MEMORANDUM
TO: Timothy Navarre, Assembly President
Members, Kenai Peninsula Borough Assembly
FROM: Bill Popp, Assembly Member
DATE: May 21, 2002
SUBJECT: Ordinance 2002-14, concentrated animal feeding operations
In addition to the amendments I requested in my memorandum to the assembly dated May 9, 2002, and which was included in the packet, I offer the following amendments.
Amend the first whereas clause as follows:
WHEREAS, concentrated animal feeding operations (CAFOs) are potentially harmful to the environment and surrounding land uses, especially water and air quality; and
Amend Section 1 to add the following two definitions before the definition for Aquifer.
Animal waste means animal excrement, animal carcasses, feed wasted, process wastewaters or any other waste associated with the confinement of animals from an animal feeding operation.
Animal waste management system means a combination of structures and nonstructural practices serving an animal feeding operation that provides for the collection, treatment, disposal, distribution, storage and land application of animal waste.
Amend the definition of concentrated animal feeding operation (CAFO) in Section 1 to reduce the number of swine from 2,500 to 1,000.
Amend Section 1 to add the following definition between Federal Prisoners and Multi-purpose senior center.
Liquid manure or liquid animal waste system means any animal waste management system which uses water as the primary carrier of such waste into a primary retention structure.
Amend proposed KPB 21.28.010 as follows:
21.28.010. Application procedure.
A. In order to obtain a CAFO permit, an applicant shall first complete and submit to the borough planning department a permit application, along with the $0.20 per animal fee. The application shall include the following items:
1. Legal description of the parcel and identification of whether the permit is for the entire parcel or a specific location within a parcel. If the permit is for less than the entire parcel, the specific location within the parcel shall be clearly defined;
2. A site plan including the number of swine; location; dimensions and building materials of structures; and list of equipment utilized in CAFO operation, including but not limited to feeding floors, water troughs, wash racks, retaining tanks, food, bone, and refuse platforms, and animal waste handling equipment and facilities;
3. All federal and state permits required by KPB 21.28.020;
4. The estimated distance to surface and ground water.
5. Manure handling procedures including the following:
a. the amount of manure generated annually by the facility;
b. the amount of manure used on the facility;
c. the amount of manure to be exported annually from the facility;
d. nutrient application by field or crop group;
e. procedures and provisions for using and disposing of excess manure;
f. practices that relate to manure management, storm-water runoff control, and management practices to protect surface water and ground water.
6. An animal waste plan including [T]the amount and handling facilities and procedures for carcass and animal remains and other animal waste including an animal waste management system.
B. Task Force. After an application is received a three-person task force shall be appointed by the mayor to review the permit. The task force shall consist of one person from local industry, one planning commission member, and a registered voter within the borough who resides outside the cities. Planning staff shall provide support to the task force. The public hearing procedure set forth in KPB 21.25.050 shall be followed. The civil engineer's report required by KPB 21.28.030(A)(4) shall be submitted to the task force as part of the permit process. The task force shall make a written recommendation with findings of fact regarding approval or denial of the permit along with any permit conditions to the mayor. The mayor may approve, disapprove, or modify the task force recommendations. If the mayor does not act within 30 days of the issuance of the task force recommendations, the task force recommendations are final. The final decision may be appealed to the board of adjustment pursuant to KPB Chapter 21.20.
Amend proposed KPB 21.28.030 as follows:
21.28.030. Permit conditions.
A. The following are conditions for CAFO permits:
1. Fence. If CAFO operations are conducted outside buildings, there shall be a vegetative buffer or fence made of material approved in the CLUP sufficient to contain and screen the operations from view.
2. Setback.
a. There shall be a setback of all CAFO operations, including buildings, sheds, pens, animals, shelters, feeding areas and watering troughs, storage areas and waste areas, of 100 feet from the boundaries of the parcel.
b. The parcel boundaries of a CAFO must be one mile from the parcel boundaries of existing residences and buildings open to the public.
c. Animal waste facilities shall be no less than 660 feet from adjoining property lines and domestic ground and surface water supplies.
3. All state and federal permits must remain in good standing.
4. The task force may require a bond or other reasonable surety in an amount adequate to protect the deleterious affects of violated permit conditions.
5. The task force may require an odor abatement plan based on the recommendations of the consultant retained pursuant to KPB 21.28.040. The odor abatement plan may address issues, including but not limited to, schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to diminish off-site odor.
[5]6. Other conditions appropriate to meet the standards set forth in KPB 21.28.020.
B. The permit must state whether it is being issued for an entire parcel or a portion of parcel. If the permit is issued for a portion of a parcel, the location on the parcel must be defined on the permit.