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.
ATCP 50.63(4)
(4) Ineligible costs. A cost-share grant under
s. ATCP 50.40 may not reimburse the costs of removing or spreading manure that can be removed using conventional equipment and routine agricultural practices.
ATCP 50.63(5)
(5) Design, construction and maintenance. A cost-share grant under
s. ATCP 50.40 may not reimburse any costs related to the closure of a manure storage system unless the closure plan complies with NRCS closure of waste impoundments standard 360 (November, 2006).
ATCP 50.63 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 50.64
ATCP 50.64
Barnyard runoff control systems. ATCP 50.64(1)(1)
Definition. In this section, "barnyard runoff control system" means a system of facilities or practices used to contain, divert, retard, treat or otherwise control the discharge of runoff from outdoor areas of concentrated livestock activity. A "barnyard runoff control system" may include any of the following components which is necessary to contain, divert, retard, treat or control surface water runoff:
ATCP 50.64(2)
(2) Eligible costs. A cost-share grant under
s. ATCP 50.40 may reimburse any of the following costs related to a barnyard runoff control system:
ATCP 50.64(2)(a)
(a) Costs for system components under
sub. (1) that are eligible for reimbursement under this subchapter.
ATCP 50.64(2)(b)
(b) Costs to establish permanent vegetative cover, or to provide temporary cover pending the establishment of permanent cover. This may include costs for mulch, fertilizer, seed and other necessary materials.
ATCP 50.64(2)(c)
(c) Costs for modification of a building that is essential for installation of the barnyard runoff control system, or for construction of a roof pursuant to
s. ATCP 50.84.
ATCP 50.64(3)
(3) Ineligible costs. A cost-share grant under
s. ATCP 50.40 may not reimburse any of the following costs:
ATCP 50.64(3)(a)
(a) Costs to design a barnyard runoff control system that is not installed.
ATCP 50.64(3)(d)
(d) Costs of a proposed practice, to the extent that those costs exceed the cost of an equally effective alternative.
ATCP 50.64(4)
(4) Barnyard runoff control systems; grant disqualification. A county land conservation committee may not award a cost-share grant for a barnyard runoff control system if any of the following apply:
ATCP 50.64(4)(a)
(a) The landowner intentionally aggravated a pollution discharge from the animal feeding operation.
ATCP 50.64(4)(b)
(b) The landowner could prevent the discharge of pollutants through improved management practices at nominal cost.
ATCP 50.64(4)(c)
(c) The barnyard runoff control system will not be adequate to achieve compliance with applicable state and local regulations.
ATCP 50.64(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 50.64(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 50.64(5)
(5) Design, construction and maintenance. A cost-share grant may not reimburse any costs for a barnyard runoff control system unless all of the following conditions are met: