ATCP 51.01 NoteNote: The odor score calculation under s. ATCP 51.14 is based, in part, on the proximity and density of “affected neighbors.” See Appendix A, worksheet 2. ATCP 51.01(3)(3) “Animal lot” means a feedlot, barnyard or other outdoor facility where livestock are concentrated for feeding or other purposes. “Animal lot” does not include a pasture or winter grazing area. Two or more animal lots at the same livestock facility constitute a single animal lot, for purposes of this chapter, if runoff from the animal lots drains to the same treatment area under s. ATCP 51.20 (2) or if runoff from the animal lot treatment areas converges or reaches the same surface water within 200 feet of any of those treatment areas. ATCP 51.01 NoteNote: See s. 93.90 (1m) (a), Stats., and s. ATCP 51.04. “Animal unit” equivalents, for different species and types of livestock, are shown in Appendix A, worksheet 1 (animal units). The “animal unit” equivalents are based on s. NR 243.03 (3) as it existed on April 27, 2004 (the date on which the livestock facility siting law, 2003 Wis. Act 235, was published). ATCP 51.01(5)(5) “BARNY model” means the NRCS “Evaluation System to Rate Feedlot Pollution Potential,” ARM-NC-17 (April 1982 version with modifications as of August 2005). ATCP 51.01 NoteNote: The BARNY model is a commonly used computer model that predicts nutrient runoff from animal lots. Copies of the BARNY model are on file with the department, the secretary of state and the legislative reference bureau. An Excel computer spreadsheet version is available at www.datcp.state.wi.us. ATCP 51.01(6)(6) “Bedrock” means the top of the shallowest layer of a soil profile that consists of consolidated rock material or weathered-in-place material, more than 50% of the volume of which will be retained on a 2 mm soil sieve. ATCP 51.01(7)(7) “Certified agricultural engineering practitioner” means an agricultural engineering practitioner who is certified under s. ATCP 50.46 with a rating under s. ATCP 50.46 (5) that authorizes the practitioner to certify every matter that the practitioner certifies under this chapter. ATCP 51.01(8)(8) “Cluster” means any group of one or more livestock structures within a livestock facility. ATCP 51.01(10)(10) “Department” means the Wisconsin department of agriculture, trade and consumer protection. ATCP 51.01 NoteNote: Under s. NR 151.015 (7), “direct runoff” means a discharge of a significant amount of pollutants to waters of the state resulting from any of the following practices: ATCP 51.01 Note(a) Runoff from a manure storage facility.
ATCP 51.01 Note(b) Runoff from an animal lot that can be predicted to reach surface waters of the state through a defined or channelized flow path or man-made conveyance.
ATCP 51.01 Note(c) Discharge of leachate from a manure pile.
ATCP 51.01 Note(d) Seepage from a manure storage facility.
ATCP 51.01 Note(e) Construction of a manure storage facility in permeable soils, or over fractured bedrock, without a liner designed according to s. NR 154.04 (3). ATCP 51.01(12)(12) “DNR” means the Wisconsin department of natural resources. ATCP 51.01(13)(13) “Expanded livestock facility” means the entire livestock facility that is created by the expansion, after May 1, 2006, of an existing livestock facility. “Expanded livestock facility” includes all livestock structures in the expanded facility, regardless of whether those structures are new, existing or altered. ATCP 51.01 NoteNote: This chapter applies to local approvals of new or expanded livestock facilities that will have 500 or more animal units (or will exceed a lower permit threshold incorporated in a local zoning ordinance prior to July 19, 2003). See s. ATCP 51.02. Although this chapter covers all livestock structures in an “expanded livestock facility,” existing structures are subject to less rigorous standards than new or expanded structures, and are completely exempt from certain requirements. ATCP 51.01(14)(14) “Expansion” means an increase in the largest number of animal units kept at a livestock facility on at least 90 days in any 12-month period. The acquisition of an existing livestock facility, by the operator of an adjacent livestock facility, does not constitute an “expansion” unless that operator increases the largest number of animal units kept at the combined livestock facilities on at least 90 days in any 12-month period. ATCP 51.01(15)(15) “Fine soil particles” means soil particles that pass through a # 200 soil sieve. ATCP 51.01(16)(16) “High-use building” means any of the following buildings: ATCP 51.01(16)(a)(a) A residential building that has at least 6 distinct dwelling units. ATCP 51.01(16)(b)(b) A restaurant, hotel, motel or tourist rooming house that holds a permit under s. 97.605, Stats.