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 NoteNote: 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 NoteNote: 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 NoteNote: 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 NoteNote: 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 NoteNote: 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.
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)(d)(d) Nutrient requirements of the crop or crops to be grown on the fields utilizing the manure. 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 HistoryHistory: 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(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 NoteNote: 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 NoteNote: 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 NoteNote: 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(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 HistoryHistory: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07. NR 243.142NR 243.142 Responsibility 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 NoteNote: 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)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 NoteNote: 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 NoteNote: Proper storage may include manure stored in bags provided that the manure is dry enough to avoid leachate generation.
NR 243.142 NoteNote: 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)(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 HistoryHistory: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07. NR 243.143NR 243.143 Silurian 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 HistoryHistory: CR 17-062: cr. Register June 2018 No. 750 eff. 7-1-18. NR 243.15NR 243.15 Design, submittal and approval of proposed facilities or systems. 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 NoteNote: 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 NoteNote: 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 NoteNote: 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)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 NoteNote: 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.
