 will minimize the potential for surface and ground water contamination. In making a determination regarding the appropriateness of the site, the County Board of Commissioners may utilize the advice and recommendations of the Natural Resource District, the Natural Resources Conservation Service, geologist and any other entities with applicable environmental protection expertise. Where it is determined that the geology, soil permeability, depth to water table, drainage patterns or other environmental characteristic would present a reasonable potential for contamination of groundwater through leakage from a lagoon or waste holding pond, the County Board of Commissioners may require the use of above ground waste storage tanks.
F. Each waste handling facility use shall be engineered, constructed and operated utilizing best management practices to minimize odor, dust, flies, vermin and other problems and hazards to avoid environmental contamination and / or negative impacts on adjoining and neighboring properties.
G. Any waste handling animal feeding use shall generally be located only in areas of the County where the impact(s) on the public infrastructure and services, particularly roads and bridges, will not result in an undue cost burden to the taxpayers of the County in providing such infrastructure and services. In making a determination regarding the appropriateness of the site, if the County Board of Commissioners determine that the anticipated impacts will unduly impact the present level of services, road maintenance or bridge capacities and maintenance, the Board may require financial participation by the owner of the animal feeding use in the maintenance of said infrastructure.
H. Where any Federal and/or State of Nebraska permit for facilities associated with a waste handling facility use is required, such permit(s) shall be approved by the appropriate Federal or State agency and all facilities required by such Federal or State agency and all facilities and safeguards required by the County Board of Commissioners shall be in place and operable prior to the generation of waste or in the case of confined or intensive animal feeding uses, prior to the introduction of any animals to the premises.
I. The owner / operator of any confined or intensive animal feeding use or associated waste handling facility use authorized by the County Board of Commissioners shall agree to permit access to the waste handling facilities to allow inspection of the premises by the Zoning Administrator or other person(s) designated by the County Board of Commissioners to assure compliance with all conditions established by the County Board of Commissioners in authorizing such use within forty eight (48) hours of notification of a proposed inspection. Such inspections shall be conducted on a complaint basis only and shall first be investigated by the Zoning Administrator or other person(s) designated by the Board of Commissioners who shall document compliance or lack of compliance with all conditions of use established by the County Board of Commissioners in authorizing such use. In making such inspections, the Zoning Administrator or other authorized person(s) shall follow all bio-hazard procedures required by the owner/operator of the use being inspected. Such inspections shall be considered a general function of the Zoning Administrator and the cost of such inspection of such complaints shall be considered an administrative expense of the County and shall not be assessed against the owner(s) of a confined or intensive animal feeding use or associated waste handling facility use.
Upon a finding by the Zoning Administrator that a confined or intensive animal feeding use or associated waste handling facility use is not in compliance with the approved conditions of use, he/she shall report same to the County Board of Commissioners and shall notify the owner / operator of the confined or intensive animal feeding use or waste handling facility use involved, in writing, that the use is in violation of the approved
Zoning Regulations - Sheridan County Nebraska - 2002 Page 25 |
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