Property Line and Road Setbacks
Except for manure storage and certain types of housing, this rule retains property line and road setback requirements for livestock structures for facilities under 2,500 animal units and increases the maximum property line and road setback to 300 feet for facilities with 2,500 animal units or more.
This rule:
Establishes minimum property line setbacks for manure storage structures based on the size of the livestock facility.
Establishes minimum property line setbacks for certain types of livestock housing based on the size of the livestock facility.If a livestock facility is organized in one or more clusters (a grouping of livestock structures separated from another grouping by a 1,000 or more feet), the livestock facility may follow the setback requirements based on the AUs in each cluster. This option is not available if manure is comingled among clusters.
This rule retains provisions that allow limited expansion of manure storage and housing structures within setback areas, as long as the expansion is away from the property line or public road right-of-way to which the local setback applies. In addition, as noted below, this rule allows operators to reduce setbacks for new or expanded manure storage and certain types of housing structures through the implementation of odor control practices.
Odor Management; Livestock Structures
This rule provides for the phase out of the odor standard, originally adopted in 2006. In its place, this rule adopts a system of setbacks for high odor sources (manure storage and certain types of housing). Under the new system, operators will not be required to address odor from low odor sources such as animal lots and freestall barns. With its emphasis on setbacks, the new system is similar to odor management approaches in surrounding states, and it uses most of the odor control practices originally developed for the 2006 odor standard.
For livestock operations issued a permit prior to the effective date of this rule revision, they must continue to meet the requirements of the odor standard in their permits. When they are granted a new local approval, they are released from these requirements unless they have manure storage located within 600 feet of the facility’s property line or livestock housing located within 400 feet of the facility’s property line. In this case, they need to develop an odor management plan for these structures, and the plan should incorporate odor control practices which the operator agreed to implement as part of a local approval granted before the effective date of the rule change unless the operator provides a financial or other justification for discontinuation of the practice. Livestock facilities seeking local approval for the first time after adoption of this rule revision will not need to complete an odor management plan for existing manure storage and livestock housing, unless these structures are located within the separation distances discussed above.
For new or expanded manure storage structures and certain types of livestock housing, the new odor standard requires that operators meet setbacks distances determined using OFFSET. Livestock operators may earn credit for odor control practices in the form of reductions to setback requirements, allowing construction within the setback areas. The rule no longer supports certain low credit odor control practices that are not reliable, difficult to document or have uncertain effectiveness including diet manipulation, windbreaks (includes manmade berms), and chemical or biological additives. Worksheet 2 has been modified to enable operators to document odor control practices and calculate the reduced setbacks based on installation and maintenance of these practices. Worksheet 2 includes revised specifications for the odor control practices that the operator must meet to claim a credit.
Waste and Nutrient Management
To achieve maximum consistency with nonpoint rules, this rule requires operators to have and follow a nutrient management plan that complies with ATCP 50. The 2015 NRCS 590 Standard is now the basis for nutrient management plans. In addition, this rule adds requirements that livestock operators comply with NR 151 cropland performance standards related to soil erosion, a tillage setback, and the phosphorus index.
Regarding nutrient management plans, this rule clarifies that a plan must account for all land applications of manure and related waste generated by the maximum number of animal units authorized by a permit or other local approval. For the purposes of determining waste generation, this rule and related Worksheet 3 now use the Wisconsin Conservation Planning Technical Note WI-1 (February, 2016) to estimate quantities of manure.
Worksheet 3 will require that operators attach map(s) showing the land where waste will be applied and any restrictions limiting the application of waste to that land. Additional documentation may be required by the local government to verify that rental land is available.
A new nutrient management checklist is incorporated to document compliance with the 2015 NRCS 590 Standard.
This rule eliminates the option for livestock facilities under 500 AUs to avoid a nutrient management plan if the operation has an adequate land base.
This rule clarifies that local governments may require all operators with siting permits (including livestock facilities with over 1,000 AUs known as Concentrated Animal Feeding Operations “CAFOs”) to submit documentation related to annual nutrient management updates, and monitor an operator’s compliance with a nutrient management plan. Under Wis. Admin. Code § ATCP 50.04(3)(gm), a nutrient management plan must be reviewed annually to determine whether the plan accurately reflects the planned cropping, tolerable soil loss, nutrient application rates, and application methods, and shall be updated by a nutrient management planner when necessary to reflect changes to planned activities. Waste Storage Facilities
This rule clarifies that new or expanded waste storage structures, designed solely for storage of process wastewater, must meet NRCS technical guide waste storage facility standard 313 or ch. NR 213, whichever applies. Changes to the waste storage facility Worksheet 4 require the operator to identify all existing, modified, and new storage facilities by a unique identifier.
For existing storage facilities, which can only be used if properly certified, this rule makes changes in how evaluations must be conducted. It provides more flexibility for certification by creating a document-only option (e.g. manure storage ordinance certification) for a facility constructed within the last three years according to then-existing NRCS standards, and visual inspections for any facility constructed within the last ten years according to then-existing NRCS standards. However, more effective inspection and documentation requirements apply to older storage facilities, including the need to empty the facility before inspection. A full investigation of an emptied storage should verify that the bottom of structure corresponds with built plans, if any, or has adequate separation distance to groundwater. If there is no reliable documentation, a full inspection including test pits may be required, and a local government may request a written report documenting the methods used for evaluation and the findings in support of the conclusions reached in the evaluation. The rule also requires that the operator perform subsequent evaluations at certain intervals after an initial evaluation is conducted.
New or substantially altered waste storage structures and transfers systems must be designed and constructed according to the following standards:
NRCS technical guide manure storage facility standard 313 (October, 2017R) and related liner standards. (NRCS 520, 521 and 522)
NRCS technical guide manure transfer standard 634 (January, 2014).This rule will require that an operator close an existing waste storage facility that cannot be certified as safe to use.
This rule clarifies the options for a local government to monitor compliance including verification that a new or modified waste storage facility is constructed according to specifications. In addition to inspections, the local government may require applicants to submit documentation verifying that new and substantially altered facilities are constructed according to technical standards.
Runoff Management
Every new or substantially altered animal lot must be designed and constructed according to NRCS technical guide vegetated treatment area standard 635 (January, 2016R). This standard may require operators to install roofing or route runoff to storage in place of using a vegetated treatment area.
Existing animal lots may still use the BARNY runoff model to predict annual phosphorus runoff from the animal lot. A lot may still qualify as existing with minor alterations, which are now more clearly defined in this rule. Under this rule, operations must meet the more demanding annual discharge standard of less than five lbs. of phosphorus, if the animal lot is located within:
1,500 feet from navigable lakes, ponds and flowages
450 feet from wetlands and navigable streams and rivers
750 feet from conduits to groundwater
450 feet from surface inlets that discharge to navigable waters
225 feet from channelized flow (i.e., a drainage area of ≥ 5 acres)
225 feet from subsurface drainsStructures located outside the boundaries indicated above may meet the runoff standard by documenting a discharge of less than 15 lbs. of phosphorus annually.
This rule clarifies the prohibition against direct runoff from animal lots to any direct conduit to groundwater (such as a sinkhole) and now includes runoff to surface waters of the state.
While this rule holds livestock operations to a standard of no significant discharge, it does make changes in runoff standards for animal lots, as well as feed storage areas, to account for the U.S. Environmental Protection Agency’s “no discharge” standard for animal feeding operations, and changes in the NRCS technical standards designed to implement the federal “no discharge” standard.
This rule substantially changes requirements for feed storage facilities. Existing buildings, bunkers, or paved areas used to store feed must be evaluated to determine whether they meet technical standards, are in good repair and do not have signs of a significant discharge. A local government may request a written report documenting the methods used for evaluation and the findings in support of the conclusions reached in the evaluation. New operating requirements for existing feed storage include the diversion of clean water and collection and storage of leachate and initial runoff.
Every new or substantially altered feed storage structure, including any unroofed building, bunker or paved area used for feed storage or handling, now must be designed, constructed and maintained in accordance with NRCS technical guide waste treatment standard 629 (January, 2017), with the leachate and contaminated runoff from such storage structures being collected and stored for future land application, or treated in accordance with NRCS technical guide vegetated treatment area standard 635 (September, 2016R).
If a new or expanded feed storage structure is less than one acre and not located in or near a sensitive area, the new or altered portions of feed storage structure must meet design requirements for the floor of the structure, but may manage runoff in any manner that avoids a significant discharge.
To ensure consistency with the prohibition against significant discharges in the nonpoint rules (see Wis. Admin. Code § NR 151.055), this proposed rule reflects current standards and practices for managing milkhouse wastewater. Storing waste is required except for small operations that generate less than 500 gallons of milking center wastewater daily. Existing clean water diversion requirements related to feed storage have been expanded to be consistent with NR 151, which requires diversion if structures are located within 300 feet of wetlands and 500 feet from any conduit to groundwater.
CAFO Permit Substitutions
This proposed rule more clearly defines how CAFOs can demonstrate compliance with siting standards based on a Wisconsin Pollutant Discharge Elimination System (WPDES) permit. Because the Department of Natural Resources (“DNR”) does not issue CAFO permits with a maximum number of animal units, this rule eliminates the requirement that CAFOs provide WPDES permits documenting the same number of animal units as sought for local approval under the siting rule. This rule still allows CAFOs to demonstrate compliance with the nutrient management requirements based on a WPDES permit, but imposes more specific requirements to submit a nutrient management checklist that was previously submitted to DNR as long as the nutrient management plan covers the same or greater number of animal units than the number for which the operator seeks local approval. CAFOs also must demonstrate compliance with the siting standards related to manure storage and runoff management by submitting plans and specifications approved by DNR for relevant livestock structures. Also, the applicant must certify that the livestock facility has met all WPDES permit conditions, and does not have any WPDES permit violations.
Permit Modifications
This rule establishes a clear framework to allow permit modifications for expanding livestock facilities previously granted local approval. This rule specifically:
Limits the fee to $500 or less.
Sets criteria to qualify for a permit modification for livestock operators who plan either to (1) construct or alter one or more livestock structures without increasing the maximum number of animal units housed on the livestock operation or (2) increase the maximum number of animal units by up to 20 percent (but in no case increase more than 1000 animal units) without constructing or altering any livestock structures.
