Register March 2019 No. 759
Chapter NR 243
ANIMAL FEEDING OPERATIONS
Subchapter I — General
NR 243.04 Rainfall events.
NR 243.05 Calculating animal units.
NR 243.07 Incorporation by reference.
Subchapter II — Requirements for Large Concentrated Animal Feeding Operations
NR 243.11 Large concentrated feeding operations.
NR 243.12 WPDES permit application requirements.
NR 243.121 General permit coverage.
NR 243.13 Standard WDPES permit requirements for large CAFOs.
NR 243.14 Nutrient management.
NR 243.141 Manure stacking.
NR 243.142 Responsibility for large CAFO manure and process wastewater.
NR 243.143 Silurian bedrock performance standards.
NR 243.15 Design, submittal and approval of proposed facilities or systems.
NR 243.16 Evaluations of previously constructed facilities or systems.
NR 243.17 Operation and maintenance.
NR 243.18 Combined wastes.
NR 243.19 Inspections, record keeping and reporting.
Subchapter III — Other Animal Feeding Operations
NR 243.23 General requirements for animal feeding operations.
NR 243.24 Department discharge determination and NODs.
NR 243.25 NOD enforcement.
NR 243.26 WPDES permits for medium and small CAFOs.
Subchapter IV — CAFO Enforcement
Ch. NR 243 Note
Note: Ch. NR 243 as it existed on June 30, 2007 was repealed and a new Ch. NR 243 was created,
Register April 2007 No. 616, eff. 7-1-07.
NR 243.01(1)(1)
The purpose of this chapter is to implement design standards and accepted management practices and to establish permit requirements and the basis for issuing permits to CAFOs. This chapter also establishes the criteria under which the department may issue a notice of discharge or a permit to other animal feeding operations that discharge pollutants to waters of the state or fail to comply with applicable performance standards and prohibitions in ch.
NR 151. For other animal feeding operations, it is the intent of the department that a permit would be issued only when it can be demonstrated that an operation has a discharge of pollutants to waters of the state. The authority for promulgation of this chapter is in chs.
281 and
283, Stats.
NR 243.01(2)
(2) The department recognizes the unique nature of the state's agricultural industry and the industry's declared interest in protecting and preserving the state's natural resources. The department also recognizes the benefit of manure applied to land for its fertilizer and soil conditioning value, and encourages the management and use of these materials in such a manner. Only those animal feeding operations that improperly manage their wastes and as a result cause groundwater or surface water pollution or that fail to comply with applicable performance standards and prohibitions or those operations that are CAFOs will be regulated under this chapter. It is not the intent of the department to require that all animal feeding operations obtain a permit.
NR 243.01 History
History: CR 05-075: cr.
Register April 2007 No. 616, eff. 7-1-07.
NR 243.02
NR 243.02
Applicability. The provisions of this chapter are applicable to large CAFOs and other animal feeding operations that discharge pollutants to waters of the state as determined under subch.
III.
NR 243.02 History
History: CR 05-075: cr.
Register April 2007 No. 616, eff. 7-1-07.
NR 243.03
NR 243.03
Definitions. The following definitions are applicable to terms used in this chapter. Definitions of other terms and meanings of abbreviations are in ch.
NR 205.
NR 243.03(1)
(1) “Accepted management practices" means practices, techniques or measures through which runoff, manure, milking center waste, leachate and other waste streams associated with an animal feeding operation are handled, stored, utilized or otherwise controlled in a manner that is intended to achieve compliance with livestock performance standards and prohibitions established in ch.
NR 151 and water quality objectives established under chs.
281 and
283, Stats. These practices, techniques or measures are established in this chapter as well as ch.
NR 154 and ch.
ATCP 50 and may include additional practices and procedures as approved by the department on a case-by-case basis.
NR 243.03(2)
(2) “Agricultural storm water discharge" means:
NR 243.03(2)(a)
(a) For unpermitted animal feeding operations with 300 to 999 animal units, a precipitation-related discharge of manure or process wastewater pollutants to surface waters from a land application area that may occur after the owner or operator of the animal feeding operation has land applied manure or process wastewater in compliance with a nutrient management plan that meets the nutrient management requirements of this chapter; and
NR 243.03(2)(b)
(b) For permitted CAFOs, a precipitation related discharge of manure or process wastewater pollutants to surface waters from a land application area that may occur after the owner or operator of the CAFO has land applied the manure or process wastewater in compliance with the nutrient management requirements of this chapter and the terms and conditions of its WPDES permit.
NR 243.03 Note
Note: The definition of agricultural storm water discharge does not include discharges of manure or process wastewater pollutants to surface waters from land application activities by an unpermitted small animal feeding operation, because these land application discharges to surface waters by a small operation are not a basis for requiring WPDES permit coverage. See s.
NR 243.26 (2) (c).
NR 243.03(3)
(3) “Ancillary service and storage areas" means areas that are adjacent to the production area, but are not used for handling or managing livestock, livestock products, mortalities, manure, process wastewater or raw materials. These ancillary areas include areas such as access roads, shipping and receiving areas, pesticide and herbicide storage, oil or fuel storage, raw material handling equipment maintenance, crop equipment or vehicle storage and maintenance areas and refuse piles.
NR 243.03(4)
(4) “Animal feeding operation" means a lot or facility, other than a pasture or grazing area, where animals have been, are or will be stabled or confined, and will be fed or maintained for a total of 45 days or more in any 12-month period. Two or more animal feeding operations under common ownership or common management are a single operation if at least one of the following is true:
NR 243.03(4)(b)
(b) The operations utilize common systems for the landspreading of manure or other wastes, including a nutrient management plan or landspreading acreage.
NR 243.03 Note
Note: While it is not the sole factor used to determine whether operations have a common system for landspreading, use of common land application equipment is one of the factors the department considers when determining if operations have a common system for landspreading.
NR 243.03(4)(c)
(c) Manure, barnyard runoff or other wastes are commingled in a common storage facility prior to landspreading.
NR 243.03(5)
(5) “Animal unit" means a unit of measure used to determine the total number of single animal types or combination of animal types, as specified in s.
NR 243.11, that are at an animal feeding operation.
NR 243.03(6)
(6) “Applicant" means an owner or operator of a proposed or existing CAFO that is applying for a WPDES permit.
NR 243.03(7)
(7) “Areas of channelized flow" means channels or depressions that concentrate flow and are either:
NR 243.03(7)(a)
(a) Man-made by a means other than typical field cultivation practices.
NR 243.03(7)(b)
(b) A natural channel or depression that cannot be removed or rerouted using typical field cultivation practices or that form on a recurring basis in the same area.
NR 243.03(8)
(8) “ASTM" means the American society for testing and materials.
NR 243.03(9)
(9) “Combined animal units" means any combination of animal types calculated by adding the number of single animal types as multiplied by the equivalency factors as specified in s.
NR 243.11.
NR 243.03(12)
(12) “Concentrated animal feeding operation" or “CAFO" means an animal feeding operation to which any of the following apply:
NR 243.03(12)(a)
(a) The operation has 1,000 animal units or more at any time and stores manure or process wastewater in a below or at grade level storage structure or land applies manure or process wastewater.
NR 243.03(12)(c)
(c) Under s.
NR 243.26 (2), the operation is designated by the department as having a significant discharge of pollutants to navigable waters or has caused the fecal contamination of water in a well.
NR 243.03(13)
(13) “CAFO outdoor vegetated area" means an area that is part of the ancillary service and storage area that consists of a large open outdoor vegetated area of land used by CAFO animals that is owned or operated by a CAFO and is adjacent or connected to, but not part of, the production area.
NR 243.03(14)
(14) “Conduit to a navigable water" means a natural or man-made area or structure that discharges to a navigable water via channelized flow. This includes open tile line intake structures, open vent pipes, sinkholes, agricultural well heads, drainage ditches that discharge to navigable waters and grassed waterways that drain directly to a navigable water.
NR 243.03 Note
Note: Conduits to navigable waters do not include the components of a subsurface drainage system that are not present at the soil surface.
NR 243.03(15)
(15) “Contaminated runoff" means that portion of manure, process wastewater, leachate or other wastes or raw materials mixed with precipitation from animal feeding operations that transports pollutants such as organic matter, suspended solids or nutrients.
NR 243.03(16)
(16) “Corrective measures" means accepted management practices or technical standards specified in ch.
NR 154 or
ATCP 50 designed to address an unacceptable practice or other practices determined by the department to be necessary to protect water quality.
NR 243.03(17)
(17) “DATCP" means the Wisconsin department of agriculture, trade and consumer protection.
NR 243.03(18)
(18) “Department" means the Wisconsin department of natural resources.
NR 243.03(19)
(19) “Designed structures" means groundwater monitoring systems, runoff control structures, permanent spray irrigation or other land application systems, manure, raw materials and waste storage facilities or other manure or waste transfer or treatment systems.
NR 243.03(20)
(20) “Direct conduits to groundwater" mean wells, sinkholes, swallets, fractured bedrock at the surface, mine shafts, non-metallic mines, tile inlets discharging to groundwater quarries, or depressional groundwater recharge areas over shallow fractured bedrock.
NR 243.03(21)
(21) “Diversion" means a structure built to divert sheet flow or part or all of the water from an existing waterway into a different channel or area.
NR 243.03(23)
(23) “Existing source CAFO" means an operation that is covered by a WPDES permit as of July 1, 2007, and any other permitted operation that is not a new source CAFO.
NR 243.03 Note
Note: Existing source CAFOs include CAFOs that are permitted as of July 1, 2007, and animal feeding operations in existence on a site prior to April 14, 2003 that add animals and later apply for a WPDES permit.
NR 243.03(24)
(24) “Frozen ground" means soil that is frozen anywhere between the first
½" and 8" of soil as measured from the ground surface.
NR 243.03 Note
Note: Under the definition of frozen ground, soil that is that frozen to a depth of ½" or less as measured from the ground surface is not considered frozen ground.
NR 243.03(26)
(26) “Grassed waterway" means a natural or constructed waterway or outlet shaped or graded and established in suitable vegetation as needed for the conveyance of runoff from a field, diversion or other structure.
NR 243.03(27)
(27) “Hydrologic soil group" means a group of soils having similar runoff potential under similar storm and cover conditions.
