NR 151.05(3) (3)Closure.
NR 151.05(3)(a)(a) Closure of a manure storage facility shall occur when an operation where the facility is located ceases operations, or manure has not been added or removed from the facility for a period of 24 months. Manure facilities shall be closed in a manner that will prevent future contamination of groundwater and surface waters.
NR 151.05(3)(b) (b) The owner or operator may retain the facility for a longer period of time by demonstrating to the department that all of the following conditions are met:
NR 151.05(3)(b)1. 1. The facility is designed, constructed and maintained in accordance with sub. (2).
NR 151.05(3)(b)2. 2. The facility is designed to store manure for a period of time longer than 24 months.
NR 151.05(3)(b)3. 3. Retention of the facility is warranted based on anticipated future use.
NR 151.05(4) (4)Existing facilities.
NR 151.05(4)(a)(a) Manure storage facilities in existence as of October 1, 2002, that pose an imminent threat to public health, fish and aquatic life, or groundwater shall be upgraded, replaced, or abandoned in accordance with this section.
NR 151.05(4)(b) (b) Levels of materials in storage facilities may not exceed the margin of safety level.
NR 151.05 Note Note: Manure storage facilities are sometimes used to store non-agricultural wastes, such as septage or organic food wastes. These facilities may be subject to additional regulatory and cost-sharing requirements.
NR 151.05 History History: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (title), (2) (a), (4), cr. (2) (am) Register December 2010 No. 660, eff. 1-1-11.
NR 151.055 NR 151.055 Process wastewater handling performance standard.
NR 151.055(1)(1) All livestock producers shall comply with this section.
NR 151.055(2) (2) There may be no significant discharge of process wastewater to waters of the state.
NR 151.055(3) (3) The department shall consider all of the following factors when determining whether a discharge of process wastewater is a significant discharge to waters of the state:
NR 151.055(3)(a) (a) Volume and frequency of the discharge.
NR 151.055(3)(b) (b) Location of the source relative to receiving waters.
NR 151.055(3)(c) (c) Means of process wastewater conveyance to waters of the state.
NR 151.055(3)(d) (d) Slope, vegetation, rainfall, and other factors affecting the likelihood or frequency of process wastewater discharge to waters of the state.
NR 151.055(3)(e) (e) Available evidence of discharge to a surface water of the state or to a direct conduit to groundwater as defined under s. NR 151.002 (11m).
NR 151.055(3)(f) (f) Whether the process wastewater discharge is to a site that is defined as a site susceptible to groundwater contamination under s. NR 151.015 (18).
NR 151.055(3)(g) (g) Other factors relevant to the impact of the discharge on water quality standards of the receiving water or to groundwater standards.
NR 151.055 Note Note: Existing technical standards contained in the U.S. department of agriculture natural resources conservation service field office technical guide may be used for managing process wastewater. When such standards are not applicable, the landowner or operator is expected to take reasonable steps to reduce the significance of the discharge in accordance with the agricultural performance standard and prohibition compliance requirements of this chapter. The Wisconsin department of agriculture, trade and consumer protection is responsible under s. 281.16 (3) (c), Stats., for developing additional management practices if needed.
NR 151.055 History History: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.
NR 151.06 NR 151.06 Clean water diversion performance standard.
NR 151.06(1)(1) All livestock producers within a water quality management area shall comply with this section.
NR 151.06(2) (2) Runoff shall be diverted away from contacting feedlot, manure storage areas and barnyard areas within water quality management areas except that a diversion to protect a private well under s. NR 151.015 (18) (a) is required only when the feedlot, manure storage area or barnyard area is located upslope from the private well.
NR 151.06 History History: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (title) Register December 2010 No. 660, eff. 1-1-11.
NR 151.07 NR 151.07 Nutrient management.
NR 151.07(1) (1) All crop producers and livestock producers that apply manure or other nutrients directly or through contract to agricultural fields shall comply with this section.
NR 151.07 Note Note: Manure management requirements for concentrated animal feeding operations covered under a WPDES permit are contained in ch. NR 243.
NR 151.07(2) (2) This performance standard does not apply to the application of industrial waste and byproducts regulated under ch. NR 214, municipal sludge regulated under ch. NR 204, and septage regulated under ch. NR 113, provided the material is not commingled with manure prior to application.
NR 151.07 Note Note: In accordance with ss. ATCP 50.04, 50.48 and 50.50, nutrient management planners, Wisconsin certified soil testing laboratories and dealers of commercial fertilizer are advised to make nutrient management recommendations based on the performance standard for nutrient management, s. NR 151.07, to ensure that their customers comply with this performance standard.
NR 151.07 Note Note: If an application of material to cropland is regulated under ch. NR 113, 204, or 214, the management practices, loading limitations, and other restrictions specified in the applicable regulation apply to that application. However, nutrient management plans developed in accordance with this performance standard must account for all nutrient sources, including industrial waste and byproducts, municipal sludge, and septage. This means that the future application of manure and commercial fertilizer may be restricted by this performance standard due to other applications of industrial waste and byproducts, municipal sludge, and septage. In addition, it means that if industrial waste and byproducts, municipal sludge, or septage are placed in a manure storage structure and mixed with manure, the commingled material is also covered by this standard and must be accounted for by the producer when preparing and implementing a nutrient management plan.
NR 151.07(3) (3) Manure, commercial fertilizer and other nutrients shall be applied in conformance with a nutrient management plan.
NR 151.07(3)(a) (a) The nutrient management plan shall be designed to limit or reduce the discharge of nutrients to waters of the state for the purpose of complying with state water quality standards and groundwater standards.
NR 151.07(3)(b) (b) Nutrient management plans for croplands in watersheds that contain impaired surface waters or in watersheds that contain outstanding or exceptional resource waters shall meet the following criteria:
NR 151.07(3)(b)1. 1. Unless otherwise provided in this paragraph, the plan shall be designed to manage soil nutrient concentrations so as to maintain or reduce delivery of nutrients contributing to the impairment of impaired surface waters and to outstanding or exceptional resource waters.
NR 151.07(3)(b)2. 2. The plan may allow for an increase in soil nutrient concentrations at a site if necessary to meet crop demands.
NR 151.07(3)(b)3. 3. For lands in watersheds containing exceptional or outstanding resource waters, the plan may allow an increase in soil nutrient concentrations if the plan documents that any potential nutrient delivery to the exceptional or outstanding resource waters will not alter the background water quality of the exceptional or outstanding resource waters. For lands in watersheds containing impaired waters, the plan may allow an increase in soil nutrient concentrations if a low risk of delivery of nutrients from the land to the impaired water can be demonstrated.
NR 151.07(3)(c) (c) In this standard, impaired surface waters are waters identified as impaired pursuant to 33 USC 1313 (d) (1) (A) and 40 CFR 130.7. Outstanding or exceptional resource waters are identified in ch. NR 102.
NR 151.07(4) (4) This section is in effect on January 1, 2005 for existing croplands under s. NR 151.09 (4) that are located within any of the following:
NR 151.07(4)(a) (a) Watersheds containing outstanding or exceptional resource waters.
NR 151.07(4)(b) (b) Watersheds containing impaired waters.
NR 151.07(4)(c) (c) Source water protection areas defined in s. NR 243.03 (61).
NR 151.07(5) (5) This section is in effect on January 1, 2008 for all other existing croplands under s. NR 151.09 (4).
NR 151.07(6) (6) This section is in effect for all new croplands under s. NR 151.09 (4) on October 1, 2003.
NR 151.07 Note Note: The purpose of the phased implementation of this standard is to allow the department sufficient time to work with the Department of Agriculture, Trade and Consumer Protection and local governmental units to develop and implement an information, education and training program on nutrient management for affected stakeholders.
NR 151.07 History History: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (2) Register December 2010 No. 660, eff. 1-1-11; correction to (4) (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660.
NR 151.08 NR 151.08 Manure management prohibitions.
NR 151.08(1)(1) All livestock producers shall comply with this section.
NR 151.08(2) (2) A livestock operation shall have no overflow of manure storage facilities.
NR 151.08(3) (3) A livestock operation shall have no unconfined manure pile in a water quality management area.
NR 151.08(4) (4) A livestock operation shall have no direct runoff from a feedlot or stored manure into the waters of the state.
NR 151.08(5)(a)(a) A livestock operation may not allow unlimited access by livestock to waters of the state in a location where high concentrations of animals prevent the maintenance of adequate sod or self-sustaining vegetative cover.
NR 151.08(5)(b) (b) This prohibition does not apply to properly designed, installed and maintained livestock or farm equipment crossings.
NR 151.08 History History: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02.
NR 151.09 NR 151.09 Implementation and enforcement procedures for cropland performance standards.
NR 151.09(1) (1) Purpose. The purpose of this section is to identify the procedures the department will follow in implementing and enforcing the cropland performance standards pursuant to ss. 281.16 (3) and 281.98, Stats. This section will also identify circumstances under which an owner or operator of cropland is required to comply with the cropland performance standards. In this section, "cropland performance standards" means performance standards in ss. NR 151.005, 151.02, 151.03, 151.04, and 151.07.
NR 151.09(2) (2)Role of municipalities. The department may rely on municipalities to implement the procedures and make determinations established in this section.
NR 151.09 Note Note: In most cases, the department will rely on municipalities to fully implement the cropland performance standards. The department intends to utilize the procedures in this section in cases where a municipality has requested assistance in implementing and enforcing the cropland performance standards or in cases where a municipality has failed to address an incident of noncompliance with the performance standards in a timely manner. The department recognizes that coordination between local municipalities, the Department of Agriculture, Trade and Consumer Protection and other state agencies is needed to achieve statewide compliance with the performance standards. Accordingly, the department plans on working with counties, the Department of Agriculture, Trade and Consumer Protection and other interested partners to develop a detailed intergovernmental strategy for achieving compliance with the performance standards that recognizes the procedures in these rules, state basin plans and the priorities established in land and water conservation plans.
NR 151.09 Note Note: The department implementation and enforcement procedures for livestock performance standards relating to manure management are included in s. NR 151.095 and ch. NR 243.
NR 151.09(3) (3)Landowner and operator requirements.
NR 151.09(3)(a)(a) Introduction. This section identifies compliance requirements for landowners and operators based on whether the cropland is existing or new and whether cost sharing is required and made available to the landowner or operator.
NR 151.09(3)(b) (b) General requirements. If any cropland is meeting a cropland performance standard on or after the effective date of the standard, the cropland performance standard shall continue to be met by the existing landowner or operator, heirs or subsequent owners or operators of the cropland. If a landowner or operator alters or changes the management of the cropland in a manner that results in noncompliance with the performance standard, the landowner or operator shall bring the cropland back into compliance, regardless of whether cost-sharing is made available. This paragraph does not apply to croplands completing enrollment determined to be existing under sub. (4) (b) 2.
NR 151.09 Note Note: The department or a municipality may use conservation plans, cost share agreements, deed restrictions, personal observations, landowner records, or other information to determine whether a change has occurred.
NR 151.09(3)(c) (c) Existing cropland requirements.
NR 151.09(3)(c)1.1. A landowner or operator of an existing cropland, defined under sub. (4) (b), shall comply with a cropland performance standard if all of the following have been done by the department:
NR 151.09(3)(c)1.a. a. Except as provided in subds. 2. and 3., a determination is made that cost sharing has been made available in accordance with sub. (4) (d) on or after the effective date of the cropland performance standard.
NR 151.09(3)(c)1.b. b. The landowner or operator has been notified in accordance with sub. (5) or (6).
NR 151.09(3)(c)2. 2. A landowner or operator of existing cropland, defined under sub. (4) (b), shall comply with a cropland performance standard, regardless of whether cost sharing is available, in situations where the best management practices and other corrective measures needed to meet the performance standards do not involve eligible costs.
NR 151.09(3)(c)3. 3. A landowner or operator of an existing cropland that voluntarily proposes to construct or reconstruct a manure storage system shall comply with s. NR 151.07, regardless of whether cost sharing is made available, if the nutrient management plan is required pursuant to a local permit for the manure storage system.
NR 151.09 Note Note: Although the requirement for the nutrient management plan in this subd. 3 is tied to construction of a new manure storage system, the department intends to implement the nutrient management standard through s. NR 151.09 rather than through s. NR 151.095.
NR 151.09(3)(d) (d) New cropland requirements. A landowner or operator of a new cropland, defined under sub. (4) (b), shall comply with the cropland performance standards, regardless of whether cost sharing is available.
NR 151.09 Note Note: Under s. 281.16 (3) (e), Stats., a landowner or operator may not be required by the state or a municipality through an ordinance to bring existing croplands into compliance with the cropland performance standards, technical standards or conservation practices unless cost-sharing is available in accordance with this section.
NR 151.09(4) (4)Department determinations.
NR 151.09(4)(a)(a) Scope of determinations. If croplands are not in compliance with a cropland performance standard, the department shall make determinations in accordance with the procedures and criteria in this subsection.
NR 151.09(4)(b) (b) Cropland status. The department shall classify non-complying croplands to be either new or existing for purposes of administering this section and s. 281.16 (3) (e), Stats. In making the determination, the department shall base the decision on the following:
NR 151.09(4)(b)1. 1. An existing cropland is one that meets all of the following criteria:
NR 151.09(4)(b)1.a. a. The cropland was being cropped as of the effective date of the standard.
NR 151.09(4)(b)1.b. b. The cropland is not in compliance with a cropland performance standard in this subchapter as of the effective date of the standard. The reason for non-compliance of the cropland may not be failure of the landowner or operator to maintain an installed best management practice in accordance with a cost-share agreement or contract.
NR 151.09(4)(b)2. 2. An existing cropland also includes land enrolled on October 1, 2002, in the conservation reserve or conservation reserve enhancement program administered by the U.S. department of agriculture. This subdivision does not apply to croplands re-enrolled after October 1, 2002.
NR 151.09(4)(b)3. 3. A new cropland is one that does not meet the definition under subd. 1. or 2., including:
NR 151.09(4)(b)3.a. a. Land without a previous history of cropping that is converted to cropland after the effective date of the standard. "Without a previous history of cropping" means land where crops have not been grown and harvested for agricultural purposes in the last 10 years prior to the conversion to cropland.
NR 151.09(4)(b)3.b. b. Cropland that is in existence and in compliance with a performance standard on or after the effective date of the standard and that undergoes a change in a cropland practice that results in noncompliance with the performance standards.
NR 151.09 Note Note: The department or a municipality may use conservation plans, cost share agreements, deed restrictions, personal observations, landowner records, or other information to determine whether a change has occurred.
NR 151.09(4)(b)4. 4. Change in ownership may not be used as the sole basis for determining whether a cropland is existing or new for purposes of administering this subsection.
NR 151.09(4)(c) (c) Eligible costs.
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Published under authority of s. 35.93, Stats. Updated on the first day of each month. Entire code is alwaycurrent. The date shown on each chapter is the date the chapter was last published.