ATCP 50.60(2)(b)
(b) Within 90 days after the department receives a complete application under
par. (a), the department shall grant or deny the requested approval. Before the department grants or denies the application, the department shall solicit a recommendation from DNR. The department shall issue its decision in writing, and shall state the reasons for its decision.
ATCP 50.60 Note
Note: The department may identify other concerns related to a proposed ordinance, but will not formally approve or disapprove any ordinance provisions other than those identified by the local governmental unit under par. (a) 2. The department does not assume responsibility for the affirmative review and approval of every provision of every local regulation.
ATCP 50.60(2)(c)
(c) The department may approve a provision identified under
par. (a) 2. if the department finds that the provision is necessary to achieve compliance with water quality standards under s.
281.15, Stats., and that compliance cannot reasonably be achieved by less restrictive means.
ATCP 50.60(2)(d)
(d) The department may not review or approve individual permits or permit conditions under this subsection, except that the department may review standard permit conditions that are codified in a local regulation. The department may approve those codified conditions if they meet the standard for approval under
par. (c).
ATCP 50.60 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02.
ATCP 50.61
ATCP 50.61
General standards for cost-shared practices. ATCP 50.61(1)(1)
Cost-shared practices must comply. Cost-shared practices under this chapter shall comply with applicable standards under this subchapter.
ATCP 50.61(2)
(2) Standards adopted by rule. The department may not adopt, amend or repeal standards under this subchapter, except by rule.
ATCP 50.61 Note
Note: Before the department adopts, amends or repeals a standard by rule, the department will consider the recommendations of the standards oversight council, a voluntary multi-agency council that works to share technical information and coordinate technical standards among participating agencies. In order to adopt, amend or repeal a standard by rule, the department must follow the procedures in ch.
227, Stats.
ATCP 50.62(1)(a)
(a) "Animal feeding operation" means a feedlot or facility, other than a pasture, where animals are fed, confined, maintained or stabled for 45 days or more in any 12-month period. Two or more animal feeding operations under common ownership or management constitute a single animal feeding operation if any of the following apply:
ATCP 50.62(1)(a)2.
2. The operations use common plans, acreage or systems to landspread manure or other wastes.
ATCP 50.62(1)(a)3.
3. Manure, barnyard runoff or other wastes are commingled in a common storage facility prior to landspreading.
ATCP 50.62(1)(b)
(b) "Manure management system" means a system of one or more practices, facilities, techniques or measures used to prevent or reduce pollutants associated with manure. A "manure management system" may include one or more of the following:
ATCP 50.62(1)(c)
(c) "Manure storage facility" means one or more manure storage structures. "Manure storage facility" includes stationary equipment and piping used to load or unload a manure storage structure if the equipment is specifically designed for that purpose and is an integral part of the facility. "Manure storage facility" does not include equipment used to apply manure to land.
ATCP 50.62(1)(d)
(d) "Manure storage structure" means a manure storage impoundment made by constructing embankments, excavating a pit or dugout, or fabricating a structure. "Manure storage structure" does not include equipment used to apply manure to land.
ATCP 50.62(1)(e)
(e) "Manure storage system" means a manure storage facility and related practices needed for the environmentally safe storage of manure at that facility. A "manure storage system" does not include any of the following:
ATCP 50.62(2)
(2) Manure storage systems; eligible costs. A cost-share grant under
s. ATCP 50.40 may reimburse any of the following costs related to a manure storage system:
ATCP 50.62(2)(b)
(b) Costs to purchase and install permanent fencing needed to protect the system.
ATCP 50.62(2)(c)
(c) Abandonment of the system if abandonment is required to meet water quality objectives.
ATCP 50.62(2)(d)
(d) Costs to repair, reconstruct or modify the system, or to abandon a related well, if all of the following apply:
ATCP 50.62(2)(d)3.
3. The landowner has made a substantial investment in the system, and will lose that investment if the system is not repaired or modified.
ATCP 50.62(3)
(3) Manure storage systems; ineligible costs. A cost-share grant under
s. ATCP 50.40 may not reimburse any of the following costs:
ATCP 50.62(3)(a)
(a) Costs to design a manure storage system that is not installed.
ATCP 50.62(3)(b)
(b) Costs to construct, modify or support a building. This paragraph does not apply to a modification that is essential for the installation of a manure storage system, or to the construction of a roof pursuant to
s. ATCP 50.84.
ATCP 50.62(3)(c)
(c) Costs for equipment used to apply manure to land, including manure spreaders, portable pumps and other nonstationary equipment.
ATCP 50.62(3)(d)
(d) Any manure storage system costs related to an animal feeding operation if all of the manure from that operation could be applied to land according to the NRCS technical guide nutrient management standard 590 (September, 2005) without causing or aggravating nonattainment of water quality standards.
ATCP 50.62 Note
Note: The NRCS technical guide nutrient management standard 590 (September, 2005) is reproduced in Appendix D. The feasibility of applying manure to land under par. (d) will be determined in light of existing topographic, climatological and management factors.
ATCP 50.62(3)(f)
(f) Costs for more than one manure storage system for an animal feeding operation.
ATCP 50.62(3)(g)
(g) Costs for a manure storage system, to the extent that those costs exceed the cost of an equally effective alternative.
ATCP 50.62(3)(h)
(h) That portion of the system capacity needed to accommodate a significant increase in the base livestock population size. If the landowner chooses a system with additional capacity, the cost-share grant will be prorated based on the eligible capacity. The following criteria shall be used in making the determinations under this paragraph, as applicable:
ATCP 50.62(3)(i)
(i) A system capacity needed for a livestock population size for which a WPDES permit application is required under
s. NR 243.12 (1) (a) or
(b). The size of the livestock population shall be measured in animal units according to
s. NR 243.11 (2).
ATCP 50.62(4)
(4) Manure storage systems; grant disqualification. A county land conservation committee may not award a cost-share grant for a manure storage system if any of the following apply:
ATCP 50.62(4)(a)
(a) The landowner intentionally aggravated a pollution discharge from the animal feeding operation.
ATCP 50.62(4)(b)
(b) The landowner could prevent the discharge of pollutants through improved management practices at nominal cost.
ATCP 50.62(4)(c)
(c) The manure storage system will not achieve compliance with applicable state and local regulations.
ATCP 50.62(4)(d)
(d) The landowner holds, or is required to apply for, a Wisconsin pollution discharge elimination system permit for the animal feeding operation under s.
283.31, Stats.
ATCP 50.62(4)(e)
(e) The landowner could have prevented the discharge of pollutants by complying with an operations and maintenance plan previously agreed upon by the landowner and one of the following:
ATCP 50.62(5)
(5) Manure storage systems; design, construction and maintenance. A cost-share grant under
s. ATCP 50.40 may not reimburse any costs related to a manure storage system unless all of the following conditions are met:
ATCP 50.62(5)(a)
(a) The system capacity is necessary to store the manure produced by the animal feeding operation over a normal period of 30 to 365 days, as verified by a nutrient management plan or an operation and maintenance plan.
ATCP 50.62(5)(c)
(c) If the manure storage facility is designed to be emptied annually or semi-annually, manure from the system is incorporated into the soil within 3 days after it is applied to land.
ATCP 50.62(5)(d)
(d) No manure from the system is applied to frozen or saturated ground.
ATCP 50.62(5)(e)1.
1. NRCS technical guide waste storage facility standard 313 (December, 2005).
ATCP 50.62(5)(e)5.
5. NRCS technical guide heavy use area protection standard 561 (October, 2007).
ATCP 50.62 Note
Note: For information on how to obtain NRCS technical guide standards, including any secondary standards incorporated by reference in those standards, see Appendix G.
ATCP 50.62(5)(f)
(f) The landowner establishes a nutrient management plan, and agrees to comply with that plan and maintain the manure storage system for 10 years unless the animal feeding operation is discontinued.
ATCP 50.62 History
History: CR 01-090: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 05-013: am. (3) (d)
Register May 2007 No. 617, eff. 6-1-07;
CR 08-075: am. (5) (e) 1. to 3. and 5.
Register April 2009 No. 640, eff. 5-1-09.
ATCP 50.63
ATCP 50.63
Manure storage system closure. ATCP 50.63(1)(b)
(b) "Manure storage system closure" means permanently disabling and sealing a leaking or improperly sited manure storage system.
ATCP 50.63(2)
(2) Cost-share eligibility. A cost-share grant under
s. ATCP 50.40 may reimburse costs to close a manure storage system if any of the following conditions exist:
ATCP 50.63(2)(b)
(b) The manure storage system is in contact with or intercepts bedrock.
ATCP 50.63(2)(c)
(c) Manure has been discharged into surface or groundwater as a result of an irreparable structural failure in the manure storage system.
ATCP 50.63(2)(d)
(d) The county land conservation committee finds that continued use of the manure storage system is likely to result in resource degradation.
ATCP 50.63(3)
(3) Eligible costs. A cost-share grant under
s. ATCP 50.40 may reimburse any of the following costs related to the closure of a manure storage system:
ATCP 50.63(3)(a)
(a) Costs to design and remove any constructed soil liner, concrete liner or membrane liner.
ATCP 50.63(3)(c)
(c) Costs for filling, shaping and seeding the site to provide surface drainage away from the closed site.
