ATCP 51.18(3)(b)2. 2. NRCS technical guide manure transfer standard 634 (November, 2004).

ATCP 51.18 Note Note: According to s. ATCP 51.30, an application for local approval must include the design specifications and certification to which sub. (3) refers. See Appendix A, worksheet 4 (waste storage facilities).

ATCP 51.18(4) (4) Closed facilities. If a waste storage facility is closed as part of the construction or expansion of a livestock facility, the closure shall comply with NRCS technical guide closure of waste impoundments standard 360 (December, 2002). A closure is presumed to comply with this subsection, for purposes of local approval, if the application for local approval includes the closure plan and certification required under s. ATCP 51.30.

ATCP 51.18 Note Note: According to s. ATCP 51.30, an application for local approval must identify any waste storage facilities to be closed. The application must include a closure plan for each identified facility. A registered professional engineer or certified agricultural engineering practitioner must certify that the closure plan complies with NRCS technical guide closure of waste impoundments standard 360 (December 2002). See Appendix A, worksheet 4 (waste storage facilities).

ATCP 51.18 Note Under s. NR 151.05 (3) and (4), an operator must normally close a manure storage facility if the facility has not been used for 24 months, or poses an imminent threat to public health, aquatic life or groundwater.

ATCP 51.18 Note If a waste storage facility is abandoned or not properly closed, a political subdivision may seek redress under s. 66.0627 or 254.59, Stats., as appropriate.

ATCP 51.18(5) (5) Storage capacity.

ATCP 51.18(5)(a) (a) The waste storage capacity of a livestock facility, not counting any excess storage capacity required for open waste storage facilities under par. (b), shall be adequate for reasonably foreseeable storage needs based on the operator’s waste and nutrient management strategy under s. ATCP 51.16.

ATCP 51.18 Note Note: Section ATCP 51.20 (5) prohibits overflow of waste storage facilities. See also ss. NR 151.08 (2) and ATCP 50.04 (1).

ATCP 51.18(5)(b) (b) An operator shall at all times maintain, in every open waste storage facility, unused storage capacity equal to the greater of the following volumes:

ATCP 51.18(5)(b)1. 1. One foot multiplied by the top area of the storage facility.

ATCP 51.18(5)(b)2. 2. The volume of rain that would accumulate in the manure storage facility from a 25-year 24-hour storm.

ATCP 51.18 Note Note: The required excess storage capacity in par. (b), often called “freeboard storage,” provides a safety factor to prevent manure storage overflow in the event of a major rain event.

ATCP 51.18(5)(c) (c) The waste storage capacity of a livestock facility is presumed to comply with this subsection, for purposes of a local approval, if the application for local approval complies with s. ATCP 51.30.

ATCP 51.18 Note Note: Under s. ATCP 51.30, an application must be complete, credible and internally consistent. An application must include a waste and nutrient management worksheet (worksheet 3, signed by the operator and a qualified nutrient management planner) and a waste storage facility worksheet (worksheet 4, signed by a registered professional engineer or certified agricultural engineering practitioner). Worksheet 3 must identify waste storage needs, based on the operator’s landspreading and waste disposal strategy. Worksheet 3 must also show waste storage capacity, consistent with worksheet 4. Capacity must be adequate for reasonably foreseeable needs.

ATCP 51.18(6) (6) Deviation from design specifications. Local approval of a livestock facility does not authorize an operator to populate that approved livestock facility if the construction, alteration or closure of a waste storage facility deviates materially, and without express authorization from the political subdivision, from the design specifications or closure plan included in the application for local approval.

ATCP 51.18 Note Note: A political subdivision may inspect waste storage facilities to verify that they are constructed according to specifications included in the application for local approval. This section does not require or prohibit local inspection. A deviation under sub. (6) 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.

ATCP 51.18 Note This chapter does not limit the application of local waste storage ordinances, except in connection with the approval of a new or expanded livestock facility. For example, if a livestock operator constructs a new waste storage structure without adding “animal units” for which local approval is required, the construction must comply with the local waste storage ordinance if any.

ATCP 51.18 Note But if a livestock operator proposes to add “animal units” and construct a new waste storage structure, to create an “expanded livestock facility” for which local approval is required, the waste storage standards in this chapter are controlling. A political subdivision may not disapprove the expansion, except for reasons provided under this chapter.

ATCP 51.18(7) (7) Exemption. This section does not apply if all of the following apply:

ATCP 51.18(7)(a) (a) The operator holds a WPDES permit for the same proposed livestock facility, and that permit is based on housing for a number of animal units that is equal to or greater than the number for which the operator seeks local approval.

ATCP 51.18(7)(b) (b) The operator includes a copy of the WPDES permit with the operator’s application for local approval.

ATCP 51.18 History History: CR 05-014: cr. Register April 2006 No. 604, eff. 5-1-06.

ATCP 51.20 ATCP 51.20 Runoff management.

ATCP 51.20(1) (1) New or substantially altered animal lots. New or substantially altered animal lots shall comply with NRCS technical guide wastewater treatment strip standard 635 (January, 2002).

ATCP 51.20(2) (2) Existing animal lots.

ATCP 51.20(2)(a) (a) The predicted average annual phosphorus runoff from each existing animal lot to the end of the runoff treatment area, as determined by the BARNY model, shall be less than the following applicable amount:

ATCP 51.20(2)(a)1. 1. Fifteen pounds if no part of the animal lot is located within 1,000 feet of a navigable lake or 300 feet of a navigable stream.

ATCP 51.20(2)(a)2. 2. Five pounds if any part of the animal lot is located within 1,000 feet of a navigable lake or 300 feet of a navigable stream.