Chapter 11.60
CONCENTRATED ANIMAL FEEDING OPERATIONS
Sections:
11.60.040 Classification types.
11.60.050 Tribal permits required.
11.60.060 Issuance of permits.
11.60.080 Compliance with permit.
11.60.090 Compliance with Chehalis Tribal Code.
11.60.100 Nutrient and waste management plan.
11.60.120 Management of other animal wastes.
11.60.130 Odor and pest management.
11.60.140 Nutrient management activities.
11.60.150 Inspection authority.
11.60.170 Notice of violation.
11.60.180 Enforcement of uncorrected violations.
11.60.010 Title.
This chapter shall be known as the “Concentrated Animal Feeding Operations and Nutrient Management Activities Ordinance.” [Res. 2014-5. Prior code § 7.9.1.010.]
11.60.020 Purpose.
The purpose of this chapter is to protect the health, safety, and welfare of the Chehalis Tribal community by ensuring the safe and healthful operation of concentrated animal feeding operations and nutrient emissions within the Tribe’s jurisdiction through the licensing and regulation of such operations by the Chehalis Tribe. [Res. 2016-17; Res. 2014-5. Prior code § 7.9.1.020.]
11.60.030 Definitions.
For purposes of this chapter, certain terms are defined in this section:
“Animal unit (AU)” means a unit of measurement to compare various animal types at a concentrated animal feeding operation. One animal unit equals the following: 1.0 beef feeder or slaughter animal; 0.5 horse; 0.7 dairy cow; 2.5 swine weighing over 55 pounds; 15 swine under 55 pounds; 10 sheep; 30 laying hens; 55 turkeys; 100 broiler chickens or an equivalent animal unit. The total animal units at each operating location shall be determined by adding the animal units for each animal type.
“Animal unit equivalent” means an equivalent animal type and weight that has a similar amount of manure produced as one of the animal unit categories set forth in the definition of “animal unit” herein. This also applies to other animal types that are not specifically listed.
“Animal waste” means any animal excrement, animal carcass, feed waste, animal water waste, or any other waste associated with animals.
“Animal waste water” means: any animal excreta; any liquid that comes into contact with any manure, litter, bedding or other raw material or intermediate or final material or product used in or resulting from the production of animals or products directly or indirectly used in the operation of a CAFO; or any spillage or overflow from animal watering systems; or any liquid used in washing, cleaning or flushing pens, barns, or manure pits; or any liquid used in washing or spraying to clean animals; or any liquid used for dust control on the premises of a CAFO.
“Business license” means the business license required of all businesses operating in the jurisdiction of the Chehalis Tribe and issued by the Chehalis Tribe Planning Department.
“CAFO permit” means a permit issued by the Chehalis Tribal Planning Department that authorizes the operation of a CAFO.
“Concentrated animal feeding operation” or “CAFO” means all land and/or a lot, facility, parcel, or operating location in which animals have been, are or will be stabled or confined and fed or maintained for a total of 14 days or more in any 12-month period and a ground cover of vegetation is not sustained over at least 50 percent of the animal confinement area. A CAFO shall not include any land area, structure, lot, yard, or corral or other area that does not meet the numerical threshold for animals as set forth in the classification system of CTC 11.60.040. For purposes of this definition, “CAFO” means and refers collectively to an animal production facility including a feedlot and any waste disposal system. For purposes of this definition, “animal confinement area” includes the buildings or structures, including feedlots, in which animals are confined. A CAFO does not include a feeding operation that has a capacity of less than 100 AU.
“Confinement building” means any structure that:
1. Has a full or partial roof supported by columns or walls and that is used for the housing or enclosure of animals; or
2. Is constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, and that is used or designed for housing or enclosure of animals.
“Confinement lot” means any area of land that is fenced or enclosed, and that is used to confine animals.
“Feedlot” means any land area, structure, lot, yard, or corral or other area, whether enclosed with a roof or unenclosed, wherein livestock are confined in close quarters for the purpose of fattening, feeding, growing, raising, or birthing such livestock for final shipment to market or slaughter. Without limiting the generality of the foregoing definition, a lot or structure that contains 100 AUs per acre for the foregoing purposes shall be considered a feedlot. A “feedlot” does not include unenclosed pasture areas that are used for the raising of crops or other vegetation upon which livestock are allowed to graze or feed.
“Livestock” means cattle, sheep, swine, poultry, and other animals or fowl, which are being produced primarily for use as food or food products for human consumption.
“Nutrient application” means any practice of adding manure and/or biological additives to the land.
“Person” means natural persons and also includes corporations, partnerships, associations and any other business or charitable entities, including a natural person who has supervisory authority over the operation of a CAFO, whether or not such person is an owner of the CAFO, and a natural person who applies animal waste or animal waste water originating from the CAFO. [Res. 2016-17; Res. 2014-5. Prior code § 7.9.1.040.]
11.60.040 Classification types.
A. A “Class IA” CAFO is one that has capacity of at least 7,000 AU.
B. A “Class IB” CAFO is one that has a capacity between 3,000 AU and 6,999 AU inclusive.
C. A “Class IC” CAFO is one that has a capacity between 1,000 AU and 2,999 AU inclusive.
D. A “Class II” CAFO is one that has a capacity of at least 100 AU, but less than 1,000 AU. [Res. 2016-17; Res. 2014-5. Prior code § 7.9.2.010.]
11.60.050 Tribal permits required.
No CAFO shall be constructed, operated, used, or established within the Tribe’s jurisdiction without the following licenses, permits, and endorsements:
A. Chehalis Tribal business license issued by the Chehalis Tribal Planning Department; and
B. A valid and current endorsement of such license from the Chehalis Tribal Chief Building Official that CAFO facilities and operations meet applicable standards of building and workplace safety; and
C. A valid and current endorsement of such license from the Chehalis Tribal Natural Resources Director that CAFO facilities and operations meet applicable environmental standards, including but not limited to Nutrient Management and National Pollutant Discharge Elimination System (NPDES) standards promulgated by the United States Environmental Protection Agency (EPA); and standards imposed by Tribal ordinance, including but not limited to Chapter 11.20 CTC, Flood Damage Prevention; Chapter 11.25 CTC, Animal Control; Chapter 11.35 CTC, Outdoor Burning; Chapter 11.40 CTC, Solid Waste; Chapter 11.45, Groundwater Protection; and Chapter 11.50 CTC, Surface Water Quality Standards; and
D. All valid and current permits required by such chapters of the Chehalis Tribal Code; and
E. A valid and current CAFO permit issued by the Chehalis Tribal Planning Department Director. Such permit may impose a limit on the number of animal units permitted at the CAFO or other reasonable limitations on CAFO operations, so long as such limits are reasonably necessary to protect the health, safety, and welfare of the Chehalis Tribal community. [Res. 2016-17; Res. 2014-5. Prior code § 7.9.3.010.]
11.60.060 Issuance of permits.
A. Permit Process. Any person wishing to construct, operate, use, or establish a CAFO within Tribal lands shall request an application for a Chehalis Tribal business license and application for a CAFO permit from the Chehalis Tribal Planning Department. The Chehalis Tribal Planning Department shall process these applications and refer the appropriate documents to the Chehalis Tribal Natural Resources Department for the determination of whether to issue other permits or endorsements as needed. The Chehalis Tribal Planning Director and/or its designee(s) may in their discretion conduct any review, inspection, or evaluation of the proposed CAFO premises, facility, or staff to determine whether to issue the required permits or endorsements. The Director or designees may also impose any reasonable conditions on such permits or endorsements as necessary to protect the health, safety, and welfare of the Chehalis Tribal community.
B. Permit Fees.
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New CAFO Permits: |
$2,000 + $0.25 per AU |
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Annual CAFO Renewal: |
$300.00 |
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CAFO Permit Modification(s): |
$300.00 |
[Res. 2016-17; Res. 2014-5. Prior code § 7.9.3.020.]
11.60.070 Permit violations.
It shall be a violation of this chapter and unlawful for any person to operate a CAFO under any of the following circumstances:
A. Operation of a CAFO without the required permits or endorsements;
B. Operation of a CAFO with a number of animal units in excess of the number specified in the CAFO permit issued by the Tribe;
C. Operation of a CAFO in violation of the conditions of any other permit or endorsement required by this chapter. [Res. 2014-5. Prior code § 7.9.3.030.]
11.60.080 Compliance with permit.
CAFOs shall be operated according to the terms and conditions of all permits issued to the CAFO by the Chehalis Tribe. [Res. 2014-5. Prior code § 7.9.4.010.]
11.60.090 Compliance with Chehalis Tribal Code.
CAFOs shall be operated in compliance with all applicable provisions of this chapter and all other applicable provisions of the Chehalis Tribal Code. [Res. 2014-5. Prior code § 7.9.4.020.]
11.60.100 Nutrient and waste management plan.
All CAFOs shall provide a nutrient and waste management plan to the Chehalis Tribal Planning Department Director describing the methods and procedures by which the CAFO will manage the waste material produced by the CAFO, including without limitation animal waste and animal waste water. To comply with this section, the CAFO’s plan must first be approved by the Planning Department Director. The plan may be adjusted by such Director at his or her instruction, and shall be maintained by the CAFO. All CAFOs shall comply with the provisions of their approved nutrient and waste management plan. [Res. 2014-5. Prior code § 7.9.4.030.]
11.60.110 Manure management.
The nutrient and waste management plan shall include the provision that the CAFO shall remove all manure from the CAFO facility at least once per week and shall dispose of the manure in a manner approved by the Chehalis Tribal Planning Department Director. [Res. 2014-5. Prior code § 7.9.4.040.]
11.60.120 Management of other animal wastes.
The nutrient and waste management plan shall include the provision that the CAFO shall remove and safely dispose of all dead animals and after-birthing material within 24 hours of the occurrence. The plan shall also provide that the CAFO shall keep a record of all such disposals and provide a copy of that record to the Chehalis Tribal Planning Department Director at regular intervals as required by the Director. [Res. 2014-5. Prior code § 7.9.4.050.]
11.60.130 Odor and pest management.
CAFOs shall be responsible for controlling the emission of harmful or offensive gases or odors from the CAFO and any conditions in the CAFO that produce unhealthy levels of insect and other pest vectors or that create a nuisance to other property owners or to the public, and shall take all measures required by the Chehalis Tribal Planning Department Director in writing to abate such odors, pest vectors, or other unhealthy or nuisance conditions. [Res. 2016-17; Res. 2014-5. Prior code § 7.9.4.060.]
11.60.140 Nutrient management activities.
To manage activities involving the generation and application of nutrients in order to protect the public welfare, ground and surface waters and to help meet or exceed Federally mandated water quality standards, the Tribe requires anyone applying manure nutrients to land within the Tribe’s jurisdiction to have a nutrient application permit on file with the Tribe’s Planning Department. [Res. 2016-17; Res. 2014-5. Prior code § 7.9.5.010.]
11.60.150 Inspection authority.
The Chehalis Tribal Planning Director, and/or its designee(s), shall have the authority to enter, with or without prior notice, any CAFO or locations applying nutrients within Tribal lands for the purpose of determining whether the CAFO or nutrient application is in compliance with any and all permits and the requirements of this chapter or other Tribal ordinances. [Res. 2016-17; Res. 2014-5. Prior code § 7.9.6.010.]
11.60.160 Violation.
It shall be unlawful for any CAFO owner or property owner, operator, or employee to violate any applicable requirement imposed by this chapter, or by any permit, plan, or endorsement issued or approved hereunder. [Res. 2014-5. Prior code § 7.9.6.020.]
11.60.170 Notice of violation.
If, after inspection of a CAFO or nutrient application the Chehalis Tribal Planning Director or its designee(s) determine that a violation of any provision of this chapter has occurred, the Planning Director or designee shall issue a notice of violation to the CAFO owner or operator. This notice shall include the date of the inspection, identity of the inspector, a citation to the chapter section(s) violated, a brief description of the violation, the measures that must be taken by the CAFO owner or operator to correct the violation, and a reasonable time in which to complete the corrective action. [Res. 2014-5. Prior code § 7.9.6.030.]
11.60.180 Enforcement of uncorrected violations.
After the time to complete the corrective action has passed, the Chehalis Tribal Planning Director or its designee(s) shall conduct a re-inspection of the CAFO or nutrient application. If the violation has not corrected the original violation(s), then the Chehalis Tribal Planning Director or his or her designee may at his or her discretion take any or all of the following enforcement actions against the CAFO or nutrient application property:
A. Order immediate abatement of the violation(s);
B. Impose a fine of up to $5,000 per day per violation until the violation is corrected;
C. Order that operation(s) are to cease and desist until all violations are corrected;
D. If violations are discovered at the re-inspection which were not present at the time of the original notice of violation, issue a notice of violation under the requirements of CTC 11.60.170. [Res. 2016-17; Res. 2014-5. Prior code § 7.9.6.040.]