Concentrated Animal Feeding Operation (CAFO) Health Ordinance

TANEY COUNTY ORDINANCE NO. 2019-819

AN ORDINANCE ESTABLISHING HEALTH REGULATIONS FOR
CONCENTRATED ANIMAL FEEDING OPERATIONS; PROVIDING
STANDARDS FOR THE PERMITTING OF CONCENTRATED ANIMAL
FEEDING OPERATIONS; PROVIDING DEFINITIONS; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING FOR SEVERABILITY.

THE COUNTY COMMISSION OF TANEY COUNTY, MISSOURI TO
PROMOTE THE PUBLIC SAFETY, HEALTH AND WELFARE, HEREBY
ORDAINS AS FOLLOWS:

WHEREAS, § 192.300, RSMo, provides that the County Commission may make
and promulgate Ordinances as will tend to enhance the public health and prevent the
entrance o f infections, contagious, communicable or dangerous diseases into such county;
and
WHEREAS, § 192.300, RSMo, provides that the County Commission may
establish reasonable fees to pay for any costs incurred in carrying out such Ordinances
and that any such fees generated shall be deposited in the county treasury and shall be
used to support the public health activities for which they were generated; and

WHEREAS. § 192.300, RSMo, provides that any person, firm, corporation or
association which violates any such Ordinance adopted, promulgated and published by
the County Commission is guilty of a misdemeanor and shall be prosecuted, tried and
fined as otherwise provided by law; and

WHEREAS, the County Commission has full power and authority to initiate the
prosecution o f any action under § 192.300, RSMo; and

WHEREAS, Section 640.710.5, RSMo, recognizes that local controls may be
used to regulate concentrated animal feeding operations; and

WHEREAS, health standards and criteria for concentrated animal feeding
operations (“CAFOs”) have been prepared based upon state law and professional studies
presented to and considered by the Taney County Commission; and

WHEREAS, the adoption and enforcement o f said standards is hereby found to be
necessary in order to enhance the public health and prevent the entrance o f infectious,
contagious, communicable or dangerous disease into Taney County; and

WHEREAS, the County Commission held a public meeting regarding the
advisability of this Ordinance on August 19, 2019; and

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 WHEREAS, the County Commission held a duly noticed public meeting
regarding the adoption of this Ordinance on August 19. 2019; and

NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COMMISSION
OF TANEY COUNTY, MISSOURI, AS FOLLOWS:

1. Adoption. The County Commission o f Taney County, Missouri hereby enacts
and adopts the Ordinance attached to this Order, pursuant to Sections 192.300
and 640.710.5, RSMo.

2. Order o f Printing and Publication. Upon adoption o f this Order, the County
Commission declares and orders that this Order and Ordinance be printed and
made available for distribution to the public in the Office o f the County Clerk
and orders a copy of this Order to be published in a newspaper in the county
for three successive weeks, not later than thirty (30) days after the entry o f this
Order.

,2019.

imissioner

ATTEST:

Donna Neeley- Clerk
 AN ORDINANCE ESTABLISHING HEALTH REGULATIONS FOR
CONCENTRATED ANIMAL FEEDING OPERTAIONS; PROVIDING
STANDARDS FOR THE PERMITTING OF CONCENTRATED ANIMAL
FEEDING OPERATIONS; PROVIDING DEFINITIONS; PROVIDING AN
EFFECTIVE DATE; AND PROVIDING FOR SEVERABILITY

1. DEFINITIONS
Unless the context clearly indicates to the contrary, words used in the present
tense include the future tense and words used in the plural include the singular. For
purposes of this Ordinance, the following words, terms and phrases shall have the
following meanings unless otherwise indicated:

1.1 ANIMAL UNIT T'AU ''): A unit o f measurement to compare various animal types
at a concentrated animal feeding operation. One (1) animal unit equals the
following: 1.0 beef cow or feeder cow/calf pair, veal calf, or dairy heifer; 0.5
horse; 0.7 mature dairy cow; 2.5 swine weighing over 55 pounds; 10 swine
weighing less than 55 pounds; 10 sheep, lamb, or meat and dairy goats; 30
chicken laying hens or broilers with a wet handling system; 82 chicken laying
hens without a wet handling system; 55 turkey in grow-out phase; 125 broiler
chickens, chicken pullets, or turkey poults in a brood phase without a wet
handling system. The total animal units at each operating location shall be
determined by adding the animal units for each animal type.

1.2 ANIMAL UNIT EQUIVALENT: An equivalent animal type and weight that has
a similar amount of manure produced as one o f the animal unit categories set forth
in the definition of “animal unit” herein. This also applies to other animal types
which are not specifically listed.

1.3 ANIMAL FEEDING OPERATION (AFO): A lot, building, or complex at an
operating location where animals are stabled or confined and fed or maintained
for a total of forty-five (45) days or more in any twelve (12) month period, and
crops, vegetation, forage growth, or post-harvest residues cannot be sustained
 over at least fifty percent (50%) o f the animal confinement area within the normal
crop growing season.

1.4 ANIMAL W ASTE: Any animal excrement, animal carcass, feed waste, animal
water waste, or any other waste associated with animals.

1.5 ANIMAL W ASTEWATER: Any animal excreta, any liquid which 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 o f animals or
products directly or indirectly used in the operation o f a CAFO. or any spillage or
overflow from animal watering systems, or any liquid used in washing, cleaning
or flushing pens, bams, or manure pits, or any liquid used in washing or spraying
to clean animals, or any liquid used for dust control on the premises o f a CAFO.

1.7 Class IA CAFO. See Section 2.1 o f this Ordinance.

1.8 Class IB CAFO. See Section 2.2 o f this Ordinance.

1.9 Class IC CAFO. See Section 2.3 o f this Ordinance.

1.10 Class II CAFO. See Section 2.4 o f this Ordinance.

1.11 CONCENTRATED ANIMAL FEEDING OPERATION (“CAFO”): An AFO that
meets one (1) o f the following criteria:
A. Class I operation, as described in Section 2 o f this ordinance;
B. Class II operation, as described in Section 2 o f this ordinance, where
either (1) o f the following conditions are met:
I. Pollutants are discharged into waters o f the state through a man-
made ditch, flush system, or other similar man-made device; or
II. Pollutants are discharged directly into waters o f the state which
originate of and pass over, across, or through the production area

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 or otherwise come into contact with the animals confined in the
operation; or
III. An unclassified operation that is designated as a CAFO in
accordance with 10 CSR20-6.300(2)(D).

1.12 COUNTY HEALTH PERMIT: Written authorization issued by the Taney
County Commission to erect construct, develop, use, occupy, expand, modify, or
operate a CAFO.

1.13 DRY PROCESS WASTE: A process waste mixture which may include manure,
litter, or compost (including bedding, compost, mortality by-products, or other
raw materials which is commingled with manure) and has less than seventy-five
percent (75%) moisture content and does not contain any free draining liquids.

1.14 LAND APPLICATION AREA: Agricultural land which is under the operational
control of the CAFO owner or operator whether it is owned, rented, or leased, to
which manure, litter, or process wastewater from the production area is or may be
applied.

1.15 OCCUPIED RESIDENCE: A residential dwelling which is inhabited at least
fifty percent (50%) of the year.

1.16 OPERATING PERMIT: An operating permit and /or letter o f approval required
o f a CAFO by the Missouri Department o f Natural Resources and the Taney
County Commission pursuant to the Missouri Clean Water Law.

1.17 OWNER: Anyone who owns, either individually and/or with any other persons,
any of the following interests in the real property upon which a CAFO is situated:
1.17.1 Fee simple title
1.17.2 A leasehold interest
1.17.3 Any interest in an entity which holds fee simply title; or

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 1.17.4 Any interest in any entity which has a leasehold interest.

1.18 PERSON: Includes 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 o f a CAFO, whether or
not such person is an owner o f the CAFO, and a natural person who applies
animal waste or animal wastewater originating from the CAFO.

1.19 PLANT FILTERATION AREA: Land used or reserved for the application of
liquid wastes from a livestock lagoon or pits.

1.20 PUBLIC BUILDING: A building open to and used routinely by the public for
public purposes.

1.21 PRODUCTION AREA: The non-vegetated portions o f an operation where
manure, litter, or process wastewater from the AFO is generated, stored, and/or
managed. The production area includes the animal confinement area, the manure
storage area, the raw materials storage area, and the waste containment areas. The
animal confinement area includes, but.is not limited to, open lots, housed lots,
feedlots, confinement houses, stall bams, free stall bams, milkrooms, milking
centers, cowyards, barnyards, medication pens, walkers, animal walkways, and
stables. The manure storage area includes, but is not limited to, lagoons, runoff
ponds, storage sheds, stockpiles, under house or pit storages, liquid
impoundments, static piles, and composting piles. The raw materials storage area
includes, but is not limited to, settling basins and areas within berms and
diversions which separate uncontaminated storm water. Also included in the
definition of production area is any egg washing or egg processing operation and
any area used in the storage, treatment, or disposal o f animal mortalities.

1.22 SETBACK: The distance from the CAFO facility to the nearest occupied
residence not on CAFO property, as measured in a straight line from the occupied

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 residence to the nearest CAFO confinement building, confinement lot, other
animal confinement area, or water handling facility.

1.24 WET HANDLING SYSTEM: The handling o f manure that contains less than
seventy-five percent (75%) dry matter or has free draining liquids. Wet handling
system includes, but is not limited to, lagoons, pits, tanks, all gravity outfall lines,
recycle pump stations, recycle force mains, and appurtenances.

2. CLASSIFICATION OF CONCENTRATED ANIMAL FEEDING OPERATIONS
2.1 A Class IA CAFO is any concentrated animal feeding operation with a capacity of
seven thousand (7,000) AUs or more.

2.2 A Class IB CAFO is any concentrated animal feeding operation with a capacity
between three thousand (3,000) AUs and six thousand nine hundred and ninety-
nine (6,999) AUs inclusive.

2.3 A Class IC CAFO is any concentrated animal feeding operation with a capacity
between one thousand (1,000) AUs and two thousand nine hundred and ninety-
nine (2,999) AUs inclusive.

2.4 A Class II CAFO is any concentrated animal feeding operation with a capacity o f
at least three hundred (300) AUs, but less than one thousand (1,000) AUs.

3. PERMIT REQUIREMENTS FOR ALL CAFOS
3.1 No CAFO shall be erected, constructed, developed, used, operated, occupied,
expanded to a different classification of CAFO, or otherwise established within
Taney County unless a County Health Permit has been issued by the Taney
County Commission. To apply for a County Health Permit the proposed CAFO
shall submit to the County Commission all o f the application materials submitted
to the Department of Natural Resources (“DNR") for an Operating Permit, a
completed application containing information as required by the County

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Commission, and an application fee as established by the Taney County
Commission pursuant to Section 11 o f this Ordinance. If the CAFO is issued an
Operating Permit and if the proposed CAFO meets the requirements o f this
Ordinance, then the County Commission shall also issue a County Health Permit.
If the proposed CAFO is not subject to regulation by the Missouri Department o f
Natural Resources (“DNR”). then to apply for a County Health Permit the
proposed CAFO shall submit a completed application containing information as
required by the County Commission, an application fee as established by the
Taney County Commission pursuant to Section 11 o f this Ordinance, a plan to the
County Commission showing the location o f the proposed facility, the number of
proposed animal units, the proposed method and location o f animal waste disposal
and the name and address o f the owner o f the proposed CAFO as well as the name
and address of the owner o f the land on which the CAFO will be located, if
different from the owner o f the CAFO. In such case, if the County Commission
determines that the proposed CAFO complies in every respect with the terms o f
this Ordinance, then the County Commission shall issue a County Health Permit.

An application for a County Health Permit shall be submitted to the County
Commission for approval in a form required by the County Commission, which
shall require, at a minimum, the following:
(1) name, address, and telephone number o f the owner, operator or
registered agent of the proposed CAFO facility;
(2) name, address, and telephone number o f the owner o f the land on
which the proposed CAFO facility will be located if different from the owner or
operator o f the proposed CAFO facility;
(3) if the owner or operator of the proposed CAFO facility is different than
the owner of the real estate on which the proposed CAFO facility is to be located,
a copy of the lease agreement or other document executed evidencing a right to
use and possess the real estate for the purposes described;
(4) the number of animal units anticipated at the proposed CAFO facility;
(5) the location and number o f acres o f the proposed CAFO facility;
 (6) the general layout of the facility with GPS coordinate locations for all
comers of the CAFO facility, confinement building, confinement lot, or other
animal confinement area, and livestock lagoon or pit. In addition, the County may
request the GPS coordinate locations for all comers o f the CAFO facility
locations;
(7) the legal description o f the real estate on which the proposed CAFO
facility is to be located;
(8) upon request, a high-resolution overhead or aerial map identifying the
proposed location of the proposed CAFO facility, which shall identify all property
lines and all occupied dwellings located within the setback requirements
described in this Ordinance;
(9) all of the application materials submitted to the Department o f Natural
Resources (“DNR”) for an Operating Permit, if applicable; or, if the proposed
CAFO facility is not required to submit application materials to DNR, all o f the
application materials that would otherwise have to be submitted to DNR if the
proposed CAFO facility were required to submit application materials to DNR;
(10) evidence o f financial security as required by Section 7 o f this
Ordinance;
(11) the waste handling plan and/or nutrient management plan; and
(12) any other relevant information which may be required by the County
Commission in order to make a determination on issuance o f a County Health
Permit based on the requirements of this Ordinance.

An application for a County Health Permit shall not be considered complete
unless and until the information required by this Ordinance is submitted to the
County Commission. The County Commission shall have no obligation to review
an application until this requirement is satisfied.

.3 At least one (1) public hearing shall be held by the County Commission prior to
approving any County Health Permit. Such public hearing may be continued
from time to time and additional hearings may be held.

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3.4 Once a CAFO has received a County Health Permit, the CAFO must apply for a
renewal of said permit every five (5) years from the date o f issuance. All
applications for renewal permits shall be submitted, along with the applicable
renewal fee, at least thirty (30) days prior to the anniversary date o f the issuance
of the initial County Health Permit. If the County Commission determines that
the CAFO has complied in all respects with permit previously issued, then the
County Commission may issue the renewal permit. Otherwise, the County
Commission shall not issue a renewal permit and the CAFO immediately shall
cease operation.

3.5 It shall be a violation of this Ordinance and unlawful for any person to operate a
CAFO without first obtaining a County Health Permit from the County
Commission.

3.6 It shall be a violation of this Ordinance and unlawful for any person to operate a
CAFO with a number o f AUs in excess o f the number specified in the permit
issued by the County Commission.

3.7 It shall be a violation of this Ordinance and unlawful for any person to apply
animal waste or animal wastewater in a manner inconsistent with the
requirements o f this Ordinance.

4. RULES APPLICABLE TO ALL CAFOS

4.1 The proposed CAFO shall be in compliance with the provisions o f Sections 4
through 8 of this Ordinance, as applicable.

4.2 All Production Areas, Animal Confinement Areas, Manure Storage Areas, and
Raw Material Storage Areas shall be designed in such a manner as to avoid the
degradation of the quality of surface or subsurface waters, water courses or other
bodies o f water.

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All Manure Storage Areas shall comply with the design standards and effluent
limitations o f 10 CSR 20-6.300(4). Plans and specifications concerning the design
and construction materials for Manure Storage Areas shall take into consideration
the site-specific characteristics o f the soils at the location pursuant to 20 CSR 20-
8.300, as applicable, including but not limited to, a detailed soils investigation to
determine the characteristics o f the soil; Atterburg limits; standard proctor
density; coefficient o f permeability; depth to bedrock; particle size analysis; depth
to groundwater table; shrink-swell characteristics; and whether karst formations
are present at the location.

Any determination ruled on by the Missouri State Government regarding an
environmental standard shall be accepted by the County o f Taney.

The applicant shall demonstrate that the soils on the premises, including a soil-
plant filter area, are suitable for and compatible with the Production Areas with
respect to the location of lagoons or pits and the application o f liquid, slurry or
solid animal waste onto or into the soil on the premises. Further, no animal waste
from a lagoon or pit shall be applied when soils are water saturated, frozen, or
covered with snow, or when other soil conditions would result in waste runoff
unless DNR grants a variance to spread on top.

The Production Areas, including but not limited to, feedlot, lagoon, or pits shall
demonstrate that it shall at all times be operated in compliance with any required
local, state or federal permits, licenses or other approvals, and in compliance with
all applicable state and local laws and regulations.

If the Taney County Commission or any other individual or entity working under
their authority, determines that any CAFO causes or allows fugitive particulate
matter emissions to go beyond the premises of origin in quantities that may be
found beyond the property line o f origin, the Taney County Commission shall

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 notify the Director of the Department of Natural Resources of the fugitive
particulate matter emissions to take any appropriate control measures as the
Director deems necessary pursuant to 10 CSR 10-6.170, as set forth in Section
4.14.

4.8 The applicant shall provide to Taney County Commission the Nutrient
Management Plan provided to the Department o f Natural Resources. The Nutrient
Management Plan shall comply with the requirements found within the Nutrient
Management Technical Standards.

4.8.1 A Nutrient Management Plan is required for the land receiving any
effluent in Taney County from a permitted facility.

4.9 Omitted.

4.10 Animal waste and animal wastewater shall not be applied within three hundred
(300) feet of any sinkhole, losing stream, or other structure or physiographic
feature that may provide direct connection between the ground water table and
surface, within three hundred (300) feet from any existing potable water supply
well not located on the property, or within one hundred (100) feet from any
wetlands, ponds, gaining streams (classified or unclassified; perennial or
intermittent). This rule shall not apply to waste lagoons or ponds on the CAFO
property, but shall apply to all other wells, water supplies, streams, strip pits,
lakes, springs, and sink holes on the CAFO property.

4.11 No manure, litter, and/or process wastewater may be applied closer than 100 feet
to any down-gradient surface waters, open tile line intake structures, sinkholes,
agricultural well heads, or other conduits to surface waters including, but not
limited to, any land application site composed of karst formations or watershed of
any body o f water owned and maintained by the U.S. Corps o f Engineers. Prior to
any land application, a field-specific assessment o f the land application area must

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 be performed and shall take into consideration the site specific characteristics o f
the soils at the location, including but not limited to, a detailed soils investigation
to determine whether the soil conditions and structures are appropriate for land
application o f manure, litter, and/or process wastewater, pursuant to 20 CSR 20-
6.300.

4.12 The minimum setback distances from manure storage structures, manure storage
areas, confinement buildings, open lots, or mortality composters shall be as
follows: ten (10) feet to public water supply pipelines; fifty (50) feet to property
lines; fifty (50) feet to public roads; one hundred (100) feet to wetlands, ponds, or
lakes not used for human water supply; one hundred (100) feet to gaining streams;
three hundred (300) feet to human water supply lakes or impoundments; and three
hundred (300) feet to losing streams (classified and unclassified; perennial or
intermittent) and sinkholes.

No County Health Permit shall be issued for a livestock and/or poultry manure
storage system or other system o f manure storage that is o f the like and similar
nature that prevents feedlot runoff unless such manure storage system is in
compliance with all Missouri Department o f Natural Resources (“DNR”)
regulations for the control o f wastes from livestock feedlots, poultry lots and other
animal lots and said manure storage system has obtained a permit from DNR, if
necessary, for the pollution control devises to be installed.

4.14 In the event the Taney County Commission, or designee, receives a complaint or
report with respect to compliance with state law and this Ordinance by a CAFO,
an inquiry or investigation may be conducted into the complaint or report, and a
determination made with respect to any such complaint or report, and the Taney
County Commission may notify the Department o f Natural Resources with
respect to any information received or obtained as a result o f any com plaint
report, inquiry, or investigation with respect to the requirements under state law
and this Ordinance.

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5. ADDITIONAL RULES APPLICABLE TO CLASS IA CAFOS
5.1 Class IA CAFOS shall be operated under an odor control plan describing the
measures to control odor emissions that are necessary to maintain compliance
with the odor performance standard. All new Class IA CAFOS and any operation
that expands to become a Class IA CAFO shall obtain approval from the
Department of Natural Resources for an odor control plan at least sixty (60) days
prior to commencement o f the operation.

5.1.1 The odor control plan shall contain all o f the requirements o f 10 CSR 10-
6.165(3)(A).

6. SETBACK REQUIREMENTS

6.1 Occupied Residence Setbacks. The setback distances described in paragraphs
6.1.1 - 6.1.4 shall be measured from the nearest point o f the CAFO's
Confinement Area or Waste Management System to the nearest point o f the
Occupied Residence or Public Building. See Figure 3. These setback distances
shall not apply to Occupied Residence owned by the CAFO or to Occupied
Residence not in existence at the time o f issuance o f the County Health Permit.

6.1.1 Class IA. No Class IA CAFO shall be located within three thousand
(3.000) feet of an Occupied Residence or Public Building.

6.1.2 Class IB. No Class IB CAFO shall be located within two thousand
(2.000) feet o f an Occupied Residence or Public Building.

6.1.3 Class IC. No Class IC CAFO shall be located within one thousand (1,000)
feet of an Occupied Residence or Public Building.

6-1-4 Class II. No Class II CAFO shall be located within five hundred (500)
feet o f an Occupied Residence or Public Building.

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Figure 3.

Size of CAFO

Class IA Class IB Class IC Class II
Setback
Distances from
3,000 feet 2,000 feet 1,000 feet 500 feet
Occupied
Residence

7. FINANCIAL SECURITY AND WASTE DISPOSAL SYSTEMS REMOVAL
AND CLEANUP
7.1 No health permit shall be issued unless adequate security has been furnished to
ensure proper cleanup and disposal as required by sections 7.2 and 7.3 hereto.

7.2 Lagoons or other waste storage structures which are no longer in use shall be
closed in accordance with the requirements o f 10 CSR 20-6.300(4)(B). The
Owner shall also be responsible for the cost o f cleaning or remediating any
contamination or pollution, including any water resources, wells, or soils which
become contaminated, polluted, defiled or soiled from leaks or spills from any
Lagoon or other waste storage facility on the premises. The mechanisms used to
demonstrate financial assurance shall ensure that the funds necessary to meet the
costs of cleanup and remediation, as established herein, will be available when
they are necessary. In establishing financial assurance. Owners and Operators
shall comply with the provisions of 7.3 and provide documentation to Taney
County of its compliance.

7.3 Concentrated Animal Feeding Operation Indemnity Fund. The owner or operator
of each Class IA CAFO utilizing a flush system shall remit to the department o f
natural resources a fee of ten (10) cents per animal unit permitted to be deposited
in the fund. The fee is due and payable to the Department on the first anniversary
of issuance o f each owner or operator permit to operate such a facility and for

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 nine years thereafter on the same date. This Fund's administration and use is
pursuant to Sections 640.740 through 640.747.

8. VARIANCE TO SETBACK RULES
Where, due to an extraordinary or exceptional situation or condition o f a specific piece of
property, the strict application of this Ordinance would result in peculiar and exceptional
difficulties to, or an exceptional and demonstrable undue hardship upon, the owner o f the
property as an unreasonable deprivation o f use as distinguished from the mere grant o f a
privilege, the County Commission may authorize, as part o f the application for a County
Health Permit, a variance from the strict application so as to relieve said demonstrable
difficulties to the public good and without substantially impairing the intent, purpose, and
integrity o f the regulations, standards and criteria established in this Ordinance.

9. APPLICATION OF ORDINANCE
A CAFO in existence at the time o f the enactment o f this Ordinance is exempt from its
terms and conditions; provided, however, that before a CAFO in existence at the time o f
the enactment o f this Ordinance may expand or change its operation in terms o f a change
of classification or amount or manner in which animal waste or animal wastewater is
applied or disposed of, the CAFO shall be in compliance with this Ordinance in every
respect and shall obtain a new County Health Permit.

10. DISPOSAL OF DEAD ANIMALS AND AFTER BIRTHING MATERIAL
The proper disposal o f dead animals and after birthing material shall be completed within
twenty-four (24) hours from the time o f occurrence. Dead animals and after birthing
material must not be disposed of in any liquid manure or process wastewater system,
unless specifically designed to handle them. Dead animals and after birthing material
must be handled in such a way as to prevent the discharge o f pollutants to surface waters
and prevent the creation of a public health hazard. Class I operations shall not use burial
as a permanent mortality management method to dispose o f routine mortalities.

11. ADMINISTRATIVE FEES

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11.1 No application for approval of a County Health Permit shall be accepted until the
applicant has paid all processing fees as set forth below. Fees paid shall be non-
refundable except as provided in Section 11.4 below.

11.2 The fee amount shall not exceed the amount needed to recover the cost o f
inspection, investigation and review o f the proposed application, which fee
amounts are based upon the anticipated costs o f review, inspection and
investigation, and which fee amounts have taken into consideration the need for
special investigative services including geologic inspections, hydrologic
inspections, groundwater monitoring, soils evaluation, and other unique costs o f a
scientific or technical nature associated with the processing o f the application.
For purposes of this Ordinance, the administrative fee amounts shall be as
follows:
Classification of CAFO Fee
Class IA $5,000 per year
Class IB $500.00
Class IC $500.00
Class II $500.00

In addition, the applicant shall be responsible for payment o f the actual costs
incurred in holding the public hearing described in section 3.3, including, but not
limited to, the costs o f publication, the cost to hire a court reporter, any rental fee
for facilities to hold the public hearing, or other related costs.

11.3 There shall be established with the County Treasurer an escrow fund, for each
application for a County Health Permit, for the purposes o f reimbursing the
County Commission for services rendered in connection with administration o f
this Ordinance. Said escrow account shall include the proceeds o f project review
fees established pursuant to this Section. The funds contained in said escrow7
account shall be used solely to reimburse the County Commission for actual costs
associated with administration o f the Ordinance, for actual services rendered for

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 investigation, administration and processing of a County Health Permit including
costs associated with the retaining and compensation o f experts on scientific and
technical issues associated with the application, and costs associated with public
hearings. The County Treasurer shall disburse payments based upon billings
supplied by the County Commission and approved by the County Commission.

11A The applicant for a County Health Permit may apply to the County Commission
for a credit against the fee previously paid in the event that a portion o f the costs
or review and processing is duplicative, pursuant to the standards o f applicable
case law or statutes then in effect. After the approval, conditional approval or
denial of a County Health Permit, the County Treasurer shall refund to the
applicant any unexpended or unencumbered balance o f the escrow account
established pursuant to this Section for said application.

12. VIOLATION OF ORDINANCE
Any person violating this Ordinance shall be subject to punishment by imprisonment or
fine, as provided by law. Each day a person operates a CAFO in violation o f this
Ordinance, and each time a person applies animal waste or animal wastewater in a
manner inconsistent with the requirements of this Ordinance, shall be considered a
separate offense. The County Commission may designate a qualified individual to inspect
any CAFO or Production Area used by the CAFO which has been issued a County Health
Permit and may initiate an enforcement action as provided by Section 192.300, RSMo.

13. SEVERABILITY
The sections, paragraphs, sentences, clauses and phrases o f this Ordinance are severable,
and if any section, paragraph, sentence, clause or phrase o f this Ordinance shall be
declared unconstitutional or otherwise invalid by the judgment or decree o f any court o f
competent jurisdiction, such unconstitutionality or invalidity shall not affect any o f the
remaining sections, paragraphs, sentences, clauses or phrases o f this Ordinance.

14. REPEAL OF ORDINANCES NOT TO AFFECT LIABILITIES, ETC.

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Whenever any part o f this ordinance shall be repealed or modified, either expressly or by
implication, by a subsequent ordinance, that part o f the ordinance thus repealed or
modified shall continue in force until the subsequent ordinance repealing or modifying
the ordinance shall go into effect unless therein otherwise expressly provided; but no suit,
prosecution, proceeding, right, fine or penalty instituted, created, given, secured or
accrued under this ordinance previous to its repeal shall not be affected, released, or
discharged but may be prosecuted, enjoined, and recovered as fully as if this ordinance or
provisions had continued in force, unless it shall be therein otherwise expressly provided.

15. E F FE C T IV E DATE
This Ordinance shall be in full force and effect from and after its passage by County
Commissioners, except as provided herein.

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