NR 151.015(8l) “Injection” has the meaning given in s. NR 243.03(29). Section 6. NR 151.015(8p) is created to read:
NR 151.015(8p) “Liquid manure” means manure that contains less than 12 percent solid material by volume.
Section 7. NR 151.015(8t) is created to read:
NR 151.015(8t) “Long term no till” means no till farming that has been implemented a minimum of 3 consecutive years.
Section 8. NR 151.015(8x) is created to read:
NR 151.015(8x) “Mechanical application” means surface application, injection or incorporation of manure on cropland or pastures using manure hauling vehicles or equipment. This does not include an area of land where animals graze or otherwise seek feed in a manner that maintains the vegetative cover over all the area and where the vegetative cover is the primary food source for the animals.
Section 9. NR 151.015(15n) is created to read:
NR 151.015(15n) “Pathogens” has the meaning given in s. NR 204.03(38). Section 10. NR 151.015(15w) is created to read:
NR 151.015(15w) “Pre-tillage” means using mechanical equipment to reduce soil preferential flow paths (worm holes, root holes and cracks) by turning and mixing the soil prior to and at least 2 inches below the depth of manure application.
Section 11. NR 151.015(17) is created to read:
NR 151.015(17) “Silurian bedrock” means the area in Wisconsin where the bedrock consists of Silurian dolomite or is part of the Maquoketa Formation overlain by soils of 20 feet or less. This area comprises portions of the following counties: Brown, Calumet, Dodge, Door, Fond du Lac, Kenosha, Kewaunee, Manitowoc, Milwaukee, Outagamie, Ozaukee, Racine, Sheboygan, Walworth, Washington and Waukesha. Areas where Silurian bedrock occurs in Wisconsin can be identified by the most current NRCS, WGNHS, or county maps and infield bedrock verification methods.
Section 12. NR 151.015(18r) is created to read:
NR 151.015(18r) “Solid manure” means manure that contains 12 percent or greater solid material by volume.
Section 13. NR 151.075 is created to read:
NR 151.075 Silurian bedrock performance standards. (1) All crop producers and livestock producers 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) shall comply with this section. (2) Manure application shall not cause the fecal contamination of water in a well.
(3) No mechanical application of manure on areas of cropland or pastures that have 24 inches or less of separation between the ground surface and saturation.
(4) Manure shall be applied in conformance with a nutrient management plan that meets the requirements under all of the following:
(a) The plan shall be consistent with s. NR 151.07. (b) The plan shall be consistent with NRCS Technical Standard 590, dated December 2015.
(c) The plan shall be designed and implemented consistent with this section to manage manure so as to reduce the risk of pathogen delivery to groundwater and prevent exceedances of groundwater water quality standards.
(d) The plan shall use county soils or other methods as a planning tool to identify Silurian bedrock within or adjacent to cropland and pastures.
(5) Prior to mechanical application of manure on croplands or pastures, use infield bedrock verification to locate Silurian bedrock having soil depths less than 5 feet.
(6) For cropland or pastures, when soil is less than five feet thick over Silurian bedrock, evaluate and rank fields for risk of pathogen delivery to groundwater before mechanically applying manure. Areas determined to have a high risk for pathogen delivery to groundwater shall be avoided or shall be lowest priority for manure application.
(7) Mechanical application of manure and headland stacking of manure is prohibited on soils with 5 feet or less to Silurian bedrock when soils are frozen or snow covered.
(8) Mechanical application of manure is prohibited within Silurian bedrock having soil depths less than 5 feet when rainfall greater than one inch is forecast within 24 hours of planned application.
(9) Mechanical application of manure is prohibited for soils with less than 2 feet to Silurian bedrock.
(10) For soils with 2 to 3 feet to Silurian bedrock, the following shall apply:
(a) No mechanical application of solid manure unless:
1. Incorporated within 72 hours to no more than 4 inches below ground; and
2. At least one of the following is implemented:
a. Manure is applied at a rate of 15 tons/acre/year, or UW A2809 annual application rate, whichever is less.
b. Manure is applied within 10 days of the planting date or applied on perennial or other established crop.
c. Manure is composted or treated to reduce pathogen levels via practices to a fecal coliform bacteria density of less than 500,000 colony-forming units, or most probable number per gram total solids on a dry weight basis.
(b) No mechanical application of liquid manure unless:
1. Pre-tillage is completed, unless exempt under sub. (c); and
2. Liquid manure is injected or incorporated within 24 hours to no more than 4 inches below ground; and
3. At least one of the following is implemented:
a. Total liquid manure application is limited to Table 1 or to the UW A2809 annual application rate, whichever is less, to prevent hydraulic overloading of the soil.
Table 1. Silurian Bedrock Maximum Liquid Manure Application Rates |
Soil Texture | 2 to 3 Feet Depth (gal/ac/yr) | 3 to 5 Feet Depth (gal/ac/wk) | 5 to 20 Feet Depth (gal/ac/wk) |
Sandy Loam | 13,500 | 13,500 | 27,000 |
Silt Loam | 13,500 | 13,500 | 27,000 |
Clay Loam | 13,500 | 13,500 | 20,000 |
b. Liquid manure is applied within 10 days of the planting date or applied on perennial or other established crop.
c. Liquid manure is treated to substantially reduce pathogen levels via practices to a fecal coliform bacteria density of less than 500,000 most probable number or colony-forming units per 100 milliliter sample.
(c) Pre-tillage or incorporation is not required if cropland or pastures meet long term no till or have perennial or established crops.
(11) For soils with 3 to 5 feet to Silurian bedrock, the following shall apply:
(a) No mechanical application of solid manure unless:
1. Incorporated within 72 hours to no more than 6 inches below ground; and
2. At least one of the following is implemented:
a. Manure is applied at a rate of 15 tons/acre/year, or UW A2809 annual application rate, whichever is less.
b. Manure is applied within 10 days of the planting date or applied on perennial or other established crop.
c. Manure is composted or treated to reduce pathogen levels via practices to a fecal coliform bacteria density of 500,000 colony-forming units, or most probable number per gram total solids on a dry weight basis.
(b) No mechanical application of liquid manure unless:
1. Pre-tillage is completed unless exempt under sub. (c); and
2. Liquid manure is injected or incorporated within 24 hours to no more than 6 inches below ground; and
3. At least one of the following is implemented:
a. Total liquid manure application is limited to sub. (10)(b)3. Table 1 rates or to the UW A2809 annual application rate, whichever is less, to prevent hydraulic overloading of the soil.
b. Liquid manure is applied within 10 days of the planting date or applied on perennial or other established crop.
c. Liquid manure is treated to substantially reduce pathogen levels via practices to a fecal coliform bacteria density of less than 500,000 most probable number or colony-forming units per 100 milliliter sample.
(c) Pre-tillage or incorporation is not required if cropland or pastures meet long term no till or has perennial or established crops.
(12) For soils with 5 to 20 feet to Silurian bedrock, the following shall apply:
(a) No mechanical application of liquid manure unless:
1. Pre-tillage is completed unless exempt under sub. (b); and
2. Liquid manure is injected or incorporated within 24 hours to no more than 8 inches below ground; and
3. At least one of the following is implemented:
a. Total weekly liquid manure application is limited to sub. (10)(b)3. Table 1 rates, or to the UW A2809 annual application rate, whichever is less, to prevent hydraulic overloading of the soil.
b. Liquid manure is applied within 10 days of the planting date or applied on perennial or other established crop.
c. Liquid manure is treated to substantially reduce pathogen levels via practices to a fecal coliform bacteria density of less than 500,000 most probable number or colony-forming units per 100 milliliter sample.
(b) Pre-tillage or incorporation is not required if cropland or pastures meet long term no till, or has perennial or established crops.
(13) Mechanical manure applications are prohibited within:
(a) 1000 feet of a community water system as defined in s. NR 811.02. (b) 250 feet of a private water system and non-community water system as defined in s. NR 812.07. (c) An area within 300 feet upslope or 100 feet downslope of a direct conduit to groundwater.
(d) 100 feet of defined channels that lead to sub. (a), (b), or (c).
(14) Mechanical manure applications are prohibited within 100 feet of an area in a closed depression unless the manure is injected or incorporated within 24 hours or prior to a rain event, whichever comes first. This does not apply to areas following long term no till practices or with perennial or established crops.
(15) No surface application of manure on slopes of 6 percent or greater in cropland and pasture areas that have defined channels that drain to a closed depression, unless the material is incorporated within 24 hours. This does not apply to areas following long term no till practices or with perennial or established crops.
(16) Practices shall retain land applied manure on the soil where they are applied with minimal movement to maintain setback distances specified in subs. (13) and (14).
Section 14. NR 243.143 is created to read:
NR 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) shall comply with s. NR 151.075. Section 15. Effective Date. This rule takes effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats. Section 16. Board adoption. This rule was approved and adopted by the State of Wisconsin Natural Resources Board on [DATE].
