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 243.12 WPDES 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)(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)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)(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.
NR 243.12 Note
Note: Stormwater construction site permit procedures and requirements outlined in ch.
NR 216 may apply to construction activities.
NR 243.12(2)(a)4.
4. A description and scaled drawing of existing and proposed runoff control systems, groundwater monitoring systems, water supply wells, permanent spray irrigation systems or other landspreading or treatment systems. Plans and specifications for new systems or proposed modifications to existing systems shall be submitted. Upon approval by the department, plans and specifications for proposed systems may be submitted during the term of the permit if construction of these facilities is planned to begin during the term of the permit. In addition, evaluations of existing systems not previously reviewed and approved by the department shall be submitted.
NR 243.12 Note
Note: Department approval to submit plans and specifications for proposed systems and evaluations of existing systems during the term of the permit does not delay compliance with the requirements in s.
NR 243.13.
NR 243.12(2)(a)5.
5. A description and scaled drawing of any existing and proposed ancillary service and storage areas and outside animal lots, including a map showing the area's size and location, the number of animals to be using the area, projected number of days in use, and type and percent of vegetative cover to be maintained.
NR 243.12(2)(a)6.
6. A complete nutrient management plan that meets the requirements of s.
NR 243.14. The plan shall be based on the volume of manure that will be generated by the operation from 1,000 animal units or the number of animal units that are expected to be at the operation by the end of the first year of permit coverage, whichever is greater. The permittee shall specify the expected number of animal units at the operation for the first year of the permit and during the permit term. The plan shall include all of the following information:
NR 243.12(2)(a)6.a.
a. A narrative overview of the operation's nutrient management plan including a general description of anticipated amounts and types of manure and process wastewater produced on an annual basis, amount of manure and process wastewater to be land applied, anticipated frequency of land application for manure and process wastewater, methods of land application, and other methods of use, disposal, distribution or treatment.
NR 243.12(2)(a)6.b.
b. Additional information the department requests for the purpose of identifying possible water quality impacts associated with an operation's land application activities.
NR 243.12(2)(a)7.
7. Any other information requested by the department that is necessary to comply with the requirements of ch.
NR 150.
NR 243.12 Note
Note: The department has developed an environmental analysis questionnaire identifying most of the information needed to comply with ch.
NR 150 that is included as part of a large CAFO's application package for first time issuances.
NR 243.12(2)(b)
(b) For operations submitting a reissuance application, a complete reissuance application shall consist of the following:
NR 243.12(2)(b)1.
1. Information on changes to the operation that have occurred during the current permit term and changes that are anticipated during the upcoming permit term, including changes that are necessary to comply with this chapter.
NR 243.12(2)(b)2.
2. The location of the existing site and proposed modifications to the site on maps such as aerial photographs and soil survey maps.
NR 243.12(2)(b)3.
3. Scaled drawing and descriptions of existing and proposed animal housing, manure storage, composting and treatment facilities, process wastewater storage or treatment facilities or systems, runoff control structures or systems, feed storage structures, groundwater monitoring systems, water supply wells, ancillary and service storage areas, loafing and outside lot areas and feed storage structures. Existing features shall be clearly delineated from proposed features.
NR 243.12(2)(b)4.
4. An updated nutrient management plan reflecting changes that have occurred at the operation since the previous permit issuance or reissuance and that incorporates the requirements in this chapter.
NR 243.12(2)(b)5.
5. A description of permanent spray irrigation systems and any other landspreading or treatment systems.
NR 243.12(2)(b)6.
6. Any other information requested by the department that is necessary to comply with the requirements of ch.
NR 150.
NR 243.12(3)
(3)
Application forms. Final permit and reissuance application information shall be submitted along with completed forms 3400-25 and 3400-25A. The department shall take action on a complete application pursuant to s.
NR 200.10.
NR 243.12 Note
Note: Applications and forms 3400-25 and 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 243.12 History
History: CR 05-075: cr.
Register April 2007 No. 616, eff. 7-1-07.
NR 243.121(1)(a)(a) The department may issue a WPDES general permit to cover a category or group of CAFOs where the department has determined that the operations will not be covered by an individual permit issued pursuant to s.
283.37 (2), Stats.
NR 243.121(1)(b)
(b) For purposes of this section, a category or group of CAFOs may be defined by size of operation, type of livestock or species, geographic or watershed area, method of managing manure or any other feature or attribute that the department determines is appropriate for defining a category of coverage.
NR 243.121(2)
(2)
General permit application requirements. An owner or operator seeking coverage under a general permit shall submit an application to the department in accordance with s.
NR 243.12 and shall include information documenting that the operation qualifies for the general permit based on the eligibility criteria specified in the general permit.
NR 243.121(3)
(3)
General permit eligibility. The department shall specify criteria for determining eligibility for general permit coverage in the WPDES general permit.
NR 243.121(4)
(4)
Individual permit coverage. Under s.
283.35 (3), Stats., the department may withdraw general permit coverage for a CAFO and issue an individual permit to the CAFO. The CAFO shall submit additional information requested by the department that is needed for issuance of an individual permit.
NR 243.121 Note
Note: The department may allow a permittee to participate in a cooperative compliance program to assist the CAFO with maintaining compliance with a general permit. A cooperative compliance program is an organization comprised of several CAFOs that have been granted permit coverage under a general permit. Cooperative compliance programs primarily assist facilities in maintaining compliance with general permits. Cooperative compliance programs retain environmental experts with substantial experience and knowledge in the management of manure and nutrients, design and maintenance of agricultural best management practices and environmental protection.
NR 243.121 History
History: CR 05-075: cr.
Register April 2007 No. 616, eff. 7-1-07.
NR 243.13
NR 243.13 Standard WDPES permit requirements for large CAFOs. NR 243.13(1)(1)
General. The department shall include conditions in permits that meet the requirements in subs.
(2) to
(8), if applicable to the primary livestock type housed at the CAFO. Pursuant to s.
283.31, Stats., the department shall include conditions in a WPDES permit for the production area and ancillary service and storage areas to ensure that clean water is diverted, as appropriate, from the production area and that are necessary to achieve compliance with surface water and groundwater quality standards contained in chs.
NR 102 to
105,
140 and
207, and the livestock performance standards and prohibitions prescribed in ch.
NR 151.
NR 243.13 Note
Note: Large CAFOs are not eligible for cost sharing under chs.
NR 153 and
154, nor is cost sharing necessary for compliance with the livestock performance standards and prohibitions.
NR 243.13(2)(a)
(a) The standard in this subsection applies to large CAFOs that confine mostly mature dairy cows, milking or dry, or cattle such as heifers, steer or bulls, or ducks. Except as provided in par.
(b) or
(c), a large CAFO may not discharge manure or process wastewater pollutants to navigable waters from the production area, unless all of the following apply:
NR 243.13(2)(a)1.
1. Precipitation causes an overflow of manure or process wastewater from a containment or storage structure.
NR 243.13(2)(a)2.
2. The containment or storage structure is properly designed, constructed and maintained to contain all manure and process wastewater from the operation, including the runoff and the direct precipitation from a 25-year, 24-hour applicable rainfall event.
NR 243.13(2)(a)3.
3. The production area is operated in accordance with the inspection, maintenance and record keeping requirements in s.
NR 243.19.
NR 243.13 Note
Note: Operations are not allowed to discharge pollutants to navigable waters under any circumstance or storm event from areas 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 243.13(2)(b)1.1. The department may establish an alternative discharge limitation to the standard limitation established in par.
(a) if an applicant or permittee requests an alternative limitation. When requesting an alternative site specific limitation, the applicant or permittee shall submit all of the following additional information as part of the application for WPDES permit issuance or reissuance:
NR 243.13(2)(b)1.a.
a. A technical analysis, calculations and other relevant information that demonstrates that the discharge of pollutants, on a mass basis, associated with the alternative limitation will be equal to or less than the mass loading of pollutants associated with achieving the standard limitations in par.
(a).
NR 243.13(2)(b)1.b.
b. A calculation of daily inputs to the storage systems and all daily outputs from the storage systems, including losses due to evaporation, sludge removal, and off-site transport of manure and wastewater.
NR 243.13(2)(b)1.c.
c. A calculation determining the median annual overflow volume based on a 25-year period of actual rainfall data applicable to the site.
NR 243.13(2)(b)1.d.
d. Representative samples and analysis of all sources of input into the storage systems for nitrogen, phosphorus, BOD
5 and total suspended solids, or other applicable pollutant data.
NR 243.13(2)(b)1.e.
e. Predicted annual average discharge of pollutants, expressed, where appropriate, as a mass discharge on a daily basis in pounds per day, and calculated considering the information in this subd.
1. b. to
d. NR 243.13(2)(b)2.
2. The department may approve an alternative limitation if the alternative limitation is based on site specific alternative technologies that will achieve a quantity of pollutants discharged from the production area that is equal to or less than the quantity of pollutants that would be discharged if the production area was designed, constructed, operated and maintained in compliance with the standard limitation in par.
(a). If approved, the alternative limit shall be included in the proposed WPDES permit.
NR 243.13(2)(c)
(c) A large CAFO that primarily confines ducks, was in existence as of 1974 and has not completely replaced all of its production or processing equipment after 1974, may have a discharge of pollutants from the production area to navigable waters that meets the limits in
40 CFR 412.22 provided the discharge will not exceed water quality standards.
40 CFR 412.22 is incorporated by reference in s.
NR 243.07. The department shall impose best management practices or effluent limitations on the discharge to address other pollutants associated with manure or process wastewater or to meet surface water or groundwater quality standards. If the permittee chooses this option, the permittee shall monitor pollutants in all runoff from the production area to demonstrate compliance with effluent limitations.
NR 243.13 Note
Note: Copies of
40 CFR 412.22 and the other federal regulations referenced in
40 CFR 412.22 are available for inspection at the office of the department, Madison, Wisconsin and U.S. EPA offices.
NR 243.13(3)
(3)
Swine, poultry other than ducks and veal calves. NR 243.13(3)(a)
(a) Except as provided in par.
(b), a large CAFO that is an existing source CAFO that confines mostly swine, poultry other than ducks or veal calves shall comply with the requirements in sub.
(2).
NR 243.13 Note
Note: All existing source dairy, cattle, swine, poultry other than ducks, and veal operations, are subject to the same discharge limitations related to the 25-year, 24-hour storm event as well as the same allowances for alternative discharge limitations. New source swine, poultry other than ducks, and veal calves have more restrictive discharge limitations and additional criteria for receiving alternative discharge limitations.
NR 243.13(3)(b)
(b) A large CAFO that is a new source CAFO and that confines mostly swine, poultry other than ducks or veal calves may not discharge manure or process wastewater pollutants into navigable waters from the production area except as provided in par.
(c). Storage and containment facilities and structures shall be designed, constructed, operated and maintained to contain all manure and process wastewater, including runoff and the direct precipitation from a 100-year, 24-hour rainfall event, and the production area shall be operated in accordance with the inspection, maintenance and recordkeeping requirements in s.
NR 243.19.
NR 243.13(3)(c)1.1. For swine, poultry other than ducks or veal calf operations that are new source CAFOs, the department may establish an alternative discharge limitation to the applicable standard limitation established in par.
(b) if an owner or operator of the large CAFO requests an alternative limitation. When requesting an alternative limitation under this paragraph, the applicant shall submit all of the following additional information as part of the application for WPDES permit issuance:
NR 243.13(3)(c)1.a.
a. Calculations that demonstrate that the quantity of pollutants discharged from the production area will be offset by additional best management practices that achieve an equivalent or greater reduction in the quantity of pollutants released to other media, including water and air, from the production area or land application areas. The calculations shall be made on a mass basis, where appropriate.
NR 243.13(3)(c)1.b.
b. Any other specific information requested by the department that is needed by the department to make a determination pursuant to this paragraph.
NR 243.13(3)(c)2.
2. If approved by the department, the alternative limitation shall be established in the WPDES permit and shall be based on site specific innovative technologies that will achieve an overall environmental performance across all media that is equal to, or superior to, the reductions achieved by the standard as provided in par.
(b).
NR 243.13(4)(a)(a) This subsection applies to large CAFOs that confine mostly horses or sheep. All large CAFOs that confine mostly horses or sheep may not discharge process wastewater pollutants into navigable waters from the production area except if both of the following are met:
NR 243.13(4)(a)1.
1. A rainfall event causes an overflow of process wastewater from a facility or structure designed, constructed, operated and maintained to contain all process wastewater generated including the runoff from a 25-year, 24-hour rainfall event.
NR 243.13(4)(b)
(b) In a WPDES permit, the department may impose additional requirements or best management practices, or other restrictions for production area discharges of manure or process wastewater to meet surface water quality or groundwater standards.
NR 243.13(5)(a)(a) If a discharge of manure or process wastewater pollutants to waters of the state occurs, including a discharge allowed under subs.
(2) to
(4), the discharge shall comply with groundwater and surface water quality standards.
NR 243.13(5)(b)
(b) The permittee may not allow livestock to come into direct contact with navigable waters in the production area.
NR 243.13(6)(a)(a)
General. Within 30 days of permit issuance or reissuance, a permittee shall develop an emergency response plan, or update an existing plan if necessary, that is designed to address unauthorized spills or discharges. For purposes of this subsection, unauthorized spills or discharges include catastrophic spills resulting from failures of containment or storage structures or equipment malfunctions, leakage from pumping systems and other events creating potential environmental damage. The emergency response plan shall be maintained at the production area in a place accessible to all employees. The permittee shall notify all employees involved with manure handling of the location and contents of the emergency response plan. Relevant portions of the plan shall be retained with land application equipment and with contracted land applicators. The plan shall be implemented whenever an unauthorized spill or discharge occurs. The plan shall be made available to the department upon request.
