For facilities or systems that are part of the production area, an assessment of the ability of the facility or system to meet the production area requirements in s. NR 243.13
, the adequate storage requirement under s. NR 243.14 (9)
, and accepted management practices.
An assessment of the ability of the facility or system to meet the applicable design requirements identified in s. NR 243.15
Any proposed actions to address issues identified as part of the evaluation.
The department may require an evaluation of a constructed facility or system previously reviewed and approved or evaluated by the department based on factors including the age of the facility or system, the facility's or system's ability to meet current design standards, requirements of this chapter or permit conditions, identified environmental impacts or physical location of the storage facility relative to waters of the state.
The department may require additional practices, conditions or permittee actions based on department review of submitted evaluations of previously constructed structures or systems. This includes the installation of a leakage collection or monitoring system, secondary containment systems, or groundwater monitoring, increased inspection frequency, or replacement, upgrade or closure of systems or structures in order to ensure compliance with requirements in ss. NR 243.13
, prevent exceedances of groundwater or surface water quality standards or to prevent impairments to wetland functional values.
By January 1, 2010, permittees shall have or install the permanent markers specified in s. NR 243.15 (3) (e)
to previously constructed liquid manure and process wastewater storage or containment facilities.
NR 243.16 History
History: CR 05-075
: cr. Register April 2007 No. 616
, eff. 7-1-07.
NR 243.17 Operation and maintenance.
The permittee shall operate all constructed facilities and systems in accordance with applicable requirements of s. NR 243.13
, the operation and maintenance plan for a given facility or system, and WPDES permit conditions.
Prior to introducing any additives to a digester, other than manure, the permittee shall obtain written department approval. If any materials other than manure are used in the digester, the permittee shall maintain daily records of the volumes of all manure and non-manure components added to the digester influent.
The department may require monitoring for additional pollutants, including metals, based on the characterization of digester additives or the digester influent or effluent.
Materials other than manure comprise 10% or greater of the total digester volume.
The department determines that the chemical characterization of the digester influent or effluent warrants additional requirements.
Except as provided in par. (b)
, the permittee shall notify the department and obtain written department approval prior to adding any chemicals, pollutants or other wastes to any manure, process wastewater, or stormwater storage facility or treatment system. In this section, other wastes means any waste other than manure, process wastewater or stormwater. Factors the department will consider when approving a chemical or pollutant include:
The potential impact the storage or land application of the mixed waste containing the chemical or pollutant may have on waters of the state.
The WPDES permit may specify certain additives for which written department approval is not required before adding the substance to a treatment or storage facility.
Medical wastes, including expired or unused antibiotics, petroleum products not designed for use in manure storage facilities, pesticides, paints, solvents and hazardous wastes may not be disposed of in storage or treatment facilities specified in par. (a)
(3) Liquid manure-maintaining 180 days of storage. NR 243.17(3)(a)(a)
Except as provided in sub. (4)
, once a permittee has constructed or established properly designed manure storage or containment facilities or a system of properly designed facilities that provide a minimum of 180 days of storage for liquid manure pursuant to s. NR 243.15 (3) (i)
, the operation shall operate and maintain the storage facilities or system such that the 180-day design requirement is met for all animals onsite, except as allowed under sub. (4)
Liquid storage facilities or systems shall be emptied so that the 180-day level indicator, specified in s. NR 243.15 (3) (i)
, is visible on at least one day between October 1 and November 30, except for liquid manure remaining due to unusual fall weather conditions prohibiting manure applications during this time period. The permittee shall record the day on which the 180-day level indicator was visible during this time period. Permittees unable to empty their storage facility to the 180-day level indicator between October 1 and November 30, shall notify the department by December 5.
Permittees shall demonstrate compliance with the 180-day design storage capacity requirement at all the following times:
At the time of submittal of plans and specifications for proposed reviewable facilities or systems.
Subject to sub. (4)
, when a facility is proposing, at any time, a 20% expansion in animal units or an increase by an amount of 1,000 animal units or more.
(4) Liquid manure-exceptions to maintaining 180 days of storage. NR 243.17(4)(a)(a)
Permittees that have maintained a minimum of 180 days of storage capacity for liquid manure in accordance with sub. (3)
may be allowed to temporarily reduce this level of minimum required design capacity to 150 days design capacity if all of the following are met:
The reduction in storage is related to a planned increase in animal units.
The permittee notifies the department in writing of the proposed reduction prior to the planned expansion and reduction in 180-day design storage.
The permittee has a department approved expansion plan and schedule outlining how the operation will acquire or construct additional storage to achieve 180 days of storage after the expansion. The proposed schedule to acquire or construct additional storage may not exceed 24 months from the date of notification.
Failure to maintain 180 days of storage under this paragraph is not reason for allowing emergency applications of liquid manure under s. NR 243.14 (7) (d)
NR 243.17 Note
The 180-day storage capacity includes process wastewater and other wastes mixed and stored with liquid manure. See s. NR 243.15 (3) (k)
(5) Solid manure-maintaining storage during February and March.
Pursuant to s. NR 243.15 (3) (g)
, once a permittee has constructed or established properly designed manure storage facilities or a system of properly designed facilities that provide storage for solid manure generated at an operation site during February 1 through March 31, the operation shall operate and maintain the storage facilities or system to continue to provide storage for all solid manure generated at the operation site from February 1 to March 31, or otherwise obtain department approval to stack some or all of the manure in accordance with ss. NR 243.14 (6) (d)
and 243.141 (1)
(6) Discharge prevention.
A permittee shall operate and maintain storage and containment facilities to prevent overflows and discharges to waters of the state.
The permittee may not exceed the maximum operating level in liquid storage or containment facilities except as a result of recent precipitation or conditions that do not allow removal of material from the facility in accordance with permit conditions.
The permittee shall maintain a margin of safety in liquid storage or containment facilities that levels of manure, process wastewater and other wastes contained in the storage or containment facility may not exceed. Materials shall be removed from the facility in accordance with the permittee's nutrient management plan to ensure that the margin of safety is not exceeded.
If the permittee wishes to abandon or discontinue use of structures or systems covered under this subchapter, a closure plan shall be submitted to the department for prior approval.
Manure storage facilities.
Closure of manure storage facilities shall be completed, at a minimum, according to NRCS Standard 360, dated December 2002. NRCS Standard 360, dated December 2002, is incorporated by reference in s. NR 243.07
. Closure of a manure storage facility shall occur when manure has not been added or removed for a period of 24 months, unless the owner or operator can provide information to the department that the structure is designed to store manure for a longer period of time or information that the storage structure will be utilized within a specific period of time.
NR 243.17 Note
Note: Copies of NRCS Standard 360, dated December 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.
Groundwater monitoring wells shall be abandoned in accordance with ch. NR 141
NR 243.17 History
History: CR 05-075
: cr. Register April 2007 No. 616
, eff. 7-1-07.
NR 243.18 Combined wastes.
If a permittee combines manure or process wastewater with other types of waste not generated by the operation, the combined wastewater shall be stored and land applied in accordance with this subchapter. The permittee shall obtain department approval prior to combining other wastes with manure or process wastewater. The department may apply additional requirements such as the requirements in ch. NR 113
to the land application of the combined wastes and to the design of structures or systems associated with the combined wastes. Factors that the department shall consider in determining other applicable requirements include the volume and characteristics of the wastes or wastewater combined with the manure, requirements in other rules and any treatment of the combined wastes. The operation's nutrient management plan shall address land application of these wastes.
NR 243.18 Note
Note: Other wastes do not include process wastewater from the operation itself. Examples of other wastes include septage or municipal biosolids.
NR 243.18 History
History: CR 05-075
: cr. Register April 2007 No. 616
, eff. 7-1-07.
NR 243.19 Inspections, record keeping and reporting. NR 243.19(1)(1)
Monitoring and inspection program.
In accordance with a WPDES permit, the permittee shall submit a monitoring and inspection program designed to determine compliance with permit conditions that identifies the areas that the permittee will inspect in accordance with this section, the person responsible for conducting the inspections and how inspections will be recorded and submitted to the department. The monitoring and inspection program shall be consistent with the requirements in this subsection.
Visual inspections shall be completed by the permittee or designee in accordance with the following frequencies:
Daily inspection for leakage of all water lines that potentially come into contact with pollutants or drain to storage or containment structures or runoff control systems, including drinking or cooling water lines.
Weekly inspections to ensure proper operation of all storm water diversion devices and devices channeling contaminated runoff to storage or containment structures.
Weekly inspections of liquid storage and containment structures. For liquid storage and containment facilities, the berms shall be inspected for leakage, seepage, erosion, cracks and corrosion, rodent damage, excessive vegetation and other signs of structural weakness. In addition, the level of material in all liquid storage and containment facilities shall be measured and recorded in feet or inches above or below the margin of safety level.
Quarterly inspections of the production area, including outdoor animal pens, barnyards and raw material storage areas. CAFO outdoor vegetated areas shall be inspected quarterly.
Periodic inspections and calibration of landspreading equipment to detect leaks and ensure accurate application rates for manure and process wastewater. An initial calibration of spreading equipment shall be followed by additional calibration after any equipment modification that may impact application of manure or process wastewater or after changes in product or manure or process wastewater consistency. Spreading equipment for both liquid and solid manure shall be inspected just prior to the hauling season, and equipment used for spreading liquids shall be inspected at least once per month during months when hauling occurs.
Inspections each time manure or process wastewater is surface applied on frozen or snow-covered ground to determine if applied materials have run off the application site. Inspections shall occur during and shortly after application.
The permittee shall take corrective actions as soon as practicable to address any equipment, structure or system malfunction, failure or other problem identified through monitoring or inspections in par. (a)
Manure, process wastewater and soil on fields used for land application shall be sampled by the permittee in accordance with this chapter and WPDES permit conditions. Manure or process wastewater shall be analyzed on at least an annual basis for nitrogen, phosphorus and percent solids in years when the manure or process wastewater is applied. The department may require more frequent monitoring and monitoring for other parameters as part of a WPDES permit where necessary to provide representative samples of manure and process wastewater. Manure and soil samples shall be analyzed by a laboratory certified under s. ATCP 50.50
. Samples of process wastewater that are not mixed with manure shall be analyzed using applicable methods specified in ch. NR 219
. The department may specify alternative methods for sampling in the WPDES permit. The permittee shall submit appropriate quality control information for sampling and analysis upon written request of the department.
NR 243.19 Note
Note: NRCS Standard 590 requires soil testing once every 4 years.
(2) Record keeping.
The permittee shall retain complete records onsite of all information required as part of this subchapter for a period of at least 5 years from the date the records are created. Results of inspection information, sampling and other information required under this section shall be recorded at the time the information is obtained.
Record keeping requirements for the production area.
The permittee shall create and retain records documenting the following information for the production area:
Current design of any manure storage structures, including volume for solids accumulation, design treatment volume, total design volume, and approximate number of days of storage capacity.
NR 243.19 Note
Note: This subsection requires that specific information must be recorded when samples are taken or inspections are conducted.
The date that liquid storage facilities were emptied to the 180-day level indicator.
Any actions taken to correct deficiencies as required under sub. (1) (b)
. Deficiencies not corrected within 30 days shall be accompanied by an explanation of the factors preventing correction.
Mortality management and practices used by the permittee to meet the requirements of s. NR 243.13 (8)
, including the dates and methods of disposal.
Record keeping requirements for land application activities.
The permittee shall create and retain the following records for activities associated with land application:
Daily logs recorded using form 3200-123A or a department approved equivalent, indicating the following.
Whether the soil was dry, wet, saturated, frozen or snow covered at the time of application.
For surface applications on frozen or snow-covered ground, whether any applied manure or process wastewater ran off the application site.
A weather log for all dates that manure and process wastewater is spread, including weather 24 hours prior to and following application.
Total amount of nitrogen and phosphorus actually applied to each field, including documentation of calculations for the total amount applied.
Records of the date, recipient name and address, approximate amount and nutrient content of manure or process wastewater distributed to another person in accordance with s. NR 243.142