NR 151.03
NR 151.03 Tillage setback performance standard. The purpose of this standard is to prevent tillage operations from destroying stream banks and depositing soil directly in surface waters. In this section, “surface water" has the meaning given in s.
NR 102.03 (7).
NR 151.03(1)
(1) No crop producer may conduct a tillage operation that negatively impacts stream bank integrity or deposits soil directly in surface waters.
NR 151.03(2)
(2) No tillage operations may be conducted within 5 feet of the top of the channel of surface waters. Tillage setbacks greater than 5 feet but no more than 20 feet may be required to meet this standard.
NR 151.03(3)
(3) Crop producers shall maintain the area within the tillage setback required under sub.
(2) in adequate sod or self-sustaining vegetative cover that provides a minimum of 70% coverage.
NR 151.03(4)
(4) This section does not apply to grassed waterways installed as conservation practices.
NR 151.03 History
History: CR 09-112: cr.
Register December 2010 No. 660, eff. 1-1-11; correction to (intro.) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2010 No. 660.
NR 151.04
NR 151.04 Phosphorus index performance standard. NR 151.04(1)(1)
All crop and livestock producers shall comply with this section.
NR 151.04(2)(a)(a) Croplands, pastures, and winter grazing areas shall average a phosphorus index of 6 or less over the accounting period and may not exceed a phosphorus index of 12 in any individual year within the accounting period.
NR 151.04(2)(b)
(b) Except as provided under sub.
(3), for purposes of compliance with this section the phosphorus index shall be calculated using the version of the Wisconsin Phosphorus Index available as of January 1, 2011.
NR 151.04 Note
Note: The Wisconsin Phosphorus Index is maintained by the University of Wisconsin department of soil science and can be found at
http://wpindex.soils.wisc.edu/.
NR 151.04 Note
Note: Soil test phosphorus concentration may be used to help identify fields that are high priority for evaluation with the Wisconsin Phosphorus Index. For example, croplands with soil test phosphorus concentrations of 35 parts per million or greater should be given higher priority for evaluation.
NR 151.04 Note
Note: Best management practices developed by the department of agriculture, trade and consumer protection may be used alone or in combination to meet the requirements of this section.
NR 151.04(2)(c)
(c) The accounting period required under par.
(a) shall meet the following conditions:
NR 151.04(2)(c)2.
2. During the first 8 years of implementation of this standard by a producer, computation of the phosphorus index may be based on a combination of planned crop management and historic data. Planned crop management data is based on projected management and crop rotations. Historic data is based on management and crop rotations that have actually occurred.
NR 151.04(3)
(3) If the phosphorus index is not applicable to a particular crop or situation, an equivalent calculation approved by the department shall be used to meet the requirements of this section.
NR 151.04 Note
Note: The requirement provides for alternative methods to calculate a phosphorus index. Some strategies for assessing and reducing phosphorus index values, algorithms, and software can be found at
http://wpindex.soils.wisc.edu/.
NR 151.04(4)
(4) Producers may not apply nutrients or manure directly, through mechanical means, to surface waters as defined in s.
NR 102.03 (7).
NR 151.04(5)
(5) The phosphorus index requirement under sub.
(2) (a) first takes effect for pastures beginning July 1, 2012.
NR 151.04 History
History: CR 09-112: cr.
Register December 2010 No. 660, eff. 1-1-11; correction to (4) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2010 No. 660.
NR 151.05
NR 151.05 Manure storage facilities performance standards. NR 151.05(1)(1)
Applicability. All livestock producers building new manure storage facilities, substantially altering manure storage facilities, or choosing to abandon their manure storage facilities shall comply with this section.
NR 151.05(2)(a)(a) New or substantially altered manure storage facilities shall be designed, constructed and maintained to minimize the risk of structural failure of the facility and minimize leakage of the facility in order to comply with groundwater standards. The levels of materials in the storage facility may not exceed the margin of safety level.
NR 151.05(2)(am)
(am) Storage facilities that are constructed or significantly altered on or after January 1, 2011, shall be designed and operated to contain the additional volume of runoff and direct precipitation entering the facility as a result of a 25-year, 24-hour storm.
NR 151.05(2)(b)
(b) A new manure storage facility means a facility constructed after October 1, 2002.
NR 151.05(2)(c)
(c) A substantially altered manure storage facility is a manure storage facility that is substantially altered after October 1, 2002.
NR 151.05(3)(a)
(a) Closure of a manure storage facility shall occur when an operation where the facility is located ceases operations, or manure has not been added or removed from the facility for a period of 24 months. Manure facilities shall be closed in a manner that will prevent future contamination of groundwater and surface waters.
NR 151.05(3)(b)
(b) The owner or operator may retain the facility for a longer period of time by demonstrating to the department that all of the following conditions are met:
NR 151.05(3)(b)1.
1. The facility is designed, constructed and maintained in accordance with sub.
(2).
NR 151.05(3)(b)2.
2. The facility is designed to store manure for a period of time longer than 24 months.
NR 151.05(3)(b)3.
3. Retention of the facility is warranted based on anticipated future use.
NR 151.05(4)(a)
(a) Manure storage facilities in existence as of October 1, 2002, that pose an imminent threat to public health, fish and aquatic life, or groundwater shall be upgraded, replaced, or abandoned in accordance with this section.
NR 151.05(4)(b)
(b) Levels of materials in storage facilities may not exceed the margin of safety level.
NR 151.05 Note
Note: Manure storage facilities are sometimes used to store non-agricultural wastes, such as septage or organic food wastes. These facilities may be subject to additional regulatory and cost-sharing requirements.
NR 151.05 History
History: CR 00-027: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 09-112: am. (title), (2) (a), (4), cr. (2) (am)
Register December 2010 No. 660, eff. 1-1-11.
NR 151.055
NR 151.055 Process wastewater handling performance standard. NR 151.055(1)(1)
All livestock producers shall comply with this section.
NR 151.055(2)
(2) There may be no significant discharge of process wastewater to waters of the state.
NR 151.055(3)
(3) The department shall consider all of the following factors when determining whether a discharge of process wastewater is a significant discharge to waters of the state:
NR 151.055(3)(c)
(c) Means of process wastewater conveyance to waters of the state.
NR 151.055(3)(d)
(d) Slope, vegetation, rainfall, and other factors affecting the likelihood or frequency of process wastewater discharge to waters of the state.
NR 151.055(3)(e)
(e) Available evidence of discharge to a surface water of the state or to a direct conduit to groundwater as defined under s.
NR 151.002 (11m).
NR 151.055(3)(f)
(f) Whether the process wastewater discharge is to a site that is defined as a site susceptible to groundwater contamination under s.
NR 151.015 (18).
NR 151.055(3)(g)
(g) Other factors relevant to the impact of the discharge on water quality standards of the receiving water or to groundwater standards.
NR 151.055 Note
Note: Existing technical standards contained in the U.S. department of agriculture natural resources conservation service field office technical guide may be used for managing process wastewater. When such standards are not applicable, the landowner or operator is expected to take reasonable steps to reduce the significance of the discharge in accordance with the agricultural performance standard and prohibition compliance requirements of this chapter. The Wisconsin department of agriculture, trade and consumer protection is responsible under s.
281.16 (3) (c), Stats., for developing additional management practices if needed.
NR 151.055 History
History: CR 09-112: cr.
Register December 2010 No. 660, eff. 1-1-11.
NR 151.06
NR 151.06 Clean water diversion performance standard. NR 151.06(1)(1)
All livestock producers within a water quality management area shall comply with this section.
NR 151.06(2)
(2) Runoff shall be diverted away from contacting feedlot, manure storage areas and barnyard areas within water quality management areas except that a diversion to protect a private well under s.
NR 151.015 (18) (a) is required only when the feedlot, manure storage area or barnyard area is located upslope from the private well.
NR 151.07(1)(1)
All crop producers and livestock producers that apply manure or other nutrients directly or through contract to agricultural fields shall comply with this section.
NR 151.07 Note
Note: Manure management requirements for concentrated animal feeding operations covered under a WPDES permit are contained in ch.
NR 243.
NR 151.07(2)
(2) This performance standard does not apply to the application of industrial waste and byproducts regulated under ch.
NR 214, municipal sludge regulated under ch.
NR 204, and septage regulated under ch.
NR 113, provided the material is not commingled with manure prior to application.
NR 151.07 Note
Note: In accordance with ss.
ATCP 50.04,
50.48 and
50.50, nutrient management planners, Wisconsin certified soil testing laboratories and dealers of commercial fertilizer are advised to make nutrient management recommendations based on the performance standard for nutrient management, s.
NR 151.07, to ensure that their customers comply with this performance standard.
NR 151.07 Note
Note: If an application of material to cropland is regulated under ch.
NR 113,
204, or
214, the management practices, loading limitations, and other restrictions specified in the applicable regulation apply to that application. However, nutrient management plans developed in accordance with this performance standard must account for all nutrient sources, including industrial waste and byproducts, municipal sludge, and septage. This means that the future application of manure and commercial fertilizer may be restricted by this performance standard due to other applications of industrial waste and byproducts, municipal sludge, and septage. In addition, it means that if industrial waste and byproducts, municipal sludge, or septage are placed in a manure storage structure and mixed with manure, the commingled material is also covered by this standard and must be accounted for by the producer when preparing and implementing a nutrient management plan.
NR 151.07(3)
(3) Manure, commercial fertilizer and other nutrients shall be applied in conformance with a nutrient management plan.
NR 151.07(3)(a)
(a) The nutrient management plan shall be designed to limit or reduce
the discharge of nutrients to waters of the state for the purpose of complying with state water quality standards and groundwater standards.
NR 151.07(3)(b)
(b) Nutrient management plans for croplands in watersheds that contain impaired surface waters or in watersheds that contain outstanding or exceptional resource waters shall meet the following criteria:
NR 151.07(3)(b)1.
1. Unless otherwise provided in this paragraph, the plan shall be designed to manage soil nutrient concentrations so as to maintain or reduce delivery of nutrients contributing to the impairment of impaired surface waters and to outstanding or exceptional resource waters.
NR 151.07(3)(b)2.
2. The plan may allow for an increase in soil nutrient concentrations at a site if necessary to meet crop demands.
NR 151.07(3)(b)3.
3. For lands in watersheds containing exceptional or outstanding resource waters, the plan may allow an increase in soil nutrient concentrations if the plan documents that any potential nutrient delivery to the exceptional or outstanding resource waters will not alter the background water quality of the exceptional or outstanding resource waters. For lands in watersheds containing impaired waters, the plan may allow an increase in soil nutrient concentrations if a low risk of delivery of nutrients from the land to the impaired water can be demonstrated.
NR 151.07(3)(c)
(c) In this standard, impaired surface waters are waters identified as impaired pursuant to
33 USC 1313 (d) (1) (A) and
40 CFR 130.7. Outstanding or exceptional resource waters are identified in ch.
NR 102.
NR 151.07(4)
(4) This section is in effect on January 1, 2005 for existing croplands under s.
NR 151.09 (4) that are located within any of the following:
NR 151.07(4)(a)
(a) Watersheds containing outstanding or exceptional resource waters.
NR 151.07 Note
Note: The purpose of the phased implementation of this standard is to allow the department sufficient time to work with the Department of Agriculture, Trade and Consumer Protection and local governmental units to develop and implement an information, education and training program on nutrient management for affected stakeholders.
NR 151.075
NR 151.075 Silurian bedrock performance standards. NR 151.075(1)(1) All crop producers and livestock producers that mechanically apply manure directly or through contract or other agreement to cropland or pasture areas that meet the definition of Silurian bedrock under s.
NR 151.015 (17) must comply with this section.
NR 151.075(2)
(2) Mechanical manure application may not cause the fecal contamination of water in a well.
NR 151.075(3)
(3) Manure may not be mechanically applied on areas of cropland or pastures that have 24 inches or less of separation between the ground surface and apparent water table.
NR 151.075(4)
(4) Manure must be applied in conformance with a nutrient management plan that meets the requirements under all the following:
NR 151.075(4)(b)
(b) The plan must be consistent with NRCS Technical Standard 590, dated December 2015.
NR 151.075(4)(c)
(c) The plan must be designed and implemented consistent with this section to manage manure so as to reduce the risk of pathogen delivery to groundwater and prevent exceedances of groundwater water quality standards.
