ATCP 50.54(2)(b)1. 1. A permit for a manure storage system voluntarily constructed by a landowner.

ATCP 50.54(2)(b)2. 2. A permit required for a new or expanding livestock facility operation regulated under ch. ATCP 51.

ATCP 50.54(2)(c) (c) Paragraph (a) does not limit any of the following:

ATCP 50.54(2)(c)1. 1. Emergency or interim action taken in response to a pollution discharge, to prevent or mitigate imminent harm to waters of the state.

ATCP 50.54(2)(c)2. 2. County action under s. ATCP 50.16 (6) to suspend a landowner’s eligibility for farmland preservation tax credits, if the landowner fails to comply with conservation standards under s. ATCP 50.16 (1).

ATCP 50.54(2)(c)3. 3. Enforcement of an existing cost-share contract.

ATCP 50.54 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: renum. (2) (b) to (2) (b) (intro.) and am., cr. (2) (b) 1., 2. Register February 2014 No. 698, eff. 5-1-14; CR 16-083: am. (2) (b) (intro.) Register January 2018 No. 745, eff. 2-1-18.

ATCP 50.56 ATCP 50.56 Manure storage systems; ordinance.

ATCP 50.56(1) (1) General. A county, city, village, or town may adopt an ordinance under s. 92.16, Stats., that establishes standards for manure storage systems.

ATCP 50.56(2) (2) Contents. An ordinance adopted under s. 92.16, Stats., shall include all of the following:

ATCP 50.56(2)(a) (a) The authority of the county, city, village, or town to adopt the ordinance.

ATCP 50.56(2)(b) (b) The purpose for the ordinance, and the findings that prompted the county, city, village, or town to adopt the ordinance.

ATCP 50.56(2)(c) (c) Definitions of significant terms used in the ordinance.

ATCP 50.56(2)(d) (d) Construction provisions under sub. (3).

ATCP 50.56(2)(e) (e) Closure provisions under sub. (4), if any.

ATCP 50.56(2)(f) (f) Conditions, if any, under which the county, city, village, or town may require the closure of a manure storage system.

ATCP 50.56(2)(g) (g) Provisions, if any, for monitoring the adequacy of manure storage systems, including the annual submission of a nutrient management plan that complies with s. ATCP 50.04 (3).

ATCP 50.56 Note Note: The monitoring system may be applied to all manure storage systems, regardless of when those systems were installed.

ATCP 50.56(2)(h) (h) Provisions related to ordinance administration, including inspection and enforcement authority, appeal procedures, and penalties for violating the ordinance.

ATCP 50.56(2)(i) (i) Provisions, if any, related to the initial applicability and severability of the ordinance.

ATCP 50.56(2)(j) (j) The effective date of the ordinance.

ATCP 50.56(3) (3) Construction provisions.

ATCP 50.56(3)(a) (a) An ordinance adopted under s. 92.16, Stats., shall establish requirements for constructing a new or modified manure storage system, including storage and transfer components to handle manure.

ATCP 50.56 Note Note: See s. ATCP 50.01 (20).

ATCP 50.56(3)(b) (b) An ordinance adopted under s. 92.16, Stats., shall include provisions that do all of the following:

ATCP 50.56(3)(b)1. 1. Prohibit construction of any part of a manure storage system without a permit from the county, city, village, or town that adopts the ordinance.

ATCP 50.56(3)(b)2. 2. Require submission of a construction plan, a drawing reflecting design changes made during construction, and documentation certifying that the system was installed in accordance with technical standards.

ATCP 50.56 Note Note: Ordinances should provide sufficient time for the local governmental unit to review engineering plans and specifications submitted by applicants. The timelines in s. NR 243.15 (1) (b) and s. ATCP 51.32 are designed to enable permit issuers to thoroughly review today’s complex systems for completeness and conformance with applicable standards. Local governmental units should make every effort to coordinate their permit reviews with other government programs conducting similar reviews.

ATCP 50.56(3)(b)3. 3. Require a nutrient management plan that complies with s. ATCP 50.04 (3).