TOWN OF CHICOG
Concentrated Animal Feeding Operations (CAFO) Free Ordinance
STATE OF WISCONSIN
Town of Chicog
Section I: Title and Purpose
The title of this ordinance is the Town of Chicog Concentrated Animal Feeding Operations (CAFO) Free Ordinance which operations are hereby declared a public nuisance. The purpose of this ordinance is to protect the People and Natural Resources of the Town Of Chicog from Degradation by Concentrated Animal Feeding Operations (CAFOs).
Section II: Recital
The amount of urine and feces produced by the smallest CAFO is equivalent to the quantity of urine and feces produced by 16,000 humans. CAFO waste is usually not treated to reduce disease-causing pathogens, nor to remove chemicals, pharmaceuticals, heavy metals, or other pollutants.
Over 168 gases are emitted from CAFO waste, including hazardous chemicals such as ammonia, hydrogen sulfide, and methane.
Airborne particulate matter is found near CAFOs and can carry disease-causing bacteria, fungus, or other pathogens.
Animals frequently die in CAFOs. Their carcasses, often in large numbers, must be dealt with.
Infestations of flies, rats, and other vermin are commonplace around CAFOs and therefore around CAFO neighbors.
Nutrients in this CAFO waste can cause bright-green algae blooms in ditches, streams, and lakes. As these surface-water algae blooms die off, the oxygen in the water is depleted. What does this do? It can lead to fish kills. Additionally, drinking-water plants must remove these nutrients before water is fit for consumption.
Manure stored in lagoons releases methane and nitrous oxide, global warming gases more powerful than carbon dioxide.
CAFO spills such as the 2009 spill in Indiana resulted in widespread fish kills and necessitated hundreds of thousands of dollars in clean up [and] the 2016 spill] More recently, in June of 2016, 30,000 gallons of dairy waste was dumped into the Little Flatrock River killing fish for 10 miles from Milroy to Greensburg forcing the Greensburg drinking water utility to close their surface water intake. [And]
Some families who rely on well water as their primary source of drinking water report that it smells like manure and is undrinkable. Several have reported that nearby streams often have a “murky” or “frothy” look and smell like animal waste. Some residents report that: The resulting stench from these gasses can be unbearable, but even more concerning are the serious health effects they can create. For instance, one of the most dangerous gasses produced, hydrogen sulfide, can be harmful even at low levels. It is a potent neurotoxin that can cause damage to the brain and nervous system. People exposed to concentrations of even 0.1-1 parts per million (ppm), display neurobehavioral dysfunction, including abnormal balance and delays in verbal recall. Its effects are irreversible and can also include skin rashes, seizures, comas, and even death.
Rather than create jobs for the local economy, this system of vertical integration which focuses on maximizing corporate profits tends to reduce local jobs due in part to the highly mechanized nature of raising livestock in a factory-like setting. In fact, studies show that every CAFO worker replaces nearly three independent family farms.41 Furthermore, what jobs do exist on CAFOs typically come with low wages and undesirable working conditions, leaving them staffed by itinerant workers who spend little money in the communities where they work.42
Source for above: https://www.hecweb.org/wp-content/uploads/2019/03/CAFO-Workshop-Education-Materials-Newton.pdf
CAFOs have been demonstrated to be detrimental to human health and the environment including that the EPA and USDA have determined that CAFOs are “the largest cause of water quality impairment in the country’s rivers, streams, lakes, ponds, and reservoirs” and that “they contribute to the impairment of approximately 37% of the nation’s surveyed rivers and streams.” Seepage from the lagoons contaminate groundwater, which increases the chances of E. coli bacteria showing up in major water sources.
CAFOs are not just dangerous to human and animal health; they also produce greenhouse gases and contribute to global climate change. ,
CAFOs have been demonstrated to be instrumental in abetting the development of antibiotic resistance threatening human health;
Source for the above:
Whereas the people of the Town of Chicog assert their inherent right to a clean and healthy environment as a human right; and, assert that right to protect their natural and cultural resources from harm caused by CAFOs; and,
Whereas, the people of the Town of Chicog wish and intend to preserve and protect the rural, Northwood’s Character of the town, including its forests, rivers, lakes and streams, as well as its quality of air and general health and public safety; and,
Whereas the people of the Town of Chicog wish to protect their primary industry of tourism which depends on a clean and healthy environment; and,
Whereas the people of the Town of Chicog consider CAFOs to be a public nuisance; and,
Whereas the people of the Town of Chicog desire to exercise their right to promote the general welfare as specified in the Constitution of the United States and the Constitution of the State of Wisconsin; and,
Whereas the people of the Town of Chicog assert their natural rights to self-government and to protect themselves from the incursion of CAFOs.
Section III: Legal Basis for this Ordinance
The Wisconsin Constitution, Article 1, Section 1, “Equality; inherent rights” which declares: “All people are born equally free and independent, and have certain inherent rights;
among these are life, liberty and the pursuit of happiness; to secure these rights, governments are
instituted, deriving their just powers from the consent of the governed.”
The Wisconsin Constitution, Article XI, Section 3, which grants home rule to allow cities and villages control over their local affairs.
The Wisconsin Statutes pursuant to which the Town is granted Village Powers, and the associated powers thereof, under §§60.10(2)(c), 60.22(3), 61.34(1).
The Wisconsin Statutes, §§60.62, 61.35, and 62.23(7), related to planning, zoning and other authority.
The police powers of the Town pursuant to Wisconsin Statutes §§61.34(1) and
Section IV: Adoption of Ordinance
This ordinance, adopted by a majority of the Town Board on a roll call vote with a quorum present and proper notice having been given duly enact this Ordinance.
Section V: Subdivision and Numbering Of This Ordinance
This ordinance is divided into sections designated by uppercase Roman numerals. Sections may be divided into subsections designated by uppercase letters. Subsections may be divided into paragraphs designated by numbers. Paragraphs may be divided into subdivisions designated by lowercase letters. Subdivisions may be divided into subdivision paragraphs designated by lowercase Roman numerals. Reference to a “section,” “subsection,” “paragraph,” or “subdivision” includes all divisions of the referenced section, subsection, paragraph, or subdivision
Section VI: Definition of terms
A. A “Concentrated Animal Feeding Operation” or CAFO is any facility that requires a permit from the Wisconsin Department of Natural Resources under Chapter NR 243 of the Wisconsin Administrative Code and is here by defined as any concentrated animal feeding operation of more than 100 animals, including hogs, chickens, cattle or other animals, at any given time wherein animals are confined and not pastured or free in a grazing area. Two or more lots under common ownership or common management or operation are a CAFO if one or more of the following is true:
1. The operations are adjacent
2. The operations utilize common systems for land spreading of manure
3. Animals are transferred between the lots or facilities
4. The lots share facilities, staff, vehicles or equipment
5. Manure, barnyard runoff or other wastes are comingled in a common storage facility at any time.
B. “Northwood’s Character,” is defined as a rural region characterized by interspersed forests and small farms, clean and healthy lakes and rivers, unpolluted groundwater, clean, healthy air, a minimal built environment (small cottages, small farms, campgrounds, and minimal infrastructure), of a semi-wilderness character, a place primarily used for recreation in the clean and healthy environment of the out-of-doors, offering recreational opportunities to fish, hunt, hike, trap, forage, snowmobile, and like opportunities.
C. A Public Nuisance is defined as a thing, corruption, condition, or use of property that substantially annoy, injure, endanger the comfort, health, repose, or safety of persons of ordinary sensibilities; in any way render the public insecure in life and property;
D. Corporations are defined as “any business entity organized under the laws of any state or country”.
Section VII: Statement of Law
A. It shall be unlawful for any corporation, business, or individual to establish, own, lease, or operate a Concentrated Animal Feeding Operation, (popularly known as a CAFO), as defined above, in the Town of Chicog
Section VIII: Enforcement
A. Standing, Actions and Penalties
1. The Town of Chicog shall take all necessary actions to implement, defend, and enforce the provisions of this Ordinance including bringing suit in a court of law.
2. Any residents of the Town of Chicog may lawfully enforce or defend the provisions of this Ordinance by bringing suit in an appropriate court; and,
3. Upon conviction by a court of law the violator will pay a forfeiture of not more than $1,000.00 and not less than $100.00 plus the applicable surcharges, assessments, and costs for each violation.
4. Each day a violation exists or continues shall be considered a separate offense under this ordinance.
5. Penalties: the Town of Chicog or resident individuals may seek either monetary compensation to the amount of the restoration costs or require the violators to restore damaged ecosystems, ground and surface water to their original state prior to the offense.
B. Under this Ordinance corporations that engage in violations of this Ordinance shall not be deemed as possessing rights normally accruing to human persons. In addition to any other penalty imposed by this Ordinance, the cost of abatement of any public nuisance, the Town of Chicog may collect under Sec. 823.06 of Wis. Statutes against the owner of the real estate upon which such public nuisance exists.
Section IX: Severability
If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
Section X: Effective Date
This ordinance shall be effective as of the date of publication in the town’s official newspaper or posting in accordance with Wis. Stats. 60.80
TOWN BOARD TOWN OF CHICOG
Dated this ______ day of ____________, _______.