NR 243.14(5)(a) (a) The permittee shall assess and minimize the potential for delivery of phosphorus to waters of the state from fields by applying its manure and process wastewater in accordance with one of the methods specified in subd. 1. or 2. The permittee shall specify the method it will apply to a field in the nutrient management plan.
NR 243.14(5)(a)1. 1. Use the soil test phosphorus method specified in NRCS Standard 590. In addition, for applications to fields directly adjacent to, or that have been determined by the department to have a high potential to deliver phosphorus to, 303 (d) listed waters impaired by nutrients or outstanding or exceptional resource waters, the permittee may not increase soil test phosphorus levels over a crop rotation unless the permittee receives department approval, and the permittee can demonstrate that deliverability of phosphorus to these waters will not increase as a result of increases in soil test phosphorus in the field. The permittee may not raise soil test phosphorus levels over a rotation above the optimum level for the highest phosphorus demanding crop in a rotation for a field with soil test phosphorus levels below optimum levels.
NR 243.14 Note Note: Maps or written descriptions of the locations of outstanding and exceptional resource and 303 (d) listed waters can be found on the department's website at http://dnr.wi.gov.
NR 243.14 Note Note: In accordance with s. NR 243.14 (1) (a) and NRCS Standard 590, a permittee shall determine optimum soil phosphorus levels for various Wisconsin crops as specified in University of Wisconsin-Extension Publication A2809, “Soil Test Recommendations for Field, Vegetable and Fruit Crops."
NR 243.14(5)(a)2. 2. Use the phosphorus index method specified in NRCS Standard 590.
NR 243.14(5)(b) (b) If a permittee applies manure or process wastewater on fields with soil test levels greater than 100 ppm, the permittee shall comply with the requirements in both subd. 1. and 2.:
NR 243.14(5)(b)1. 1. For fields with soil test phosphorus levels between 100 ppm and 200 ppm, the permittee shall calculate the planned average phosphorus index value for the crop rotation or for the next 4-year period, whichever time period is less. If the calculated average phosphorus index value is greater than 6, manure and process wastewater applications to that field are prohibited. If the calculated phosphorus index value is 6 or less, applications are allowed provided that the cumulative application of phosphorus from manure and process wastewater does not exceed 50% of the cumulative annual crop phosphorus removal over the rotation or the next 4-year period, whichever is less.
NR 243.14(5)(b)2. 2. For fields with soil test phosphorus levels of 200 ppm and greater, applications of phosphorus from manure and process wastewater are prohibited unless the permittee receives department approval. The department may only approve the application if all of the following requirements are met:
NR 243.14(5)(b)2.a. a. The permittee can demonstrate that additional applications of manure or process wastewater will not significantly increase phosphorus delivery to surface waters or wetlands.
NR 243.14(5)(b)2.b. b. The permittee calculates the planned average phosphorus index value for the rotation or the next 4-year period, whichever is less and the planned average phosphorus index value is 6 or less.
NR 243.14(5)(b)2.c. c. The cumulative application of phosphorus from manure and process wastewater does not exceed 50% of the cumulative annual crop phosphorus removal over the rotation or the following 4-year period, whichever is less.
NR 243.14 Note Note: Strategies for assessing and reducing phosphorus index (PI) values, algorithms, and software for calculating the Wisconsin PI can be found at http://wpindex.soils.wisc.edu/.
NR 243.14 Note Note: A permittee that complies with the requirements of this section and its WPDES permit also addresses delivery of nitrogen to waters of the state.
NR 243.14 Note Note: Also see s. NR 217.04 (1) (a) 5.
NR 243.14(6) (6)Solid manure winter restrictions. The restrictions in this subsection apply to the land application of solid manure on frozen or snow covered ground.
NR 243.14(6)(a) (a) Frozen ground-solid manure. Unless prohibited under par. (c), solid manure may be surface applied on frozen ground if the manure is applied in compliance with the restrictions in Table 4 or otherwise immediately incorporated.
NR 243.14(6)(b) (b) Snow covered ground-solid manure. Unless prohibited under par. (c), solid manure may only be land applied to snow covered ground in accordance with the following:
NR 243.14(6)(b)1. 1. If less than one inch of snow is present on the area where manure is to be land applied, the permittee may surface apply or immediately incorporate the solid manure.
NR 243.14 Note Note: If there is less than one inch of snow on the ground and the ground is frozen, pursuant to par. (a), Table 4 restrictions must be followed when surface applying solid manure.
NR 243.14(6)(b)2. 2. If one to 4 inches of snow is present on the area where manure is to be land applied, the permittee shall surface apply the manure in compliance with restrictions in Table 4 or otherwise immediately incorporate the solid manure.
NR 243.14(6)(b)3. 3. If more than 4 inches of snow is present on the area where manure is to be land applied, the permittee shall surface apply the solid manure in compliance with the restrictions in Table 4. Incorporation of solid manure is prohibited.
NR 243.14 Note Note: It is assumed that proper incorporation of solid manure is not achievable if more than 4 inches of snow is present at the time of application.
NR 243.14(6)(c) (c) High-risk runoff period.
NR 243.14(6)(c)1.1. Beginning January 1, 2008, solid manure may not be surface applied from February 1 through March 31 if any of the following conditions exist on the area of the field where the manure is to be applied:
NR 243.14(6)(c)1.a. a. Snow is present to a depth of one inch or greater.
NR 243.14(6)(c)1.b. b. The ground is frozen.
NR 243.14(6)(d) (d) To meet the requirements of par. (c), a permittee may choose to stack solid manure generated at a production area location in accordance with s. NR 243.141 (1) rather than use a storage facility that meets the design requirements in s. NR 243.15. - See PDF for table PDF
NR 243.14(7) (7)Liquid manure winter restrictions. The following additional restrictions in this subsection apply to the land application of liquid manure on frozen or snow covered ground:
NR 243.14(7)(a) (a) Frozen ground-liquid manure. Surface application of liquid manure on frozen ground is prohibited, except for an emergency situation under par. (d) or if allowed under par. (e). Injection or immediate incorporation of liquid manure is allowed on frozen ground, except if prohibited due to snow covered conditions under par. (b).
NR 243.14(7)(b) (b) Snow covered ground-liquid manure. Unless prohibited under par. (c) and subject to the frozen ground prohibition in par. (a), liquid manure may only be land applied to snow covered ground in accordance with the following:
NR 243.14(7)(b)1. 1. If less than one inch of snow is present on the area where liquid manure is to be applied, surface application, injection or immediate incorporation of liquid manure is allowed.
NR 243.14(7)(b)2. 2. If there is one to 4 inches of snow present on the area where liquid manure is to be applied, surface application of liquid manure is prohibited, except for department approved emergencies under par. (d) or if allowed under par. (e). Immediate incorporation or injection is allowed on areas where there is one to 4 inches of snow.
NR 243.14(7)(b)3. 3. If there is greater than 4 inches of snow on the area where liquid manure is to be applied, surface application and incorporation of liquid manure is prohibited, except for department approved emergencies under par. (d) or if allowed under par. (e). Injection of liquid manure is allowed on areas where there is greater than 4 inches of snow.
NR 243.14(7)(c) (c) High-risk runoff period. Unless there is a department approved emergency situation under par. (d), liquid manure may not be surface applied from February 1 through March 31.
NR 243.14(7)(d) (d) Emergency applications for liquid manure.
NR 243.14(7)(d)1. 1. Except as provided in subd. 3., a permittee may surface apply liquid manure on frozen or snow covered ground on an emergency basis in accordance with the restrictions in Table 5 if all of the following conditions are met:
NR 243.14(7)(d)1.a. a. The manure is from a storage or containment facility that is designed and maintained in accordance with ss. NR 243.15 and 243.17 to provide 180 days of storage for the manure.
NR 243.14(7)(d)1.b. b. The application of manure is necessitated by exceedances or expected exceedances of the margin of safety level that were unavoidable due to unusual weather conditions, equipment failure or other unforeseen circumstances beyond the control of the permittee.
NR 243.14(7)(d)1.c. c. The permittee has notified the department verbally prior to the emergency application. Unless necessitated by imminent impacts to the environment or human or animal health, the permittee may not apply manure to a field on an emergency basis until the department has verbally approved the application.
NR 243.14(7)(d)1.d. d. The permittee submits a written description of the emergency application and the events leading to the emergency application to the department within 5 days of the emergency application.
NR 243.14(7)(d)2. 2. Allowances for emergency surface applications of liquid manure do not apply to situations where a permittee has failed to properly maintain storage capacity either through improper design or management of the storage facility, including failure to properly account for the number or volume of wastestreams entering the facility, failure to empty a storage or containment facility in accordance with permit conditions prior to the onset of frozen or snow covered ground conditions or due to an increase in animal units.
NR 243.14 Note Note: The allowance for emergency surface applications in compliance with permit conditions is intended to avoid more significant impacts to human health and water quality associated with uncontrolled overflows of manure storage facilities. Causes of emergency surface applications could include conditions such as prolonged storm events or early onset of frozen ground conditions that preclude applications of manure prior to the onset of frozen or snow covered ground conditions provided that the operation made all other attempts to maintain storage volume before an emergency application became necessary.
NR 243.14(7)(d)3. 3. The permittee shall conduct emergency surface applications of liquid manure in accordance with the restrictions in Table 5. The permittee may only conduct emergency surface applications on fields that the department has approved for emergency applications, in writing, as part of a nutrient management plan. The department may approve alternate fields and impose alternative restrictions, in writing and on a case-by-case basis, if fields that meet the restrictions in Table 5 are not available at the time of the emergency application, the permittee has explored all other options identified in its emergency response plan and the application results in a winter acute loss index value of 4 or less using the phosphorus index.
NR 243.14 Note Note: The winter acute loss index value is displayed under the heading “Acute Loss Frozen Soil PI" in the cropping screen of the Snap-Plus nutrient management software program.
NR 243.14 Note Note: Reporting requirements for emergency surface applications are contained in s. NR 243.19.
NR 243.14(7)(e) (e) Existing source CAFOs-liquid manure exception. Prior to January 1, 2010, if an existing source CAFO does not have 180 days of storage for liquid manure as specified in s. NR 243.15, the permittee may surface apply liquid manure on frozen or snow covered ground in accordance with the restrictions in Table 5 without satisfying the emergency criteria in par. (d). If a permittee does not have access to sites that meet the criteria in Table 5, the department may approve alternate sites and restrictions, in writing on a case-by-case basis as part of a nutrient management plan provided the application results in a winter acute loss index value of 4 or less using the phosphorus index. This allowance for existing source CAFOs to surface apply liquid manure on frozen or snow covered ground without satisfying the emergency criteria in par. (d) is not applicable after January 1, 2010.
NR 243.14 Note Note: An existing source CAFO is defined under s. NR 243.03 (23).
NR 243.14(7)(f) (f) Frozen liquid manure. Liquid manure that is frozen and cannot be transferred to a manure storage facility may be surface applied on frozen or snow-covered ground in accordance with the restrictions in Table 5. Surface applications of frozen liquid manure do not require prior department approval or notification provided application sites for frozen liquid manure are identified in the approved nutrient management plan. During February and March, the permittee shall notify the department if the permittee expects to surface apply frozen liquid manure more than 5 days in any one month.
NR 243.14 Note Note: Applications of frozen manure under par. (f) are limited to times when the operation's manure handling system is not functioning due to very cold weather. - See PDF for table PDF
NR 243.14(8) (8)Identification of sites. The permittee shall submit sites that meet or are expected to meet the criteria in Tables 4 and 5 for manure and the criteria in s. NR 214.17 (2) to (6) for process wastewater to the department for review and approval as part of its nutrient management plan. In addition, the permittee shall evaluate each field at the time of application to determine if conditions are suitable for applying manure and complying with the requirements of this section. All surface applications of manure or process wastewater on frozen or snow-covered ground shall occur on those fields that represent the lowest risk of pollutant delivery to waters of the state and where the application results in a winter acute loss index value of 4 or less using the phosphorus index.
NR 243.14(9) (9)Adequate storage. All permittees shall have and maintain adequate storage for all manure and process wastewater generated at the operation to ensure that wastes can be properly stored and land applied in compliance with the conditions and timing restrictions of the permit, nutrient management plan and this chapter. As part of the nutrient management plan, the permittee shall provide the department with documentation that it has adequate storage and methods of maintaining adequate storage for manure and process wastewater generated at the operation. For liquid manure, adequate storage means a minimum of 180 days of storage designed and maintained in accordance with ss. NR 243.15 (3) (i) to (k) and 243.17 (3) and (4).
NR 243.14(10) (10)Additional restrictions. The department may require the permittee to implement practices in addition to or that are more stringent than the requirements specified in this section when necessary to prevent exceedances of groundwater quality standards, prevent impairments of wetland functional values, prevent runoff of manure or process wastewater during dry weather conditions or to address previous manure or process wastewater runoff events or discharges from a site to waters of the state that occurred despite compliance with this section and the conditions of a WPDES permit. These conditions may include additional restrictions on nitrogen and phosphorus loadings or other nutrients and pollutants associated with the manure or process wastewater, injection or incorporation requirements, restrictions on winter landspreading, distribution schedules, and other management or site restrictions. The department may also consider nutrient management conditions contained in ch. ATCP 50 as well as the following site-specific factors when developing permit conditions or reviewing and approving the nutrient management plan or any proposed amendments to an approved nutrient management plan:
NR 243.14(10)(a) (a) Soil limitations such as permeability, infiltration rate, drainage class and flooding hazard.
NR 243.14(10)(b) (b) Volume and water content of the waste material.
NR 243.14(10)(c) (c) Available storage capacity and method of application.
NR 243.14(10)(d) (d) Nutrient requirements of the crop or crops to be grown on the fields utilizing the manure.
NR 243.14(10)(e) (e) The presence of subsurface drainage systems.
NR 243.14(10)(f) (f) Potential impacts to waters identified as source water protection areas.
NR 243.14(10)(g) (g) Potential impact to groundwater in areas with direct conduits to groundwater, shallow soils over bedrock, highly permeable soils and shallow depth to groundwater.
NR 243.14 History History: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07; correction in (7) (c) made under s. 13.92 (4) (b) 1., Stats., Register March 2019 No. 759.
NR 243.141 NR 243.141Manure stacking.
NR 243.141(1)(1)Stacking to avoid surface applications in February and March. For solid manure with a solids content of 16% or greater, the department may approve stacking of the manure outside of a department approved manure storage facility where a permittee chooses to stack solid manure in accordance with s. NR 243.14 (6) (d). Permittees choosing to stack solid manure under s. NR 243.14 (6) (d) shall land apply all stacked manure from a site within 8 months of the date when stacking first began at the site.
NR 243.141(2) (2)Other stacking allowances. For periods when the ground is not frozen or snow-covered, the department may approve stacking of solid manure with a solids content of greater than 32% outside of a department approved manure storage facility on a case-by-case basis as allowed under a WPDES permit. Factors the department shall consider when approving stacking of solid manure on a case-by-case basis include the potential for leachate or runoff from the stack causing exceedances of surface water or groundwater quality standards or impairments to wetland functional values, information submitted or proposed to be submitted by the permittee outlining leaching and runoff characteristics of the manure, and practices to be implemented by the permittee to minimize the potential for leachate or runoff from the stack such as limiting the frequency, volume of manure to be stacked and length of stacking period.
NR 243.141(3) (3)Stacking conditions. All proposed stacking sites shall be reviewed and approved by the department and identified in the permittee's nutrient management plan. Stacking approvals may be rescinded based on documented impacts to waters of the state at or from the stacking site. Stacking may only be approved provided the following requirements are met:
NR 243.141(3)(a) (a) When piled in a stack, the solid manure stack must be able to maintain its shape with minimal sloughing such that an angle of repose of 45 degrees or greater is maintained when the manure is not frozen.
NR 243.141(3)(b) (b) Stacking of solid manure outside of a department approved manure storage facility shall, at a minimum, meet the specifications in NRCS Standard 313, Table 9, dated December 2005. Alternatively, stacks may be placed on sites with soils in the hydrologic soil group D provided the manure has a solids content of greater than 32% and all other criteria in NRCS Standard 313, Table 9, dated December 2005, are met. NRCS Standard 313, dated December 2005, is incorporated by reference in s. NR 243.07.
NR 243.141 Note Note: Copies of NRCS Standard 313, dated December 2005 and documents referenced in this standard may be inspected at the offices of the department, DATCP, NRCS, county land conservation departments and the legislative reference bureau, Madison, Wisconsin.
NR 243.141(3)(c) (c) The permittee shall implement any necessary additional best management practices to ensure stacking areas maintain compliance with the production area requirements in s. NR 243.13. Best management practices may include upslope clean water diversions or downslope containment structures.
NR 243.141 Note Note: Manure with a solids content of approximately 20% or less may not meet the stacking criteria either because it cannot be stacked or is prone to runoff. This manure may require storage in a constructed facility during the months of February and March.
NR 243.141 Note Note: Manure stacks are considered to be part of the animal production area and are subject to production area discharge restrictions in s. NR 243.13. For CAFOs, if a manure stack is not placed in a containment or storage structure or the runoff from the stack is not contained in a structure, discharges to navigable waters are not allowed under any circumstance or storm event.
NR 243.141(3)(d) (d) The stacked manure shall have minimal leaching so that leachate from the stack is contained within the designated stacking area and does not cause an exceedance of groundwater quality standards.
NR 243.141(3)(e) (e) Solid manure may not be stacked in a water quality management area.
NR 243.141(3)(f) (f) Stacks may only be placed on cropland.
NR 243.141(4) (4)The department may require additional restrictions on stacking of solid manure needed to protect water quality, that include acceptable time periods for stacking, how long the manure stacks may remain in place, size of manure stacks, stack siting restrictions based on slope and soil conditions, loading and resting requirements of stacking sites, conservation practices and site monitoring requirements.
NR 243.141 History History: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.
NR 243.142 NR 243.142Responsibility for large CAFO manure and process wastewater.
NR 243.142(1)(1)General. Except as provided in sub. (2), the owner or operator shall be responsible for the storage, management and land application of all manure and process wastewater generated by the operation in accordance with terms and conditions contained in the WPDES permit and the approved nutrient management plan.
NR 243.142 Note Note: If manure or process wastewater is stored or sent out of the state of Wisconsin, it is not regulated under ch. NR 243 or the WPDES permit once it is out of the state.
NR 243.142(2) (2)Exemptions. Upon written department approval as required under sub. (3), once the manure or process wastewater is distributed offsite, the permittee is not responsible for the land application, use or disposal of manure or process wastewater if the manure or process wastewater is distributed in compliance with the conditions of the department approval and in accordance with any of the following:
NR 243.142(2)(a) (a) De minimus quantity of solid manure distributed. A de minimus amount of solid manure is sold or given away to another person. Under this paragraph, a de minimus amount of solid manure means the total quantity of manure distributed to the other person is no more than 175 cubic feet within a 30-day period and no more than 525 cubic feet within a 12-month period.
NR 243.142(2)(b) (b) Distributed as a commercial product.
NR 243.142(2)(b)1.1. The manure is sold or given away to another person and that person manipulates the manure, and distributes it as a commercial fertilizer pursuant to a fertilizer license issued by DATCP or distributes it as a soil or plant additive pursuant to a soil and plant additive license issued by DATCP.
NR 243.142(2)(b)2. 2. The permittee manipulates the manure and distributes it as a commercial fertilizer pursuant to a fertilizer license issued by DATCP or distributes it as a soil or plant additive pursuant to a soil and plant additive license issued by DATCP. The permittee is responsible for the manipulated manure until it is distributed off-site to another person.
NR 243.142 Note Note: If the permittee manipulates the manure and distributes the manure under a DATCP license, the permittee responsible for the manure and the manipulated manure is subject to the WPDES permit requirements until it is distributed off-site (off of any part of the CAFO) to another person. Transfer of responsibility can only occur if the conditions in sub. (3) are met.
NR 243.142(2)(c) (c) Alternative uses of distributed manure. For solid manure, the manure is sold or given away to another person for landscaping, greenhouse use, use as an animal bedding product or for other beneficial purposes that do not include application to croplands.
NR 243.142(2)(d) (d) Manure or process wastewater is distributed to another permittee. The manure or process wastewater is sold or given away to another operation permitted under a WPDES permit that has a department approved management plan that addresses the manure or process wastewater, and the manure or process wastewater will be land applied under the other permit.
NR 243.142(2)(e) (e) Composted manure. The manure is sold or given away to another person who composts the manure and the department has determined that the composting process and land application or use of the distributed manure will be more appropriately regulated under ch. NR 518.
NR 243.142(3) (3)Department approval. If a permittee wants to transfer responsibility to another person for the land application, disposal or use of manure or process wastewater that will be distributed in accordance with one of the methods in sub. (2) (b) to (e), the permittee shall obtain written department approval for the distribution. If written approval is not obtained, the permittee remains responsible for the land application, disposal and use of the distributed manure or process wastewater in accordance with the terms of the permit and this chapter. To obtain department approval for the purposes of transferring responsibility, the permittee shall comply with all of the following conditions:
NR 243.142(3)(a) (a) Neither the permittee, its agent or a contract hauler working on behalf of the permittee may land apply the distributed manure.
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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.