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. NR 243.13 NoteNote: Pursuant to s. 292.11, Stats., owners or operators of CAFOs are required to report spills of hazardous substances. Under s. 292.11, Stats., manure can be considered a hazardous substance. NR 243.13(6)(b)(b) Plan content. The emergency response plan shall include all of the following information: NR 243.13(6)(b)1.1. The names and telephone numbers of persons who are identified by the permittee as responsible for implementing the emergency response plan. NR 243.13(6)(b)2.2. Areas of the production area where potential unauthorized spills or discharges can occur, and their accompanying surface and subsurface drainage points. NR 243.13(6)(b)3.3. Procedures to be followed in the event of an unauthorized spill or discharge, including the following: NR 243.13(6)(b)3.c.c. Identification of contractors, equipment, equipment technical support, clean-up materials and alternative manure storage that can be used in the event of an unauthorized discharge. NR 243.13(6)(b)3.d.d. Identification of land application sites or alternative storage facilities that can be used in the event of an unauthorized discharge during precipitation events or when soils are saturated, frozen or snow covered. Those land application sites identified shall have the lowest potential to deliver pollutants to waters of the state out of all the land application sites available to the permittee. NR 243.13(6)(b)3.e.e. Procedures for reporting the unauthorized discharge to the permittee’s main operational contact, any applicable local emergency or health authorities, and the department in accordance with permit requirements and s. 292.11, Stats. NR 243.13(6)(c)(c) Amendments. The emergency response plan shall be reviewed and, if appropriate or necessary, amended whenever the operation undergoes significant expansions or other changes that affect the volume or location of potential unauthorized spills or discharges. The plan shall be amended as needed to reflect changes in available equipment, available clean-up contractors or procedures to address unauthorized spills or discharges, or amended in accordance with comments provided by the department. Dates of plan amendments shall be retained with the plan at the production area. NR 243.13(7)(7) Ancillary service and storage areas. In accordance with the terms and conditions of the WPDES permit, a permittee may discharge contaminated storm water to waters of the state from ancillary service and storage areas provided the discharges of contaminated stormwater comply with groundwater and surface water quality standards. These areas include CAFO outdoor vegetated areas, access roads, sites used for the handling or storage of material or refuse other than manure, bedding, feed or process wastewater, areas for storage or maintenance of material handling equipment, areas for shipping and receiving, and other sources of contamination that are not identified as part of the production area. These areas do not include land application areas. The permittee shall take preventive maintenance actions and conduct periodic visual inspections to minimize the discharge of pollutants from these areas to surface waters. For CAFO outdoor vegetated areas, the permittee shall also implement the following practices: NR 243.13(7)(a)(a) Manage stocking densities, implement management systems and manage feed sources to ensure that sufficient vegetative cover is maintained over the entire area at all times. NR 243.13(7)(b)(b) Prohibit direct access of livestock or poultry to surface waters or wetlands located in or adjacent to the area unless approved by the department. NR 243.13(7)(c)(c) Comply with other measures specified in the permit to prevent exceedances of groundwater and surface water quality standards. NR 243.13 NoteNote: Examples of ancillary service and storage areas include access roads into the production area, pesticide storage, motor oil and fuel drums, equipment repair areas, and junk or scrap piles. These areas do not include land application areas or areas that are part of the production area. Contaminated stormwater discharges from construction site areas are subject to the WPDES permit requirements under ch. NR 216. NR 243.13(8)(a)(a) Animal carcasses may not be disposed of in a manner that results in a discharge of pollutants to surface waters, violates groundwater standards or impairs wetland functional values. Animal carcasses may not be disposed of directly into waters of the state. In addition, carcasses may not be disposed of in liquid manure or process wastewater containment, storage or treatment facilities unless the containment, storage or treatment facility is adequately designed to contain and treat carcasses and the facility has been approved by the department for that use. NR 243.13(8)(b)(b) The permittee shall maintain records of mortality management and disposal methods in accordance with s. NR 243.19. NR 243.13 NoteNote: The permittee should be aware that there are additional restrictions on the disposal of animal carcasses in ch. 95, Stats., and ch. ATCP 3. Furthermore, there may be local regulations regarding disposal of carcasses. If a carcass is disposed of off-site, the disposal may be subject to the requirements in s. NR 502.12 or ch. NR 518. NR 243.13 NoteNote: In accordance with s. 283.53, Stats., the term of a WPDES permit cannot exceed 5 years. NR 243.13 HistoryHistory: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.