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.
NR 243.142(3)(b) (b) The permittee shall demonstrate to the department that the distributed manure will be beneficially used.
NR 243.142(3)(c) (c) If the manure is distributed in accordance with sub. (2) (b) or (c), and if the person receiving the manure intends to store the manure, the permittee shall demonstrate to the department that the distributed manure will be delivered to proper storage. For purposes of this paragraph, proper storage means one of the following:
NR 243.142(3)(c)1. 1. The distributed manure will be stored in a facility that complies with NRCS Standard 313, December 2005.
NR 243.142(3)(c)2. 2. The distributed manure will be stored in a manner that will not cause exceedances of groundwater and surface water quality standards and will not impair wetland functional values.
NR 243.142 Note Note: Proper storage may include manure stored in bags provided that the manure is dry enough to avoid leachate generation.
NR 243.142 Note Note: A permittee does not need to obtain approval from the department to transfer responsibility for de minimus amounts of manure under sub. (2) (a).
NR 243.142(4) (4)Revocation of approval. The department may revoke its approval of the responsibility transfer if the department determines that the conditions of approval are not being met by the permittee or recipients of the manure.
NR 243.142(5) (5)Recordkeeping and reporting.
NR 243.142(5)(a) (a) The permittee shall estimate the amount of manure and process wastewater distributed under sub. (2) in its nutrient management plan and record the actual amount distributed at the time of distribution. The permittee shall create and maintain records that identify the name and address of the recipient of the distributed manure or process wastewater, the quantity distributed, and the dates of distribution. The permittee shall keep these records for at least 5 years and shall make them available to the department upon request. The permittee shall report the amount of manure distributed under sub. (2) to the department in the annual report.
NR 243.142(5)(b) (b) Prior to distribution, the permittee shall notify the recipient, in writing, of the nutrient content of the distributed manure and process wastewater based on the most recent representative sampling information that has been conducted in accordance with the permittee's WPDES permit. At a minimum, the permittee shall provide information to the recipient regarding the nitrogen and phosphorus content of the manure.
NR 243.142 History History: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.
NR 243.143 NR 243.143Silurian bedrock performance standards. Owners or operators that mechanically apply manure directly or through contract or other agreement to cropland or pasture areas that meet the definition of Silurian bedrock under s. NR 151.015 (17) must comply with s. NR 151.075.
NR 243.143 History History: CR 17-062: cr. Register June 2018 No. 750 eff. 7-1-18.
NR 243.15 NR 243.15Design, submittal and approval of proposed facilities or systems.
NR 243.15(1)(1)Submittal and approval.
NR 243.15(1)(a)(a) Plans and specifications.
NR 243.15(1)(a)1.1. Plans and specifications for proposed reviewable facilities or systems shall be submitted as part of the permit application unless written department approval is received for a later submittal. Plans and specifications shall be submitted during the term of the permit if construction of a reviewable facility or system or a modification to an existing reviewable facility or system is proposed during the term of the permit. Submittal of plans and specifications shall meet the requirements in s. NR 108.04 (2). Plans and specifications submitted for department approval shall include a narrative describing the proposed facility or system, a written management and site assessment, scaled drawings, an operation and maintenance plan and relevant calculations for the proposed facility or system. An owner or operator may not commence construction of a proposed reviewable facility or system until plans and specifications have been approved by the department in writing.
NR 243.15 Note Note: Department approval should not be viewed as a guarantee that the approved facility or system or permittee can or will comply with WPDES permit conditions.
NR 243.15(1)(a)2. 2. Barnyards, feedlots and reviewable facilities or systems may not be located within 250 feet of a private well or noncommunity system as defined in ch. NR 812 or within 1000 feet of a community well as defined in ch. NR 811.
NR 243.15(1)(a)3. 3. Owners or operators of large CAFOs shall, at a minimum, design and construct reviewable facilities or systems that are part of the production area to meet the production area requirements in s. NR 243.13, accepted management practices, and the adequate storage requirements under ss. NR 243.14 (9) and 243.17 (3). All proposed plans and specifications, including the operation and maintenance plan, shall include a written explanation regarding the ability of the proposed facility or system to meet the production area requirement in s. NR 243.13 and the adequate storage requirements under ss. NR 243.14 (9) and 243.17 (3).
NR 243.15(1)(a)4. 4. The department may require the submittal of additional information necessary to meet the requirements of ch. NR 150.
NR 243.15(1)(b) (b) Department approval. The department shall review and approve, conditionally approve or reject the plans and specifications in accordance with the timelines established in s. 281.41, Stats.
NR 243.15 Note Note: In accordance with s. NR 108.04, submittals shall occur at least 90 days prior to the anticipated date upon which the owner or operator plans to commence construction.
NR 243.15 Note Note: Department approval may be in addition to any local or county approvals needed. Also, a storm water construction WPDES permit may be required prior to construction pursuant to ch. NR 216.
NR 243.15(1)(c) (c) Alternative practices or designs. When the owner or operator of the large CAFO demonstrates that accepted management practices or those practices or design standards specified in this section are more stringent than necessary to avoid a detrimental effect on water quality, the department may approve alternative practices or design standards. This demonstration may be made during the permit issuance process under ch. 283, Stats., or during the plan review process under this section. The department may only approve alternative practices or design standards if the owner or operator can demonstrate that the design and operation of the alternative practices will achieve compliance with the requirements of ss. NR 243.13 and 243.14 (9), surface water and groundwater quality standards and the 180-day storage requirement in s. NR 243.17 (3).
NR 243.15(1)(d) (d) Additional requirements. As part of its written approval of plans and specifications, the department may require that accepted management practices or design standards or those practices or design standards specified in this section be superseded by more stringent operational or design requirements or practices, based on the following site-specific conditions:
NR 243.15(1)(d)1. 1. Physical location of the facilities or systems, including depth to groundwater and bedrock and proximity to surface waters and wetlands.
NR 243.15(1)(d)2. 2. Soil limitations such as permeability, infiltration rate, drainage class and flooding hazard.
NR 243.15(1)(d)3. 3. Volume and water content of the waste material.
NR 243.15(1)(d)4. 4. Available storage capacity and method of application.
NR 243.15(1)(d)5. 5. Additional requirements or practices necessary to prevent exceedance of groundwater or surface water quality standards or impairments to wetland functional values.
NR 243.15(2) (2)Runoff control. Runoff control systems in the production area shall be designed to comply with the applicable standards in s. NR 243.13 using permanent runoff control systems that are consistent with accepted management practices such as wastewater treatment strips, sediment basins, waste storage facilities, roof runoff management, grassed waterways and clean water diversions. Wastewater treatment strips shall be designed in accordance with NRCS Standard 635, dated January 2002. NRCS Standard 635, dated January 2002, is incorporated by reference in s. NR 243.07.
NR 243.15 Note Note: Copies of NRCS Standard 635, dated January 2002 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 243.15 Note Note: In accordance with s. NR 243.13(2), operations are not allowed to discharge pollutants to navigable waters under any circumstance or storm event from parts of the production area where manure or process wastewater is not properly stored or contained by a structure. Wastewater treatment strips, grassed waterways or buffers are examples of facilities or systems that by themselves do not constitute a structure.
NR 243.15(3) (3)Storage or containment. Permittees proposing to construct storage or containment facilities shall design and install facilities that, at a minimum, meet the following requirements:
NR 243.15(3)(a) (a) Nutrient management. Storage and containment facilities shall be designed to provide storage capacity that is consistent with the department approved nutrient management plan and the requirement in ss. NR 243.14 (9) and 243.17 (3).
NR 243.15(3)(b) (b) Alarm systems. For storage or containment facilities that are either covered, buried or otherwise concealed in a manner that does not allow visual inspection of the level of manure or process wastewater in the facility, submitted designs shall include installation of a monitoring or alarm system to prevent overflows from the facility.
NR 243.15(3)(c) (c) Leakage collection or monitoring.
NR 243.15(3)(c)1.1. The permittee shall assess if a leakage collection or monitoring system or secondary containment system is necessary to prevent discharges of manure and process wastewater to groundwater or surface waters and include the assessment as part of submitted plans and specifications. If the permittee determines that these systems are necessary, it shall include plans and specifications for these systems as part of its submittal. Components of a collection or monitoring system design may include secondary containment associated with liner installation, leachate collection, leachate recirculation, monitoring sumps or monitoring wells. Components of secondary containment may include concrete or earthen berms or diversions designed to temporarily collect or divert overland flow away from surface waters or areas susceptible to groundwater contamination.
NR 243.15(3)(c)2. 2. The department may require the installation of a leakage collection or monitoring system or secondary containment based on the following considerations:
NR 243.15(3)(c)2.a. a. Whether facilities are located on or near areas that are susceptible to groundwater contamination such as direct conduits to groundwater, sandy soils, and sites with minimal separations between bedrock and high water tables.
NR 243.15(3)(c)2.b. b. The size and depth of the facility.
NR 243.15(3)(c)2.c. c. The type of liner used.
NR 243.15(3)(c)2.d. d. Characteristics of waste being stored.
NR 243.15(3)(c)2.e. e. Other considerations based on potential impacts to waters of the state.
NR 243.15(3)(d) (d) Process wastewater. Storage and containment facilities for process wastewater that are stored separately from manure shall be designed and constructed in accordance with ch. NR 213 and shall be designed to achieve compliance with the applicable standards in ss. NR 243.13 and 243.14 (9).
NR 243.15(3)(e) (e) Permanent markers. Liquid manure and process wastewater storage and containment facilities shall be constructed with permanent markers to clearly indicate the margin of safety level and maximum operating levels. Liquid manure storage and containment facilities shall also have a marker near the bottom of the facility indicating the level at which the facility provides 180 days of storage.
NR 243.15(3)(f) (f) Standard 313. Manure storage and containment facilities constructed after July 1, 2007, shall, at a minimum, be designed and constructed in accordance with the design criteria contained in NRCS Standard 313, December 2005.
NR 243.15(3)(g) (g) Solid manure-storage design capacity. Subject to par. (h), all permittees shall have properly designed storage for all solid manure generated by the CAFO during February 1 through March 31 or shall obtain department approval to stack manure under s. NR 243.141.
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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.