Chapter NR 243

Chapter NR 243

ANIMAL FEEDING OPERATIONS

Subchapter I — General

NR 243.01   Purpose.

NR 243.02   Applicability.

NR 243.03   Definitions.

NR 243.04   Rainfall events.

NR 243.05   Calculating animal units.

NR 243.06   Variances.

NR 243.07   Incorporation by reference.

Subchapter II — Requirements for Large Concentrated Animal Feeding Operations

NR 243.11   Large concentrated feeding operations.

NR 243.12   WPDES permit application requirements.

NR 243.121   General permit coverage.

NR 243.13   Standard WDPES permit requirements for large CAFOs.

NR 243.14   Nutrient management.

NR 243.141   Manure stacking.

NR 243.142   Responsibility for large CAFO manure and process wastewater.

NR 243.143   Silurian bedrock performance standards.

NR 243.15   Design, submittal and approval of proposed facilities or systems.

NR 243.16   Evaluations of previously constructed facilities or systems.

NR 243.17   Operation and maintenance.

NR 243.18   Combined wastes.

NR 243.19   Inspections, record keeping and reporting.

Subchapter III — Other Animal Feeding Operations

NR 243.21   Purpose.

NR 243.23   General requirements for animal feeding operations.

NR 243.24   Department discharge determination and NODs.

NR 243.25   NOD enforcement.

NR 243.26   WPDES permits for medium and small CAFOs.

Subchapter IV — CAFO Enforcement

NR 243.31   Enforcement.

Ch. NR 243 Note Note: Ch. NR 243 as it existed on June 30, 2007 was repealed and a new Ch. NR 243 was created, Register April 2007 No. 616, eff. 7-1-07.

subch. I of ch. NR 243 Subchapter I — General

NR 243.01 NR 243.01 Purpose.

NR 243.01(1) (1) The purpose of this chapter is to implement design standards and accepted management practices and to establish permit requirements and the basis for issuing permits to CAFOs. This chapter also establishes the criteria under which the department may issue a notice of discharge or a permit to other animal feeding operations that discharge pollutants to waters of the state or fail to comply with applicable performance standards and prohibitions in ch. NR 151. For other animal feeding operations, it is the intent of the department that a permit would be issued only when it can be demonstrated that an operation has a discharge of pollutants to waters of the state. The authority for promulgation of this chapter is in chs. 281 and 283, Stats.

NR 243.01(2) (2) The department recognizes the unique nature of the state’s agricultural industry and the industry’s declared interest in protecting and preserving the state’s natural resources. The department also recognizes the benefit of manure applied to land for its fertilizer and soil conditioning value, and encourages the management and use of these materials in such a manner. Only those animal feeding operations that improperly manage their wastes and as a result cause groundwater or surface water pollution or that fail to comply with applicable performance standards and prohibitions or those operations that are CAFOs will be regulated under this chapter. It is not the intent of the department to require that all animal feeding operations obtain a permit.

NR 243.01 History History: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.

NR 243.02 NR 243.02 Applicability. The provisions of this chapter are applicable to large CAFOs and other animal feeding operations that discharge pollutants to waters of the state as determined under subch. III.

NR 243.02 History History: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.

NR 243.03 NR 243.03 Definitions. The following definitions are applicable to terms used in this chapter. Definitions of other terms and meanings of abbreviations are in ch. NR 205.

NR 243.03(1) (1) “Accepted management practices” means practices, techniques or measures through which runoff, manure, milking center waste, leachate and other waste streams associated with an animal feeding operation are handled, stored, utilized or otherwise controlled in a manner that is intended to achieve compliance with livestock performance standards and prohibitions established in ch. NR 151 and water quality objectives established under chs. 281 and 283, Stats. These practices, techniques or measures are established in this chapter as well as ch. NR 154 and ch. ATCP 50 and may include additional practices and procedures as approved by the department on a case-by-case basis.

NR 243.03(2) (2) “Agricultural storm water discharge” means:

NR 243.03(2)(a) (a) For unpermitted animal feeding operations with 300 to 999 animal units, a precipitation-related discharge of manure or process wastewater pollutants to surface waters from a land application area that may occur after the owner or operator of the animal feeding operation has land applied manure or process wastewater in compliance with a nutrient management plan that meets the nutrient management requirements of this chapter; and

NR 243.03(2)(b) (b) For permitted CAFOs, a precipitation related discharge of manure or process wastewater pollutants to surface waters from a land application area that may occur after the owner or operator of the CAFO has land applied the manure or process wastewater in compliance with the nutrient management requirements of this chapter and the terms and conditions of its WPDES permit.

NR 243.03 Note Note: The definition of agricultural storm water discharge does not include discharges of manure or process wastewater pollutants to surface waters from land application activities by an unpermitted small animal feeding operation, because these land application discharges to surface waters by a small operation are not a basis for requiring WPDES permit coverage. See s. NR 243.26 (2) (c).

NR 243.03(3) (3) “Ancillary service and storage areas” means areas that are adjacent to the production area, but are not used for handling or managing livestock, livestock products, mortalities, manure, process wastewater or raw materials. These ancillary areas include areas such as access roads, shipping and receiving areas, pesticide and herbicide storage, oil or fuel storage, raw material handling equipment maintenance, crop equipment or vehicle storage and maintenance areas and refuse piles.

NR 243.03(4) (4) “Animal feeding operation” means a lot or facility, other than a pasture or grazing area, where animals have been, are or will be stabled or confined, and will be fed or maintained for a total of 45 days or more in any 12-month period. Two or more animal feeding operations under common ownership or common management are a single operation if at least one of the following is true:

NR 243.03(4)(a) (a) The operations are adjacent.

NR 243.03(4)(b) (b) The operations utilize common systems for the landspreading of manure or other wastes, including a nutrient management plan or landspreading acreage.

NR 243.03 Note Note: While it is not the sole factor used to determine whether operations have a common system for landspreading, use of common land application equipment is one of the factors the department considers when determining if operations have a common system for landspreading.

NR 243.03(4)(c) (c) Manure, barnyard runoff or other wastes are commingled in a common storage facility prior to landspreading.

NR 243.03(5) (5) “Animal unit” means a unit of measure used to determine the total number of single animal types or combination of animal types, as specified in s. NR 243.11, that are at an animal feeding operation.

NR 243.03(6) (6) “Applicant” means an owner or operator of a proposed or existing CAFO that is applying for a WPDES permit.

NR 243.03(7) (7) “Areas of channelized flow” means channels or depressions that concentrate flow and are either:

NR 243.03(7)(a) (a) Man-made by a means other than typical field cultivation practices.

NR 243.03(7)(b) (b) A natural channel or depression that cannot be removed or rerouted using typical field cultivation practices or that form on a recurring basis in the same area.