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Committee proposes simple proof of financial assurance for large livestock permits; exact safeguards to be drafted
Summary
The committee recommended language requiring operators to provide documentation that sufficient funds or insurance exist to cover pollution cleanup, nuisance abatement or closure, with members suggesting copying short language from the Maiden Rock ordinance and scaling requirements to operation size.
Portage County committee members discussed requiring proof of financial assurance from applicants for industrial livestock operation permits so the county would not bear cleanup or closure costs if an operator ceases or fails to remediate impacts.
Several members recommended concise language (modeled on the Maiden Rock ordinance) that would require applicants to attach documentation showing availability of funds for pollution cleanup, nuisance abatement and proper closure if an operation is abandoned. Suggested acceptable documentation included a certificate of insurance, escrowed reserves, or a letter of credit; members emphasized the form should be flexible and should scale with the size of operation.
Speakers flagged practical questions: who sets the financial threshold and how much such financial assurance costs applicants (banks and insurers charge differing rates); several members said operators commonly carry environmental riders or pollution insurance that would satisfy the requirement. The committee did not set numeric thresholds but asked staff to draft scaled language and to include a requirement that the applicant provide documentation of financial assurance as part of the permit application.
The committee will review the drafted language before its Dec. 3 meeting.
