protect public health, safety, general welfare, and^to- preserve public peace and good order within Kewaunee County, the Board of Supervisors does hereby *d ordain the this Waste Hauler
"ru"t
Certifi cation Ordinance.
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38.02
Purpose. Findings and Intent. The residents of the county depend exclusively on groundwater for a safe drinking water supply. Certain practices and activities can seriousiy threaten or degrade groundwater quality. The purpose of this articie is to institute regulations and restrictions to protect water supplies. Regulation of liquid manure hauling operations and liquid manure application promote public health,
safety, general welfare and preserve public peach and good order within Kewaunee County.
In its
interpretation and application, the provisions of this Ordinance shall be liberally constructed in favor of Kewaunee County and shall not be construed to be a limitation or repeal of any other power granted by the Wisconsin Statutes.
38.03 Interpretation.
38.04 Abrogation and Greater Restrictions. It is not intended by this Ordinance to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to law.
38.05 Definitions. (1) (2)
(3)
(4)
(s)
"Liquid manure" means manure with a solids content of less than l2o/o. (wr NR243) "Manure" means a material that consists primarily of litter or excreta, treated or untreated, from livestock, poultry or other animals. Manure includes material mixed with runoff, or bedding contaminated with litter or excreta. (WI NR243) "Process wastewater" means wastewater from the production area directly or indirectly used in the operation of animal feeding operation that results from any or all of the following: (WI NR243) (a) Spillage or overflow from animal or poultry watering systems (b) Washing, cleaning, or flushing pens, barns, manure pits or other animal feeding operation facilities (c) Direct contact swimming, washing or spray cooling of animals or dust control (d) Water that comes into contact with any raw materials or animal byproducts including manure, feed, milk, eggs or bedding. "Commercial manure applicator service" means a sole proprietor or business association engaged in the business of transporting, handling, storing, or applying manure for a fee. "Commercial manure applicator service representative" means a natural person who is any of the following: (a) A manager of a commercial manure applicator service. As used in this paragraph a "manager" is a person who is actively involved in the operation of a commercial manure applicator service and takes . an important part in making management decisions substantially Chapter 38 Page 2
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(6) (7) (8)
(9) (10) (11)
contributing to or affecting the success of the commercial manure applicator service. (b) An employee, agent, or contractor of a commercial manure applicator service, if the person is engaged in transporting, handling, storing, or applying manure on behalf of the commercial manure applicator service. "Priyate manure applicator" means a person, other than a commercial manure applicator service or a commercial manure applicator service representative, who applies manure on land if the manure originates from a manure storage structure. "Document" means any form required to be processed by the County under this chapter regulating animal waste hauling and liquid manure application operations. "Frozen ground" means soil that is impenetrable due to frozen soil moisture but does not include soil that is only frozen to a depth of two inches or less. "Karst terrain" means land having karst formations that exhibit surface and subterranean features of a type produced by the dissolution of limestone, dolomite, or other soluble rock and characteized by closed depressions, sinkholes, or caves. "Snow covered ground" means soil covered by one inch or more of snow or soil covered by one-half inch or more of ice. "Spray ircigation equipment" means mechanical equipment used for the aerial application of liquid manure, if the equipment receives manure from a manure storage structure during application via a pipe or hose connected to the structure, and includes a type of equipment customarily used for the application of liquid manure to aid the growing of general farm crops.
38.06 Permit Required. No person or entity shall transport, handle, store or apply manure to land as a commercial manure applicator service, a commercial manure applicator service representative or private manure applicator in Kewaunee County unless the person or entity obtains a permit from Kewaunee County.
38.07 Commercial Manure Applicator Service. A person shall not engage in business of a commercial manure applicator service unless the County issues
the the
person a commercial manure applicator service permit. (1) The County shall not issue a permit to a commercial manure applicator service unless each manager of the commercial manure applicator service is certified as a commercial manure applicator service representative. (2) The county shall not issue a permit to a commercial manure applicator service if the permit for the commercial manure applicator service has been revoked within the previous three years or a person who holds a controlling interest in the commercial manure applicator service held a controlling interest in another commercial service which has been revoked within the previous three years. Chapter 38 Page 3
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(3)
(4)
(s)
The County may impose conditions or limitations upon the permit. The issuance of a permit shall not be conditioned upon providing a bond or maintaining a ceriain financial condition. A commercial manure applicaior service shall be issued a single permit regardless of the number of sites where the commercial manure applicator service operates offices. A permit application must be submitted to the County on a form furnished by the County according to procedures required by the County. The permit shall expire on January 31 of each year. A commercial manure applicator service shall be charged a permit fee as set by the County.
38.08 Commercial Manure Applicator Service Representative. Each representative must be associated with a licensed business. A new representative who is not yet certified can apply manure for the first 30 days after their initial employment if they are directly supervised by a certified representative. The certified person must be physically present at the application site and be within sight or hearing communication with the new representative at all times. The new representative must become certified after 30 days. (1) If a commercial manure applicator service pays the certification fee for a representative, the service may substitute representatives. The substituted representative must be certified as required under this ordinance. (2) A service must notify Kewaunee County within 30 days of terminating or hiring a representative. (3) If a commercial manure applicator service representative pays their own certification fee and they leave a service, their current certification number will be voided and they will be assigned a new certification number associated with the new service.
38.09 Exceptions
to the Commercial
Manure Applicator Service Reoresentative
Requirement. This Section shall not require a person to be certified as a commercial manure applicator service representative if any of the following applies:
(1)
The person is any of the following: (a) Actively engaged in farming who trades work with another such person. (b) Employed by a person actively engaged in farming not solely as a manure applicator who applies manure as an incidental part of the person's general duties. (c) Engaged in applying manure as an incidental part of a custom farming operation. (d) Engaged in applying manure as an incidental part of a person's duties as provided by rules adopted by the county providing for an exemption.
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(2)
The person transports, handles, stores, or applies manure for a period of thirty days from the date of initial employment as a commercial manure applicator service representative and aii of the foliowing apply:
(a) (b)
The person is actively seeking certification under this section.
The person is transporting, handling, storing, or applying manure under the instructions and control of a certified commercial manure applicator service representative. The commercial manure applicator service representative must be physically present at the site where the manure is located. The commercial manure applicator service representative must also be in sight or immediate communication distance of the supervised person.
38.10 Private Manure Applicator. A person shall not engage in the business of a private manure applicator unless the County issues the person a private manure applicator permit. (1) The County shall not issue a permit to a private manure applicator unless the person is certified as a private manure applicator. (2) The County shall not issue a permit to a private manure applicator if the permit for the private manure applicator has been revoked within the previous three years. (3) The County may impose conditions or limitations upon the permit. The issuance of a permit shall not be conditioned upon providing a bond or maintaining a certain financial condition. A private manure applicator shall be issued a single permit. (4) A permit application must be submitted to the County on a form furnished by the County according to procedures required by the County. The permit shall expire on January 31 of each year. (5) A private manure applicator shall be charged a permit fee as set by the County. 38.1
I
Exemptions to Private Manure Applicator Requirements. (1) Private manure applicators applyng manure from a small animal feeding operation (SAFO) are exempt from being certified. The definition of a
(2)
.
SAFO is related to animal unit (a.u.) capacity and is defined as an operation with 250 or less a.u. If a private farnning operation has more than a 250 a.u. capacity, the operator must be certified to handle, haul and apply manure. Private manure applicators may include people who are part-time employees of, or who trade work with, other active farmers. The following people are exempt from a commercial manure certification, but must still be certified as a private manure applicator: (a) Someone actively engaged in farming and trades work with another active farmer active rarmer and appries manure onrv
(b)
:,oil?:ilil:loJ#"|,ffi',
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(c)
(3)
Someone who applies manure as an incidental part of a custom farming operation (d) Someone who applies manure as an incidentai part of their job duties Private Manure Applicators are exempt from certification if they are: (a) Part-time employees or family members of a Private applicator and are under the direct instruction and control of a certified Private manure applicator who is physically present and can physically observe and communicate with the supervised person at all times. 1. Family members may be certified under one manure applicator certificate of a certified family member. This means that if you are a "spouse, parent, grandparent, child, grandchild or sibling", you can be certified under an existing certified family member's certification. The family will only have to pay one certification fee. The provisions include: 1) family members must apply for the certification within one year of the date of
primary family member certification or renewal, 2) family members must still attend training or pass the exam and pay education fee and, 3) must provide a notaized statement that you meet family member definition. The family member
(b)
38.I2
exemption only applies to private manure applicators. Employed by a research college to apply manure from an animal feeding operation that is part of the research activities or experiments of the research college.
Permit Applicatibn Process. (l) Any person or entity desiring or intending to operate an animal waste hauling and application operation in Kewaunee County shall, before operating the same, apply to Kewaunee County for a permit for such operation. Said permit application shall include at a minimum, the
following:
(a) (b) (2)
The name and address of the applicant. The name and address of the owner of the property upon which said business is intended to be operated.
Permit Year. (a)
The permit year shall commence on January 31, and shall be renewable on or before that date annually thereafter. For businesses applyrng for an initial business registration or exemption certificate after said date, the registration year shall commence on the date the registration is accepted by the County and shall be renewed annually on or before January 31 of each
(b)
The registration fee shall be due and payable on January 31 and shall be deemed to be delinquent if not paid by 5 p.m., January 31,
succeeding year thereafter.
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of that year. Registration fees are not refundable nor subject to proration. (3)
(4)
(s)
(6)
(7)
(8)
Permit Fees. (a) The initial fee, renewal fee, and late fees for registration shall be set forth in Fee Schedule as approved by the County Board. (b) No registration shall be issued until the required fees are paid. (c) A11 fees for the renewal which are not paid at the time such fees are due shall incur late fees as outlined in the Fee Schedule. Double the fee for regular and exempts will be required to pay the fee Late Fees. A late fee will be assessed to any business or representative for which applications for certification and the associated fees have not been postmarked by January 31 annually. Late fees do not apply to applicators Registration Transferal. No permit may be transferred from one business to another. A permit may be transferred for a change in location of a business. Each permit holder shall immediately notifiu the County of any change in location of a business, address, or any other change in the information provided in the permit application. Any person duly registered on the effective date of this ordinance shall be deemed registered hereunder for the balance of the current registration year. It shall be the duty of every person or registered business to report any changes in the information furnished with the current registration within five (5) business days ofsuch change. At the time of application, the applicant shall pay to Kewaunee County an application fee in the amount of $500 base fee or such other fee as may be determined by the Kewaunee County by resolution.
38.13 Permit Conditions. The Board may impose appropriate conditions upon
any
permit issued under this Ordinance as necessary to protect such residents and the health and safety of other persons living and traveling through the County. Violation of any such conditions imposed by the Board shall be deemed a violation of this Ordinance. Conditions rnay include:
(3)
Provisions tailored to site conditions including soil, slope, depth bedrock, crops grown, climate, water quality and water quantity. Provisions related to the operation and maintenance of any equipment to be utilized by an applicant. Application practices.
(4')
Operational standards.
(1) (2)
38.14 Manure Certification. A commercial manure applicator service, commercial manure applicator service representative or a private manure applicator shall not transport, handle, store or apply dry or liquid manure to land unless the person is certified. A person is not required to be certified as a private manure applicator if Chapter 38 PageT of12 History: DRAFT
the person applies manure which originates from a manure storage structure which is part of a SAFO. Each person who operates a manure applicating vehicle or equipment musi be certified individually unless exempt. (1) Persons or entities seeking certification shall demonstrate practical knowledge and competency related to transporting, handling, storage and application of dry or liquid manure to land. (2) The Board shall adopt requirements for certification, including educational program requirements. The Board may establish different educational programs designed for commercial manure applicator service representatives and private manure applicators. The county shall adopt rules necessary to administer this section, including establishing certification standards, which shall at least include standards for transporting, handling, storing, and applying manure, the, potential effects of manure upon surface water and groundwater, and procedures to remediate the potential effects on surface water or groundwater. (a) A person or entity shall not act as a commercial manure applicator service unless a manager of the commercial manure applicator service is certified. A manager shall be certified after completing an educational program which shall consist of an examination required to be passed by the manager or three hours of continuing instructional courses which the manager must attend each year in lieu of passing the examination. A manager of a commercial manure applicator service must achieve a level 3 certification as outlined in the Wisconsin Professional Manure Applicator Education standards. (b) A person required to be certified as a commercial manure applicator service representative must be certified by the county each year. The person shall be certified after completing an educational program which shall consist of an examination required to be passed by the person or three hours of continuing instructional courses which the person must attend each year in lieu of passing the examination. A commercial manure applicator service representative must achieve a level 2 certification as
outlined
(c)
in the Wisconsin
Professional Manure Applicator
Education standards. A person required to be certified as a private manure applicator must be certified by the county every three years. However, if the person is exempt from paying the certification fee because a family member has paid a certification, the person's certification shall expire on the same date that the paid family member's certification
expires. A person shall be certified after completing
.
an
educational program which shall consist of an examination required to be passed by the person or two hours of continuing instructional courses which the person must attend each year in lieu of passing the examination. A private manure applicator must Chapter 38 Page 8
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(3) (4)
a level 2
certification as outlined in the wisconsin Professional Manure Applicator Education standards. (d) Aii certification ieveis aiso require the compietion of the P}{AAW Performance Checklist at least once per year. (e) This section shall not require a person to be certified as a private manure applicator if the person applies manure which is part of a SAFO. Certifications are valid for one year unless the county suspends or revokes the certification. An individual who fails an initial examination may retake the examination not sooner than 24 hours later, on a regularly scheduled examination date. An individual who fails a second or subsequent examination may retake the examination not sooner than 30 days later, on a regularly scheduled examination date. An individual who fails 4 examinations in any category in any 6-month period may not retake the examination for at least 6 months following the date of the last failed examination. achieve
38.15 Certification Card. The Board will issue a certification card to a person or entity within 30 business days after the person or entity satisfies the requirements for certifi cation under this Ordinance.
(1)
(2) (3)
The certification card shall include the name, certification number,
a
statement the person is certified to apply manure and an expiration date.
Applicators shall carry a current certification card when engaged in any activity for which certification is required under this section. The Board may, upon request, replace a certification card that is lost, stolen, damaged, or destroyed. The card holder shall pay the replacement cost.
38.16 Applicators Certified in Other States. The county may certify an individual commercial applicator without examination if the individual is currently certified as a commercial applicator in another state and if all of the following apply: (1) The Board determines that the other state has equivatent certincation
(2) (3) (4)
standards.
The other state has never suspended or revoked its certification of that individual. The individual provides proof of certification by the other state and pays a certification fee. Certification from another state expires on January 31 of the following year in which it is issued.
38.17 Record Keepins and Retention Requirements. (1) Any commercial manure applicator service or private manure applicator shall utilize a flow meter on any equipment applyrng manure directly to land to make an electronic record of each application for which a permit is
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required. The individual shall transmit that record to the County no later
lz)
than 5 business days after the application.. Additionally, the person appiying manure directiy to land as a commercial manure applicator representative or private manure applicator shall make a daily personal record of each manure application. The commercial manure
applicator service (3)
(4)
or private manure applicator shall keep the daily
personal records for at least 2 yearc. Manure application records shall include: (a) The first and last name of the individual making the application. (b) The name and address of the customer, if any, for whom the manure was applied. (c) A specific description of the location of the application site. The description shall contain sufficient information and detail so that the location of the application site may be readily determined. (d) The month, day, year, and approximate starting and ending time of the application. (e) At least one of the following: 1. The concentration and total quantity of manure applied. 2. The amount of manure applied per unit area and the total area treated. Records kept under this section shall be made available to the county for inspection and copying upon request.
38.18 Manure Application Requirements. All private manure applicators, commercial manure applicator services and representatives must comply with state regulations for land application of manure. These regulations include: following the requirements of the manure management plan if required of the facility which they are hauling from, maintaining application records, observing and implementing separation distances for land application of manure and reporting spills or releases to the Department of Natural Resources. (1) The application of manure by irrigation is prohibited, except as provided by the Kewaunee County Waste Irrigation Ordinance. (2) The application of manure by aircraft is prohibited.
38.19 Separation Distances. Separation distances for land application of manure are defined by type of manure, type of operation, the method of application that is used and the defined protected area.
38.20 Reporting Spills.
All
persons certified under this Ordinance are required to immediately report manure spills or runoff that may affect Wisconsin's waters to the Department of Natural Resources. During normal business hours spills and releases should be reported to your local DNR field office. Spills and releases that occur after normal business hours, or on weekends or holidays should be reported to the DNR Spills Hotline and to the local sheriff s office.
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38.21 Enforcement. Any person who shall transport, handle, store or apply manure to land as a commercial manure applicator service, commercial manure applicator service representative or private manure appiicator in Kewaunee County without first obtaining a lawful permit for such operation under this Ordinance, or operates or causes the operation of such a system in a manner which violates any conditions imposed by Kewaunee County upon any such permit shall be deemed in violation of this Ordinance and Kewaunee County may take action to enjoin such violation and/or to impose a forfeiture by initiating an action in Kewaunee County Court. Any person shall upon conviction of any such violation, forfeit not less than $2,000 nor more than $10,000 plus court costs, for each day the violation continues, together with the costs of prosecution.
38.22 Disciplinary Action. The Board may issue an order to suspend or revoke the permit of a private manure applicator, commercial manure applicator service andlor its representatives, including an order to immediately suspend or revoke the permit for violations of this Ordinance. In addition, the county may suspend or revoke a private manure applicator, commercial manure applicator service's license for any of the following: (1)
(2) (3)
Committing a fraudulent act, including but not limited to engaging in a deceptive act or practice, deliberately misrepresenting or omitting a material fact in the permit application, or submitting a statement verifying that an employee may be substituted for certification without paying a fee. Knowingly assisting a person in evading the provisions of this ordinance. Knowingly employing or executing a contract with a person who acts as a commercial manure applicator service representative and who is not certified.
38'23 Investigations. Any person may file a complaint alleging that aperson or entity is transporting, handling, storing or applying manure to land in Kewaunee County in violation of this ordinance, or environmental standards or regulations subject to federal and state laws and enforced by the County. The complaint shall be in writing on a form prescribed by the Board and filed with the Kewaunee County Clerk.
(1)
(2) An investigation of the complaint will (3) (4)
occur
if
Kewaunee County
determines that the complaint is sufficient and an investigation is justified. The Board discretion shall determine the urgency the investigation, and the time and resources required to complete the
in its
of
investigation. The Board shall notify the complainant of the results of the investigation, including any anticipated, pending, or completed enforcement action arising from the investigation.
38.24 Habitual Violators. The Board may impose habittral
violator.
an increased civil penalty upon a The increased penalty may be assessed for each violation
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committed subsequent to the violation which results in classifuing the person as a habitual violator. A person may be classified as a habitual violator if the person is convicted of three or more violations as describeri in this Ordinance within a five year period. Habitual Violators of this Ordinance are ineligible for a new permit under this Ordinance for five years after the date of the last conviction.
38.25 Clean-up Costs. Any person who causes the release of any contaminants which may endanger or contaminate a private or municipal water supply system associated shall immediately cease such discharge and immediately initiate cleanup activities satisfactory to the county and state and federal regulatory agencies. In addition to any other action or remedy available to the Board, the Board may commence legal action against the persons or entities responsible for the release of contaminates to recover clean-up costs together with the costs of prosecution. The persons and entities responsible for the release shall be jointly and severally liable for the costs of cleanup, consultant or other contractor fees, including all administrative costs for oversight, review and documentation, including county employees, equipment and mileage.
38.26 Severabilitv. If any section, clause, provision or other portion of the Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance or Section of which it is a part, shall not be affected thereby. If any application of this Ordinance to a particular party is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgement shall not be applicable to any other party not specifically included in the court's judgement except as expressly ordered by the court.
38.27 Effective Date. This Ordinance shall take effect and be in force from and after the day of passage and publication as required by law.
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