ATCP 51.12(6)(6) 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. ATCP 51.12 NoteNote: Under s. ATCP 51.30, an application must be complete, credible and internally consistent. The application must include an area map, a site map, and a certification that the livestock facility complies with this section (see Appendix A). A local approval is conditioned upon compliance in fact (see s. ATCP 51.34 (4)). The presumption in sub. (6) may be rebutted by clear and convincing evidence in the record (see s. ATCP 51.34 and 51.36). ATCP 51.12 HistoryHistory: CR 05-014: cr. Register April 2006 No. 604, eff. 5-1-06. ATCP 51.14(1)(1) Odor standard. Except as provided in subs. (2) to (4), a livestock facility shall have an odor score of at least 500. The operator shall calculate the odor score according to Appendix A, worksheet 2, or by using the equivalent spreadsheet provided on the department’s website. An application for local approval shall include worksheet 2 or the spreadsheet output. ATCP 51.14 NoteNote: The spreadsheet equivalent of Appendix A, worksheet 2 is available on the department’s website at http://livestocksiting.wi.gov/ . ATCP 51.14 NoteOdor score is based on predicted odor generation (based on size and type of livestock facility), odor practices, and the proximity and density of “affected neighbors.” See Appendix A, worksheet 2.
ATCP 51.14 NoteAn odor score is a predictive estimate. The standard in sub. (1) applies only for purposes of local livestock facility siting decisions under this chapter. Failure to comply with the standard in sub. (1) does not constitute evidence of a public or private nuisance, negligence, or a taking of property.
ATCP 51.14 NoteOdor control practices may also control air pollution emissions. The department will work to coordinate odor and air emissions field research with DNR, the Wisconsin agricultural stewardship initiative (WASI), and the University of Wisconsin. The department will consider research results when it reviews this chapter at least once every 4 years (see s. 93.90 (2) (c), Stats.). As part of its review, the department will consult with an advisory committee that includes representatives of livestock producers, local government and environmental interests. The department will consider amendments to this rule, as appropriate, based on research findings. ATCP 51.14(2)(2) Exemptions. The odor standard in sub. (1) does not apply to any of the following livestock facilities unless the facility operator voluntarily completes and submits worksheet 2 or the equivalent spreadsheet output with the operator’s application for local approval: ATCP 51.14(2)(b)(b) An expanded livestock facility with fewer than 1,000 animal units. ATCP 51.14(2)(c)(c) A livestock facility in which all livestock structures will be located at least 2,500 ft. from the nearest affected neighbor. ATCP 51.14 NoteNote: “Affected neighbors” (ATCP 51.01 (2)) are residences or “high-use buildings” (ATCP 51.01 (16)) other than those owned by the livestock operator or by persons who agree to be excluded from odor score calculations under sub. (1).
ATCP 51.14(3)(3) Clusters. If all of the livestock structures in a livestock facility are divided among 2 or more clusters, such that no cluster is located closer than 750 feet to any other cluster, an operator may choose to calculate an odor score under sub. (1) for each cluster rather than for the entire livestock facility. Each cluster shall comply with the odor standards in sub. (1). ATCP 51.14 NoteNote: For example, a dairy operator can take advantage of sub. (3) if a proposed dairy facility includes a milking operation (cluster 1) and a heifer facility (cluster 2) located 800 feet from each other.
ATCP 51.14(4)(a)(a) Notwithstanding sub. (1), a political subdivision may in its discretion approve a livestock facility with an odor score of less than 500, provided that the odor score is not less than 470. ATCP 51.14(4)(b)(b) If a political subdivision exercises its discretionary authority under par. (a), its written decision under s. ATCP 51.34 (3) shall state the reason or reasons for that exercise of discretionary authority. ATCP 51.14(4)(c)(c) The livestock facility siting review board may not review any of the following under s. 93.90 (5), Stats.: ATCP 51.14(4)(c)1.1. A political subdivision’s exercise, or refusal to exercise, discretionary authority under par. (a). ATCP 51.14(4)(c)2.2. The adequacy of the political subdivision’s stated reasons under par. (b) for exercising discretionary authority under par. (a). ATCP 51.14 NoteNote: A political subdivision must approve a livestock facility that meets the odor standard under sub. (1), assuming that the facility meets other livestock facility siting standards under this chapter (see ATCP 51.34 (1)).
ATCP 51.14 NoteA political subdivision may not approve a livestock facility that fails to meet the odor standard under sub. (1), except that the political subdivision may exercise its discretionary authority under sub. (4) (a) in favor of an applicant if it chooses to do so. For example, a political subdivision may exercise its discretionary authority under sub. (4) (a) based on factors such as community tolerance, the applicant’s near attainment of a standard, innovative odor control practices, local land use plans, or the applicant’s past reputation for good management and community relations.
ATCP 51.14(5)(5) Credits for odor control practices. In the calculation of predicted odor under sub. (1), an operator may claim credit for all of the following: ATCP 51.14(5)(a)(a) Odor control practices, identified in Appendix A, worksheet 2, which the operator agrees to implement. For each odor control practice, the operator may claim a credit specified in Appendix A, worksheet 2. ATCP 51.14(5)(b)(b) An odor control practice not identified in Appendix A, worksheet 2 if the department pre-approves a credit for that practice. The operator shall claim the pre-approved credit according to the procedure specified in Appendix A, worksheet 2. ATCP 51.14(5)(c)(c) An operator seeking department approval under par. (b) shall submit all of the following to the department in writing: ATCP 51.14(5)(c)1.1. A clear description of the odor control practice for which the operator seeks an approved credit.