f. 225 feet from subsurface drains
2. 5 pounds if the edge of the animal lot is located within any of the features identified in subd. 1.
Note: The BARNY model is a computer model that predicts nutrient runoff from animal lots. An Excel computer spreadsheet version of BARNY is available at livestocksiting.wi.gov. Applicants must provide outputs from the BARNY model to document compliance with this requirement.
(b) A livestock operator may make minor alterations to an existing animal lot to meet the runoff standards in par. (a).
(c) Animal lots shall have no direct runoff to surface waters of the state or to a direct conduit to groundwater.
(3) PROCESS WASTEWATER. A livestock facility shall have no significant discharge of process wastewater to waters of the state or to a direct conduit to groundwater.
(4) FEED STORAGE (a) For the purposes of the requirements in this section, a feed storage structure includes any building, bunker, or paved area used for feed storage or handling, but does not include silos, storage bags, and grain bins.
(b) An existing feed storage structure may be used, without substantial alteration, to store or handle feed if a registered professional engineer or certified conservation engineering practitioner certifies that the structure:
1. Was constructed according to applicable NRCS standards that existed at the time of construction, or in the absence of documentation to support this, the structure is located on a site with soils and separation distances that comply with Tables 1, 2 or 3 in NRCS technical guide waste treatment standard 629 (January, 2017).
Note: The type of structure determines which table must be used to document compliance.
2. Is in good condition and repair.
3. Shows no apparent signs of structural failure, significant leakage, or significant discharges to surface water.
Note: An evaluation should be completed in accordance with a department-approved evaluation flow chart, which is available at this website, livestocksiting.wi.gov.
4. The political subdivision may request a written report documenting the methods used for evaluation and the findings of the evaluation.
(c) An existing feed storage structure must be operated and maintained to:
1. Divert clean water from entering the structure or paved area.
2. Collect and store surface discharge of leachate from stored feed and initial runoff volume of 0.20 inches from each precipitation event before it leaves the structure or paved area, if the structure or paved area covers more than one acre. Collected leachate shall be stored and disposed of in a manner that prevents discharge to waters of the state.
3. Prevent leachate and contaminated runoff from infiltrating below the storage structure.
4. Avoid accumulation of debris in the loading area.
5. Ensure proper functioning of collection and treatment areas.
(d) A new or substantially altered feed storage structure shall comply with both of the following except as provided in par. (e):
1. The storage structure shall be designed, constructed and maintained in accordance with NRCS waste treatment technical standard 629 (January, 2017).
2. Leachate and contaminated runoff from storage structure shall be collected and stored for future land application, or treated in accordance with NRCS vegetated treatment area technical standard 635 (September, 2016R).
(e) If a new or expanded feed storage structure is less than one acre, the design for the new structure, or the new portion of the expanded structure, is only required to meet the applicable Table 1, 2 or 3 of NRCS waste treatment technical standard 629 (January, 2017) if each of following are met:
1. The proposed structure is not located within any of the separation distances in sub. (2) (a) 1. a. to f.
2. A registered professional engineer or certified conservation engineering practitioner certifies that:
a. The structure is designed to collect and store all leachate from stored feed and an initial runoff volume of 0.20 inches from each precipitation event.
b. The site area including the proposed structure and surrounding land is not located on soils with a high potential for leaching contaminants to groundwater.
c. Conditions at the site area and the design of storage area are such that runoff from a 25-year, 24-hour precipitation event will not result in a significant discharge to waters of the state.
Note: Runoff from feed storage must be controlled to prevent a significant discharge to waters of the state. Livestock operators are responsible for meeting this requirement if they follow the design standard in par. (d). In addition, livestock operators are subject to federal discharge standards that may be more restrictive than state standards.
(f) For the purposes of meeting the one acre size requirement in pars. (c) and (e), 2 or more feed storage structures at the same livestock facility shall be treated as a single storage structure if runoff from any structure converges or meets with runoff from another structure within the separation distances in sub. (2) (a) 1. a. to f. If 2 or more structures are related in this manner, each of the structures must individually meet the separation distances in sub. (2) (a) 1. a. to f.
(5) MILKING CENTER WASTEWATER. (a) For the purposes of the requirements in this section, milking center wastewater consists of wash water used to clean the milk harvesting and milk cooling equipment, and other contaminated sources of wastewater (water softener) and wash water used to clean the floors and walls. Wastewater from the floor of the holding area, clean discharge water sources (plate cooler, roof water) and sanitary wastewater (toilets, sinks, clothes laundry) must be excluded from the treatment system.
(b) Milking center wastewater shall be transferred to a waste storage facility or other structure that meets the design criteria of NRCS waste facility storage technical standard 313 (October, 2017R) and related liner standards specified in s. ATCP 51.18 (5), except as provided in par. (c). (c) If a livestock facility generates less than 500 gallons of milking center wastewater daily and does not store the wastewater for an extended period, the livestock operation may use the treatment practices described in NRCS waste treatment technical standard 629 (January, 2014).
(6) CLEAN WATER DIVERSION. Clean water shall be diverted away from contacting animal lots, waste storage facilities, and manure piles within 1,000 feet of a navigable lake, 300 feet of a navigable stream or wetlands, 300 feet from wetlands connected to navigable lake or stream, or 500 feet from a direct conduit to groundwater.
Note: See ss. NR 151.06 and ATCP 50.04 (1). Runoff may be diverted by means of earthen diversions, curbs, gutters, waterways, drains or other practices, as appropriate. (7) OVERFLOW OF WASTE STORAGE FACILITIES. A livestock facility shall be designed, constructed and maintained to prevent overflow of waste storage facilities.
(8) UNCONFINED MANURE PILES. A livestock facility may not have any unconfined manure piles within 1,000 feet of a navigable lake or 300 feet of a navigable stream.
(9) LIVESTOCK ACCESS TO SURFACE WATERS OF THE STATE. A livestock facility shall be designed, constructed and maintained to prevent unrestricted livestock access to surface waters of the state, if that access will prevent adequate vegetative cover on banks adjoining the water. This subsection does not prohibit a properly designed, installed and maintained livestock crossing or machinery crossing.
(10) DEMONSTRATION OF COMPLIANCE. (a) An applicant demonstrates compliance with the requirements of this section by submitting a runoff management worksheet (Appendix A, Worksheet 5), signed by a registered professional engineer or certified conservation engineering practitioner and the applicant, certifying that the existing, substantially altered and new structures and practices meet applicable standards in subs. (1) to (9).
(b) In lieu of submitting certification required by par. (a), an operator who holds a WPDES permit may submit the following documentation from DNR to cover one or more structures:
1. Plan and specification approval for new or substantially altered animal lots or feed storage structures.
2. Compliance determinations for existing animal lots or feed storage structures.
(11) PRESUMPTION. For purposes of local approval, a livestock facility is presumed to comply with this section if the application for local approval complies with s. ATCP 51.30. (12) DEVIATION FROM DESIGN SPECIFICATIONS. (a) Local approval of a livestock facility does not authorize an operator to populate the approved livestock facility if the construction or alteration of an animal lot or feed storage structure deviates materially, and without express authorization from the political subdivision, from design specifications included in the application for local approval.
(b) A political subdivision may do all of the following to verify that animal lots and feed storage structures are constructed according to design specifications included in the application for local approval:
1. Conduct inspections consistent with legal authority.
2. Require submission of a construction plan, a drawing reflecting design changes made during construction and documentation certifying that the facility was installed in accordance with technical standards.
Note: A deviation under sub. (12) does not invalidate a local approval, but does prevent the livestock operator from populating the approved livestock facility until the deviation is rectified or approved.
SECTION 43.
ATCP 51.30 (1) (Note) is created to read:The department-approved form is available at livestocksiting.wi.gov.
SECTION 44.
ATCP 51.30 (3) (Note) is repealed.SECTION 45.
ATCP 51.30 (4) and (Note) is repealed and recreated to read: LOCAL FEES. (a) A political subdivision may charge:
1. A full application fee established by local ordinance, not to exceed $1,000, to offset the political subdivision’s costs to review and process an application under sub. (1).
2. A fee for permit modification under ATCP 51.34 (4m) not to exceed $500.
Note: Under s. 66.0628, Stats., any fee imposed by a political subdivision must bear a reasonable relationship to the service for which the fee is imposed. (b) A political subdivision may not require an applicant to pay any fee, or post any bond or security with the political subdivision, except as provided in par. (a).
SECTION 46.
ATCP 51.30 (4m) is created to read:PRE-APPROVAL SITE PREPARATION. After a political subdivision receives an application under sub. (1), the political subdivision may notify the applicant that prior to a final decision on an application for local approval, activities at the livestock facility shall be limited to grading and other site preparation.
SECTION 47.
ATCP 51.30 (5) is amended to read:COMPLETE APPLICATION. Within 45 days after a political subdivision receives an application under sub. (1), the political subdivision shall notify the applicant whether the application contains everything required meets the requirements under subs. (1) to (4). If the political subdivision determines that the application is not complete, the notice shall specifically describe what else is needed.incomplete, it must complete a department-approved checklist to identify every item needed to make the application complete and provide a copy of the completed checklist to the applicant. Items not identified in the checklist are deemed complete and an applicant is only required to submit additional materials identified in the checklist to receive a completeness determination. Within 14 days after the applicant has provided everything required met the requirements under subs. (1) to (4), the political subdivision shall notify the applicant that the application is complete. A notice of completeness does not constitute an approval of the proposed livestock facility.
SECTION 48.
ATCP 51.34 (3) (a) is amended to read:WRITTEN DECISION. (a) A political subdivision shall issue its decision under subs. (1) or (2) in writing. The decision shall be based on written findings of fact included in the decision. The findings of fact shall be supported by evidence in the record under s. ATCP 51.36. Findings may be based on presumptions created by this chapter. A political subdivision may only impose conditions related to an operator’s compliance with the standards authorized in subch. II of ATCP 51. Any conditions attached to a local approval must be described in the final written decision granting the approval. Nothing in this chapter precludes a political subdivision from entering into a voluntary agreement with a permit applicant outside the scope of ch. ATCP 51. SECTION 49.
ATCP 51.34 (3) (a) (Note) is repealed.SECTION 50.
ATCP 51.34 (4) (intro.) is amended to read:TERMS OF APPROVAL. (intro.) An approval under sub. (1) is conditioned on the operator’s compliance with subch. II and representations made in the application for approval. This chapter does not limit a A political subdivision’s authority to do any of the following subdivision may:
SECTION 51.
ATCP 51.34 (4) (a) is repealed and recreated to read:(a) Monitor compliance with applicable standards under subch. II using any of the following methods:
1. Require an operator to certify, on an annual or less frequent basis, compliance with applicable standards under subch. II. Political subdivisions shall provide livestock operators a department-approved checklist to self-certify compliance.
2. Inspect locally-approved livestock facilities consistent with legal authority. If conducting inspections, a political subdivision shall use a department-approved compliance checklist to document the results of inspections.
Note: A political subdivision may request documentation that manure and nutrients were applied according to a nutrient management plan, s. ATCP 51.16, a livestock structure was installed according to standards, ss. ATCP 51.18 (8) and 51.20 (11), and activities identified in a training and other required plan were conducted in accordance with that plan. SECTION 52.
ATCP 51.34 (4) (b) 2. is amended to read:The operator, without authorization from the political subdivision, fails to honor relevant commitments made in the application for local approval.A political subdivision may not withhold authorization, under this subdivision, for reasonable changes that maintain compliance with the standards in subch. II.
SECTION 53.
ATCP 51.34 (4m) is created to read:MODIFICATION (a) As an alternative to procedures to ss. ATCP 51.30 and 51.32, a livestock operator with a local approval granted in accordance with sub. (1) may apply for a modification of that local approval under either of the following conditions: 1. The livestock operator plans to construct or alter one or more livestock structures without increasing the maximum number of animal units authorized in the most recent local approval issued under sub. (1).
2. The livestock operator plans to increase the maximum number of animal units without constructing or altering any livestock structures, and all of the following apply:
a. The planned increase in animal units will not exceed 20 percent of the maximum number of animal units authorized in the most recent local approval issued under sub. (1), but in no case may the increase exceed 1,000 animal units.
b. The livestock operator has not previously received a permit modification to increase animal units above the maximum number of animal units authorized in the most recent local approval issued under sub. (1)
c. The livestock operator submits a revised Worksheets 1 and 3 to account for increases in manure generated.
(b) The livestock operator requests modification by completing and submitting all of the following:
1. Request for Modification of a Local Approval (Appendix B).
Note: Appendix B contains instructions for completing the request for permit modification, including options to complete Worksheet 5. The department-approved form is available at livestocksiting.wi.gov.
2. Applicable worksheets from Appendix A documenting that the livestock facility, as modified, will maintain compliance with the standards in subch. II of ch. ATCP 51.
