§ 14-128. Construction permit requirements.

(a)

Expanded animal waste treatment works and disposal/utilization systems for any ILO (Job class II or larger) which are designed pursuant to the U.S. Department of Agriculture-Soil Conservation Service guidelines for construction of lagoons, ponds and storage structures for animal waste shall be issued a permit to begin construction of the facility only after the HCHD receives written notification from the SCS that the design does in fact meet all SCS standards for design, and after the HCHD determines that the design meets all other applicable requirements contained in this division. Any recommendations made by the SCS regarding design and construction shall be mandatory and will be incorporated into the approved animal WMP.

(1)

Expanding animal waste treatment works and disposal/utilization systems that use dry litter or waste storage pond systems of waste management shall be designed pursuant to the USDA-SCS guidelines and recommendations in the SCS FOTG. Expanding ILOs in this category shall also meet HCHD setback guidelines contained in these rules unless pre-existing conditions prevent compliance. In this situation, setback requirements must still meet or exceed SCS recommendations.

(2)

Expanding animal waste treatment works and disposal/utilization systems that use waste treatment lagoons (anaerobic or aerobic) for waste management shall be designed pursuant to the USDA-SCS guidelines and recommendations in the SCS FOTG. In addition, expanding operations shall meet HCHD setback guidelines contained in these rules. Expanding waste treatment lagoons must be designed to provide a minimum of six months storage and provide a minimum of 15 years sludge storage in the lagoon.

a.

Any expansion that will enlarge or produce a job class IV waste treatment lagoon shall have the following:

(i)

Groundwater monitoring system for the lagoon [design approved by SCS];

(ii)

Secondary waste treatment lagoon;

(iii)

Two feet of lagoon freeboard;

(iv)

50-year flood protection (variance can be applied for in writing; 25-year flood protection will be minimum).

b.

Any expansion that will produce a job class V or larger waste treatment lagoon shall comply with all of the above in subsection (a)(2)a. plus:

(i)

Lagoon expansion shall have an inside hydraulic permeability of 0.0000001 (ten to the negative seventh) centimeters per second or less.

c.

New animal waste treatment works and disposal/utilization systems for any ILO (job class II or larger) which are designed pursuant to the USDA-SCS guidelines and recommendations for construction of lagoons, ponds and storage structures for animal waste shall be issued a permit to begin construction of the facility only after the HCHD receives written notification from the SCS that the design does in fact meet all SCS standards and recommendations for design and after the HCHD determines that the design meets all other requirements contained in this division. Any recommendation made by the SCS regarding design and construction shall be mandatory and will be incorporated in the approved animal WMP.

(1)

New animal waste treatment works and disposal/utilization systems that use dry litter or waste storage pond systems of waste management shall be designed pursuant to the USDA-SCS guidelines and recommendations in the SCS FOTG. New ILOs in this category shall also meet HCHD setback guidelines contained in this division.

(2)

New animal waste treatment and disposal/utilization systems that use waste treatment lagoons (anaerobic or aerobic) for waste management shall be designed pursuant to the USDA-SCS guidelines and recommendations in the SCS FOTG, must meet all HCHD setback guidelines, and must meet the additional requirements for different job classifications as follows:

a.

Class II —Meet all SCS guidelines and recommendations plus the following minimal requirements:

(i)

Six-month minimum storage;

(ii)

15-year minimum sludge storage.

b.

Class III —Meet all SCS guidelines and recommendations plus:

(i)

Six-month minimum storage;

(ii)

15-year minimum sludge storage;

(iii)

50-year flood protection;

(iv)

Two-stage lagoon;

(v)

Two feet of freeboard in lagoon.

c.

Class IV —Meet all SCS guidelines and recommendations plus:

(i)

Six-month minimum storage;

(ii)

15-year minimum sludge storage;

(iii)

50-year flood protection;

(iv)

Two-stage lagoon;

(v)

Two feet of freeboard in lagoon;

(vi)

Groundwater monitoring system (designed by SCS) for the lagoon.

d.

Class V or larger —Meet all SCS guidelines and recommendations plus:

(i)

Six-month minimum storage;

(ii)

15-year minimum sludge storage;

(iii)

50-year flood protection;

(iv)

Two-stage lagoon;

(v)

Two feet of freeboard in lagoon;

(vi)

Groundwater monitoring system (design approved by SCS) for the lagoon;

(vii)

Lagoon inside permeability of ten to the negative seventh (0.0000001) centimeters per second or less.

(c)

Expanding or new animal waste treatment and disposal/utilization systems for Job class I ILOs must register with the HCHD prior to approval and must be designed pursuant to the USDA-SCS guidelines and recommendations in the SCS FOTG.

(d)

The following minimum setback requirements shall be used in designing all expanding or new ILOs:

(1)

From permanent waste storage facility to:

a.

Residence ..... 750 feet

b.

Well ..... 200 feet

c.

Surface water ..... 100 feet

d.

Property line ..... 150 feet

e.

Groundwater lowering device ..... 50 feet

(2)

From waste application areas to:

a.

Residence ..... *100/500 feet

b.

Well ..... 100 feet

c.

Surface water ..... **25/100 feet

d.

Property line ..... **0/100 feet

* 500 feet from all residences other than owner's which can be 100 feet.

** 100 feet unless dry waste or non-aerosal producing irrigation is used.

(d)

No construction permit shall be valid if construction has not begun within nine months from its issuance date or if construction has not been completed within 18 months from the permit's issuance date.

(Ord. of 4-27-92, § 8; Ord. of 11-22-93; Ord. of 7-25-94; Ord. of 1-6-97)