NR 243.03(70) (70)“25-year, 24-hour rainfall event" means a rainfall event measured in terms of the depth of rainfall occurring within a 24-hour period and having an expected recurrence interval of once in 25 years as identified in Table 1.
NR 243.03(71) (71)“Unacceptable practice" means a practice that causes or has caused the discharge of pollutants to waters of the state or that results in an operation's failure to comply with livestock performance standards and prohibitions outlined in ch. NR 151.
NR 243.03(72) (72)“Wastewater treatment strip" means a constructed strip or area of vegetation for reducing sediment, organic matter and other pollutants.
NR 243.03(73) (73)“Waters of the state" has the meaning specified under s. 283.01 (20), Stats.
NR 243.03(74) (74)“Water quality management area" or “WQMA" has the meaning in s. NR 151.015 (24).
NR 243.03(75) (75)“Wetland" means areas delineated on a hydric soils map that are dominated by hydrophytic vegetation. Wetlands do not include prior converted or farmed wetlands.
NR 243.03(76) (76)“Wetland functional values" means the values or uses of wetlands established in s. NR 103.03 (1).
NR 243.03(77) (77)“Wet soil" means soil that is not saturated but has a moisture content that limits its ability to absorb significant amounts of additional liquid.
NR 243.03(78) (78)“Winter acute loss index value" means the value calculated using the phosphorus index that identifies the relative level of risk for acute losses of manure and process wastewater pollutants associated with surface applications during frozen or snow-covered conditions.
NR 243.03(79) (79)“WPDES" means the Wisconsin pollutant discharge elimination system established under ch. 283, Stats.
NR 243.03 History History: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.
NR 243.04 NR 243.04Rainfall events. The design rainfall amount and probable intensity of 25-year, 24-hour and 100-year, 24-hour rainfall events for locations in Wisconsin shall be determined from the data in Table 1, or for a particular location, the determination may be made on the basis of more recent rainfall probability data verified by a government agency and approved by the department for this purpose. - See PDF for table PDF
NR 243.04 History History: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.
NR 243.05 NR 243.05Calculating animal units.
NR 243.05(1)(1)General. The total number of animal units at an operation shall be calculated using the methods in both subs. (2) and (3). The department shall compare the totals under both of these methods and shall use the highest calculated total to determine the size of an animal feeding operation. An owner or operator of an animal feeding operation shall use form 3400-25A for calculating the number of animal units present at the operation.
NR 243.05 Note Note: In accordance with the definition in s. NR 243.03(4), animals included in the total count may be housed at more than one site or location.
NR 243.05 Note Note: Form 3400-25A can be obtained at regional offices of the department or the department's Bureau of Watershed Management, 101 S. Webster St., P.O. Box 7921, Madison, Wisconsin 53707.
NR 243.05(2) (2)Combined animal units. The number of animal units present at an operation shall be calculated by multiplying the number of animals for each animal type by the appropriate equivalency factor in Table 2A. The total number of animal units at the operation is the sum of the calculated animal unit numbers of all animal types present at the operation.
NR 243.05 Note Note: Under the combined animal unit calculation, an operation with 400 animal units of milking cows, 300 animal units of heifers and 200 animal units of swine would have a total of 1000 animal units present.
NR 243.05(3) (3)Individual animal units. The number of animal units present at an operation shall be calculated by multiplying the number of animals for each animal type by the appropriate equivalency factor in Table 2B. The total number of animal units at an operation is the highest calculated number of animal units for any individual animal type.
NR 243.05 Note Note: Under the individual animal unit calculation, an operation with 400 animal units of milking cows, 300 animal units of heifers and 200 animal units of swine would have 400 animal units present.
NR 243.05(4) (4)Other animal types. For animal types not listed in Table 2A, the department shall base equivalency to animal units on live animal weights, the characteristics of the manure, including nutrient content or pollutant concentration, or a combination of both. In cases based strictly on live weight, 1,000 pounds of live weight is equivalent to one animal unit. - See PDF for table PDF - See PDF for table PDF
NR 243.05 History History: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.
NR 243.06 NR 243.06Variances.
NR 243.06(1)(1)A permittee may request a waiver or variance to a requirement of this chapter. Subject to sub. (2), the department may approve a variance from a requirement in this chapter when special circumstances show that a variance is needed and the approval of the variance will not negatively impact or threaten the environment or public health. A request for a variance shall be submitted in writing and shall specify the requirement in this chapter from which a variance is requested and the reasons a variance is needed. The department shall approve or deny the variance within 30 days after the request is submitted.
NR 243.06(2) (2)The department may not grant a waiver or variance to a federal statutory or regulatory requirement or to a state statutory requirement.
NR 243.06 Note Note: If a permittee seeks approval of a variance to a requirement from this chapter that is specified in a WPDES permit, the permit must be modified to include the approved variance. Consequently, permittees should consider submitting any variance requests as part of the permit application process, so if approved, the variance can be incorporated into the permit.
NR 243.06 Note Note: An animal feeding operation may participate in the Environmental Results Program (also known as the Green Tier Program) pursuant to s. 299.83, Stats. For more information on this innovative program that provides regulatory flexibility and superior environmental results, please contact the department at 608-267-3125.
NR 243.06 History History: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.
NR 243.07 NR 243.07Incorporation by reference.
NR 243.07(1)(1)Code of federal regulations. 40 CFR 412.22 in effect as of July 1, 2007, is incorporated by reference for this chapter. This federal regulation references 40 CFR 125.30 through 125.32 and these federal regulations are also incorporated by reference for this chapter. Copies of these regulations are available for inspection at the offices of the department and the legislative reference bureau, Madison, Wisconsin.
NR 243.07 Note Note: Copies of these materials may be also be viewed online at www.gpo.gov, or may be purchased for personal use from: Superintendent of Documents, U.S. Government Printing Office, PO Box 371954, Pittsburgh, PA 15250-7954, phone: (202) 783-3238.
NR 243.07(2) (2)Other materials. The materials listed in this section are incorporated by reference for this chapter. Some of the technical standards include secondary materials which are also incorporated by reference for this chapter. Copies of these materials are available for inspection at the offices of the department and the legislative reference bureau, Madison, Wisconsin. The materials incorporated by reference include:
NR 243.07(2)(a) (a) NRCS Standard 313, dated December 2005. NRCS Standard 313, dated December 2005, includes all of the following materials:
NR 243.07(2)(a)1. 1. NRCS Agricultural Waste Management Field Handbook, Part 651, chs. 9 and 10, 1992.
NR 243.07(2)(a)2. 2. NRCS Standard 342, dated June 2002.
NR 243.07(2)(a)3. 3. NRCS Construction Specification 4, dated September 2003.
NR 243.07(2)(a)4. 4. NRCS Construction Specification 203, dated March 2005.
NR 243.07(2)(a)5. 5. NRCS Construction Specification 204, dated March 2005.
NR 243.07(2)(a)6. 6. NRCS Construction Specification 300, dated December 2005.
NR 243.07(2)(a)7. 7. American Concrete Institute 318, Building Code Requirements for Reinforced Concrete, in effect as of July 1, 2007.
NR 243.07(2)(a)8. 8. ASTM Standard D-653-05.
NR 243.07(2)(a)9. 9. ASTM Standard D-2488-00.
NR 243.07(2)(a)10. 10. ASCE Standard SEI/ASCE 7-02.
NR 243.07(2)(a)11. 11. ASAE Standard EP378.3.
NR 243.07(2)(a)12. 12. ASAE Standard EP393.2.
NR 243.07(2)(b) (b) NRCS Standard 332, dated May 2002.
NR 243.07(2)(c) (c) NRCS Standard 360, dated December 2002.
NR 243.07(2)(d) (d) NRCS Standard 393, dated January 2001.
NR 243.07(2)(e) (e) NRCS Standard 585, dated June 2002.
NR 243.07(2)(f) (f) NRCS Standard 634, dated December 2005. NRCS Standard 634, dated December 2005, includes all of the following materials:
NR 243.07(2)(f)1. 1. NRCS Construction Specification 15, Plastic Pipe Conduits, dated January 2006.
NR 243.07(2)(f)2. 2. NRCS Standard 430DD-1, dated December 1988.
NR 243.07(2)(g) (g) NRCS Standard 635, dated January 2002. NRCS Standard 635, dated January 2002, includes all of the following materials:
NR 243.07(2)(g)1. 1. NRCS Standard 350, dated July 2002.
NR 243.07(2)(g)2. 2. NRCS Standard 612, dated March 2003.
NR 243.07 Note Note: Copies of NRCS technical standards may be inspected at offices of the department, DATCP, NRCS (http://www.wi.nrcs.usda.gov), county land conservation departments and legislative reference bureau, Madison, Wisconsin.
NR 243.07 Note Note: Copies of ASTM Standards may be obtained online at www.astm.org or at the corresponding address: American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
NR 243.07 Note Note: Copies of ASCE Standards may be obtained from the American Society of Civil Engineers online at http://www.asce.org.
NR 243.07 Note Note: Copies of ASAE Standards may be obtained from the American Society of Agricultural and Biological Engineers online at http://www.asabe.org.
NR 243.07 History History: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07; corrections in (1) and (2) (intro.) made under s. 13.92 (4) (b) 6., Stats., Register April 2013 No. 688.
subch. II of ch. NR 243 Subchapter II — Requirements for Large Concentrated Animal Feeding Operations
NR 243.11 NR 243.11Large concentrated feeding operations.
NR 243.11(1)(1)Applicability. The provisions of this subchapter are applicable to existing large CAFOs, proposed expansions of existing animal feeding operations that will become large CAFOs and newly proposed large CAFOs.
NR 243.11 Note Note: Owners or operators of animal feeding operations are responsible for obtaining all necessary state and local permits and approvals in addition to those outlined in this subchapter.
NR 243.11(2) (2)Calculation of animal units. The determination as to whether an existing, proposed or expanded operation meets the criteria of a large CAFO shall be based on the total number of animal units at the animal feeding operation calculated pursuant to s. NR 243.05. Based on the provisions of this subchapter and information provided as part of an operation's application for a WPDES permit, as required in s. NR 243.12, the department shall determine whether a WPDES permit is required for an operation.
NR 243.11(3) (3)WPDES permit coverage required.
NR 243.11(3)(a) (a) Except as provided in par. (b), any person owning or operating a large CAFO that stores manure or process wastewater in a structure that is at or below grade or that land applies manure or process wastewater shall have a WPDES permit. A discharge of pollutants from manure or process wastewater to waters of the state by an unpermitted animal feeding operation with 1,000 animal units or more is prohibited. A pasture or grazing area may operate without WPDES permit coverage.
NR 243.11(3)(b) (b) If a person owns or operates an animal feeding operation with 999 animal units or less, and that person expands its operation to 1000 animal units or more due to the purchase of another animal feeding operation, that person has 90 days from the date of the purchase to apply for a WPDES permit.
NR 243.11(4) (4)Additional information. If requested by the department, owners or operators of animal feeding operations indicating that their operation will have 900 animal units or more shall submit additional information to the department regarding how the estimated number of animal units was calculated in accordance with Table 2A and 2B.
NR 243.11 History History: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.
NR 243.12 NR 243.12WPDES permit application requirements.
NR 243.12(1)(1)General. A large CAFO may not discharge pollutants from manure or process wastewater to waters of the state unless the discharge is covered by and in compliance with a WPDES permit. Pursuant to s. 283.37 (2), Stats., a complete application for a WPDES permit shall be filed in accordance with the following requirements:
NR 243.12(1)(a) (a) Except as provided for in par. (c), a person who is proposing to own or operate a large CAFO that will store manure or process wastewater in a storage facility constructed at or below grade or that will land apply manure or process wastewater shall file a preliminary application for a WPDES permit at least 12 months prior to the intended date on which the operation will become a large CAFO. The preliminary application for a WPDES permit shall consist of completed forms 3400-25 and 3400-25A. The owner or operator shall then submit a completed final WPDES permit application under sub. (2) at least 180 days prior to the intended date on which the operation would become a large CAFO. The owner or operator of a proposed large CAFO may not discharge pollutants from manure or process wastewater to waters of the state until one of the following has occurred:
NR 243.12(1)(a)1. 1. The department has issued an individual WPDES permit for the operation.
NR 243.12(1)(a)2. 2. The department has granted general WPDES permit coverage to the operation under s. NR 243.121.
NR 243.12(1)(b) (b) An owner or operator of an operation that is defined as a large CAFO as of July 1, 2007, that is not already covered by a WPDES permit or that has not already submitted a WPDES permit application, shall submit a complete permit application to the department by no later than July 31, 2007.
NR 243.12(1)(c) (c) An owner or operator of an animal feeding operation with 999 animal units or less that becomes a large CAFO as a result of the purchase of another animal feeding operation shall apply for a WPDES permit no later than 90 days from the date of the purchase.
NR 243.12 Note Note: Owners or operators of an operation that has chickens or ducks with a non-liquid manure handling system, heifers, ducks or veal calves may become a CAFO for the first time due to the rule changes that became effective on July 1, 2007. Consequently, the department advises owners or operators to re-calculate the total number of animal units using the numbers in s. NR 243.05 and Table 2B to determine whether the operation has 1000 animal units or more and is required to obtain permit coverage.
NR 243.12(1)(d) (d) An owner or operator of a large CAFO that already holds a WPDES permit shall reapply at least 180 days prior to the expiration date of its current WPDES permit, unless all of the following apply:
NR 243.12(1)(d)1. 1. The permittee has ceased operation or is no longer defined as a large CAFO under s. NR 243.03 (28).
NR 243.12(1)(d)2. 2. The permittee has demonstrated to the department that there is no remaining potential for a discharge of manure or process wastewater pollutants to waters of the state that was generated while the operation was a CAFO.
NR 243.12(1)(d)3. 3. The permittee submits a letter to the department documenting that subds. 1. and 2. have been satisfied.
NR 243.12 Note Note: Due to the extent of water resources in the state, it is the department's position that if the manure or process wastewater from a CAFO is land applied to sites in Wisconsin, pollutants from the manure or process wastewater will reach waters of the state either via leaching to groundwater or surface runoff. Also, it is the department's position that storage facilities constructed at or below grade will have some pollutant discharges to groundwater. Therefore, all large CAFOs must apply for a WPDES permit.
NR 243.12(2) (2)Contents of a final permit application.
NR 243.12(2)(a)(a) For a person applying for a first time permit issuance, a complete final permit application shall consist of the following:
NR 243.12(2)(a)1. 1. The location of the existing or proposed site on maps including aerial photographs and soil survey maps.
NR 243.12(2)(a)2. 2. A scaled drawing of existing and proposed animal housing, feed storage structures and other raw materials storage areas. The production area shall be clearly delineated as well as ancillary service and storage areas. Existing features shall be clearly delineated from proposed features.
NR 243.12(2)(a)3. 3. A description and scaled drawing of existing and proposed manure storage or composting facilities, process wastewater storage or treatment facilities and other treatment systems. Plans and specifications for new manure storage or composting facilities and process wastewater facilities or proposed modifications to existing storage, composting or treatment facilities or systems shall be submitted. Upon approval by the department, plans and specifications for proposed storage, composting or treatment facilities may be submitted during the term of the permit if construction of the facilities will begin during the term of the permit. In addition, evaluations of existing storage, composting or treatment facilities or systems not previously reviewed and approved by the department shall be submitted.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.