ATCP 51.34(4)
(4) Terms of approval. An approval under
sub. (1) is conditioned on the operator's compliance with subch.
II and representations made in the application for approval. This chapter does not limit a political subdivision's authority to do any of the following:
ATCP 51.34(4)(b)
(b) Withdraw an approval, or seek other redress provided by law, if any of the following apply:
ATCP 51.34(4)(b)1.
1. The operator materially misrepresented relevant information in the application for local approval.
ATCP 51.34(4)(b)2.
2. The operator, without authorization from the political subdivision, fails to honor relevant commitments made in the application for local approval. A political subdivision may not withhold authorization, under this subdivision, for reasonable changes that maintain compliance with the standards in subch.
II.
ATCP 51.34(4)(b)3.
3. The livestock facility fails to comply with applicable standards in subch.
II.
ATCP 51.34 Note
Note: A political subdivision should exercise sound judgment in deciding whether to take compliance action under sub. (4) (b). The political subdivision may consider extenuating circumstances, such as adverse weather conditions, that may affect an operator's ability to comply. A political subdivision may also consider the nature and seriousness of the violation, whether the violation was intentional or accidental, the operator's compliance history, consistency of enforcement, and whether the problem can be resolved without formal enforcement. Before taking compliance action, a political subdivision should give the operator notice and a reasonable opportunity to demonstrate compliance.
