ATCP 51.14(5)(c)2. 2. Scientific evidence to substantiate the efficacy of the odor control practice under relevant conditions.

ATCP 51.14(5)(d) (d) The department may approve a credit for an odor control practice under par. (b) if, in the department’s opinion, there is adequate scientific evidence to show that under relevant conditions the practice will result in odor reduction commensurate with the approved credit. The department shall grant or deny the request within 90 days after the department receives the request.

ATCP 51.14 Note Note: An odor control practice credit under sub. (5) is expressed, in the odor score calculation in Appendix A, worksheet 2, as a multiplier value (the lower the multiplier, the greater the benefit to the livestock operator).

ATCP 51.14(6) (6) Future reference points.

ATCP 51.14(6)(a) (a) Whenever an operator seeks local approval for the expansion of a livestock facility previously approved under this chapter, the operator may calculate an odor score under sub. (1) by reference to the same affected neighbors referenced in the odor score calculation for the prior local approval. The operator is not required to include, in the new odor score calculation, an affected neighbor that was not referenced in the odor score calculation for the prior local approval.

ATCP 51.14(6)(b) (b) Paragraph (a) applies regardless of any change in ownership of the livestock facility since the prior local approval, and regardless of the amount of time that has passed since the prior local approval, provided that the prior local approval has not been lawfully withdrawn for good cause under s. ATCP 51.08 (2) or 51.34 (4) (b).

ATCP 51.14 Note Note: The odor score calculation in Appendix A, worksheet 2 is partly based on the proximity and density of “affected neighbors” (see ATCP 51.01 (2)). An application for local approval documents those “affected neighbor” reference points. Subsection (6) protects an operator against the effects of encroaching development, without regulating that development directly.

ATCP 51.14 Note A local government must keep a complete record of each local approval for at least 7 years, and must file with DATCP a copy of each approval (including the application on which it was based). The local government must also provide the livestock operator with documentation of the local approval, including the maps on which the approval was based (see s. ATCP 51.34 (3) (b)). The approved maps document the “odor score” reference points for purposes of sub. (6).

ATCP 51.14 Note The livestock operator can record the local approval (including mapped “odor score” reference points) with the local register of deeds, and can convey the documentation to subsequent purchasers. In those ways, an operator can document previously-approved “odor score” reference points for purposes of a subsequent expansion.

ATCP 51.14(7) (7) 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 51.14 Note Note: Under s. ATCP 51.30, an application must be complete, credible and internally consistent. The application must include, among other things, a worksheet (or equivalent spreadsheet output) that shows compliance with this section. See Appendix A, worksheet 2. Local approval is conditioned upon compliance in fact (see s. ATCP 51.34 (4)). The presumption in sub. (7) may be rebutted by clear and convincing evidence in the record (see s. ATCP 51.34 and 51.36).

ATCP 51.14 History History: CR 05-014: cr. Register April 2006 No. 604, eff. 5-1-06.

ATCP 51.16 ATCP 51.16 Nutrient management.

ATCP 51.16(1) (1) Nutrient management standard.

ATCP 51.16(1)(a) (a) Except as provided in par. (c):

ATCP 51.16(1)(a)1. 1. Land applications of waste from a livestock facility approved under this chapter shall comply with NRCS nutrient management technical standard 590 (September, 2005), except for sections V.A.2.b(2), V.D, V.E and VI.

ATCP 51.16 Note Note: NRCS nutrient management technical standard 590 (September, 2005) is reprinted in Appendix B. The following sections of the reprinted standard do not apply for purposes of this chapter:

ATCP 51.16 Note V.A.2.b(2), related to additional requirements imposed by local conservation plans.

ATCP 51.16 Note V.D, related to additional criteria to minimize N and particulate air emissions.

ATCP 51.16 Note V.E, related to additional criteria to protect the physical, chemical and biological condition of the soil.

ATCP 51.16 Note VI, related to discretionary considerations.

ATCP 51.16(1)(a)2. 2. A nutrient management checklist, shown in Appendix A, worksheet 3, part C, shall accompany an application for local approval. A qualified nutrient management planner, other than the livestock operator, shall answer each checklist question. The planner shall have reasonable documentation to substantiate each answer, but neither the planner nor the operator is required to submit that documentation with the checklist.

ATCP 51.16 Note Note: A livestock operator is not required to submit a complete nutrient management plan with an application for local approval. Both the operator and the qualified nutrient management planner must sign the nutrient management checklist. See Appendix A, worksheet 3, part C.

ATCP 51.16(1)(b) (b) A political subdivision may ask a nutrient management planner to submit the documentation that the planner relied upon to substantiate the planner’s answer to one or more questions on the nutrient management checklist under par. (a) 2. The political subdivision may deny local approval if the planner’s documentation does not reasonably substantiate the answer.

ATCP 51.16(1)(c) (c) Paragraph (a) does not apply to a livestock facility with fewer than 500 animal units unless the operator’s ratio of acres to animal units, calculated according to Appendix A, worksheet 3, part B, is less than 1.5 for dairy and beef cattle, 1.0 for swine, 2.0 for sheep and goats, 2.5 for chickens and ducks, and 5.5 for turkeys.

ATCP 51.16 Note Note: A waste and nutrient management worksheet (Appendix A, worksheet 3) must accompany every application for local approval. Among other things, the worksheet shows the operator’s ratio of acres to animal units under par. (c).

ATCP 51.16 Note Paragraph (c) is an exemption, not a requirement, for livestock facilities. If a livestock facility qualifies for exemption under par. (c), the operator is not required to submit a nutrient management checklist under par. (a). The ratios stated in par. (c) are based on the phosphorus content of manure from the respective livestock species.

ATCP 51.16(2) (2) Presumption. For purposes of local approval, an operator is presumed to comply with sub. (1) if the application for local approval complies with s. ATCP 51.30.

ATCP 51.16 Note Note: Under s. ATCP 51.30, an application must be complete, credible and internally consistent. The application must include, among other things, a waste and nutrient management worksheet (Appendix A, worksheet 3). The completed worksheet must include all of the following: