NR 243.03(59)(59) “Small CAFO” means an animal feeding operation with less than 300 animal units that is designated by the department as a CAFO under s. NR 243.26 (2). NR 243.03(60)(60) “Snow covered ground” means areas of a field covered with any amount of snow. NR 243.03(61)(61) “Source water protection area” means an area delineated by the department for a public water system or including numerous public water systems, whether the source is ground water or surface water or both, as part of the state source water assessment program approved by the U.S. environmental protection agency under 42 USC 300j-13. NR 243.03(62)(62) “Spray irrigation” means the application of liquid manure or process wastewater to cropland using equipment that discharges manure into the air via a single nozzle or multiple nozzles or hoses and disperses the manure over distances greater than could be achieved using typical moving vehicle or manure hauling equipment. NR 243.03(63)(63) “Storage facility” means an excavated or diked pond, walled structure or platform designed for containment of manure. NR 243.03(64)(64) “Sufficient vegetative cover” means that crop residue or vegetation is present over an entire area in an amount and density of stand that slows the movement of and limits contaminated runoff and soil erosion. NR 243.03(65)(65) “Surface applied manure” means manure applied to the ground surface by moving vehicles that is not incorporated or injected. NR 243.03(66)(66) “Surface water quality management areas” or “SWQMA” means all of the following: NR 243.03(66)(a)(a) The area within 1,000 feet from the ordinary high water mark of navigable waters that consist of a lake, pond or flowage. NR 243.03(66)(b)(b) The area within 1,000 feet from the high water mark of navigable waters that consist of a glacial pothole lake. NR 243.03(66)(c)(c) The area within 300 feet from the ordinary high water mark of navigable waters that consist of a river or stream or other non-lake navigable waters. NR 243.03(67)(67) “Swallet” means a sinkhole or rock hole that intercepts a stream, diverting all or a portion of it to groundwater. NR 243.03(69)(69) “Tolerable soil loss” or “T” means the maximum rate of soil erosion, in tons per acre per year, allowable for particular soils and site conditions that will maintain soil productivity. NR 243.03 NoteNote: Soil loss will be calculated according to the revised universal soil loss equation II as referenced in ch. ATCP 50 or, potentially, SNAP-Plus software currently being developed by UW-Extension. NR 243.03(70)(70) “25-year, 24-hour rainfall event” means a rainfall event measured in terms of the depth of rainfall occurring within a 24-hour period and having an expected recurrence interval of once in 25 years as identified in Table 1. NR 243.03(71)(71) “Unacceptable practice” means a practice that causes or has caused the discharge of pollutants to waters of the state or that results in an operation’s failure to comply with livestock performance standards and prohibitions outlined in ch. NR 151. NR 243.03(72)(72) “Wastewater treatment strip” means a constructed strip or area of vegetation for reducing sediment, organic matter and other pollutants. NR 243.03(75)(75) “Wetland” means areas delineated on a hydric soils map that are dominated by hydrophytic vegetation. Wetlands do not include prior converted or farmed wetlands. NR 243.03(77)(77) “Wet soil” means soil that is not saturated but has a moisture content that limits its ability to absorb significant amounts of additional liquid. NR 243.03(78)(78) “Winter acute loss index value” means the value calculated using the phosphorus index that identifies the relative level of risk for acute losses of manure and process wastewater pollutants associated with surface applications during frozen or snow-covered conditions. NR 243.03(79)(79) “WPDES” means the Wisconsin pollutant discharge elimination system established under ch. 283, Stats. NR 243.03 HistoryHistory: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07. NR 243.04NR 243.04 Rainfall events. The design rainfall amount and probable intensity of 25-year, 24-hour and 100-year, 24-hour rainfall events for locations in Wisconsin shall be determined from the data in Table 1, or for a particular location, the determination may be made on the basis of more recent rainfall probability data verified by a government agency and approved by the department for this purpose. NR 243.04 HistoryHistory: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07. NR 243.05(1)(1) General. The total number of animal units at an operation shall be calculated using the methods in both subs. (2) and (3). The department shall compare the totals under both of these methods and shall use the highest calculated total to determine the size of an animal feeding operation. An owner or operator of an animal feeding operation shall use form 3400-25A for calculating the number of animal units present at the operation. NR 243.05 NoteNote: In accordance with the definition in s. NR 243.03(4), animals included in the total count may be housed at more than one site or location. NR 243.05 NoteNote: Form 3400-25A can be obtained at regional offices of the department or the department’s Bureau of Watershed Management, 101 S. Webster St., P.O. Box 7921, Madison, Wisconsin 53707.
NR 243.05(2)(2) Combined animal units. The number of animal units present at an operation shall be calculated by multiplying the number of animals for each animal type by the appropriate equivalency factor in Table 2A. The total number of animal units at the operation is the sum of the calculated animal unit numbers of all animal types present at the operation. NR 243.05 NoteNote: Under the combined animal unit calculation, an operation with 400 animal units of milking cows, 300 animal units of heifers and 200 animal units of swine would have a total of 1000 animal units present.
NR 243.05(3)(3) Individual animal units. The number of animal units present at an operation shall be calculated by multiplying the number of animals for each animal type by the appropriate equivalency factor in Table 2B. The total number of animal units at an operation is the highest calculated number of animal units for any individual animal type. NR 243.05 NoteNote: Under the individual animal unit calculation, an operation with 400 animal units of milking cows, 300 animal units of heifers and 200 animal units of swine would have 400 animal units present.
NR 243.05(4)(4) Other animal types. For animal types not listed in Table 2A, the department shall base equivalency to animal units on live animal weights, the characteristics of the manure, including nutrient content or pollutant concentration, or a combination of both. In cases based strictly on live weight, 1,000 pounds of live weight is equivalent to one animal unit. NR 243.05 HistoryHistory: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07. NR 243.06(1)(1) A permittee may request a waiver or variance to a requirement of this chapter. Subject to sub. (2), the department may approve a variance from a requirement in this chapter when special circumstances show that a variance is needed and the approval of the variance will not negatively impact or threaten the environment or public health. A request for a variance shall be submitted in writing and shall specify the requirement in this chapter from which a variance is requested and the reasons a variance is needed. The department shall approve or deny the variance within 30 days after the request is submitted. NR 243.06(2)(2) The department may not grant a waiver or variance to a federal statutory or regulatory requirement or to a state statutory requirement. NR 243.06 NoteNote: If a permittee seeks approval of a variance to a requirement from this chapter that is specified in a WPDES permit, the permit must be modified to include the approved variance. Consequently, permittees should consider submitting any variance requests as part of the permit application process, so if approved, the variance can be incorporated into the permit.
NR 243.06 NoteNote: An animal feeding operation may participate in the Environmental Results Program (also known as the Green Tier Program) pursuant to s. 299.83, Stats. For more information on this innovative program that provides regulatory flexibility and superior environmental results, please contact the department at 608-267-3125. NR 243.06 HistoryHistory: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07. NR 243.07NR 243.07 Incorporation by reference. NR 243.07(1)(1) Code of federal regulations. 40 CFR 412.22 in effect as of July 1, 2007, is incorporated by reference for this chapter. This federal regulation references 40 CFR 125.30 through 125.32 and these federal regulations are also incorporated by reference for this chapter. Copies of these regulations are available for inspection at the offices of the department and the legislative reference bureau, Madison, Wisconsin. NR 243.07 NoteNote: Copies of these materials may be also be viewed online at www.gpo.gov, or may be purchased for personal use from: Superintendent of Documents, U.S. Government Printing Office, PO Box 371954, Pittsburgh, PA 15250-7954, phone: (202) 783-3238. NR 243.07(2)(2) Other materials. The materials listed in this section are incorporated by reference for this chapter. Some of the technical standards include secondary materials which are also incorporated by reference for this chapter. Copies of these materials are available for inspection at the offices of the department and the legislative reference bureau, Madison, Wisconsin. The materials incorporated by reference include: NR 243.07(2)(a)(a) NRCS Standard 313, dated December 2005. NRCS Standard 313, dated December 2005, includes all of the following materials: NR 243.07(2)(a)1.1. NRCS Agricultural Waste Management Field Handbook, Part 651, chs. 9 and 10, 1992. NR 243.07(2)(a)7.7. American Concrete Institute 318, Building Code Requirements for Reinforced Concrete, in effect as of July 1, 2007. NR 243.07(2)(f)(f) NRCS Standard 634, dated December 2005. NRCS Standard 634, dated December 2005, includes all of the following materials: NR 243.07(2)(f)1.1. NRCS Construction Specification 15, Plastic Pipe Conduits, dated January 2006. NR 243.07(2)(g)(g) NRCS Standard 635, dated January 2002. NRCS Standard 635, dated January 2002, includes all of the following materials: NR 243.07 NoteNote: Copies of NRCS technical standards may be inspected at offices of the department, DATCP, NRCS (http://www.wi.nrcs.usda.gov), county land conservation departments and legislative reference bureau, Madison, Wisconsin. NR 243.07 NoteNote: Copies of ASTM Standards may be obtained online at www.astm.org or at the corresponding address: American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. NR 243.07 NoteNote: Copies of ASCE Standards may be obtained from the American Society of Civil Engineers online at http://www.asce.org. NR 243.07 NoteNote: Copies of ASAE Standards may be obtained from the American Society of Agricultural and Biological Engineers online at http://www.asabe.org. NR 243.07 HistoryHistory: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07; corrections in (1) and (2) (intro.) made under s. 13.92 (4) (b) 6., Stats., Register April 2013 No. 688. NR 243.11NR 243.11 Large concentrated feeding operations. NR 243.11(1)(1) Applicability. The provisions of this subchapter are applicable to existing large CAFOs, proposed expansions of existing animal feeding operations that will become large CAFOs and newly proposed large CAFOs. NR 243.11 NoteNote: Owners or operators of animal feeding operations are responsible for obtaining all necessary state and local permits and approvals in addition to those outlined in this subchapter.
NR 243.11(2)(2) Calculation of animal units. The determination as to whether an existing, proposed or expanded operation meets the criteria of a large CAFO shall be based on the total number of animal units at the animal feeding operation calculated pursuant to s. NR 243.05. Based on the provisions of this subchapter and information provided as part of an operation’s application for a WPDES permit, as required in s. NR 243.12, the department shall determine whether a WPDES permit is required for an operation. NR 243.11(3)(a)(a) Except as provided in par. (b), any person owning or operating a large CAFO that stores manure or process wastewater in a structure that is at or below grade or that land applies manure or process wastewater shall have a WPDES permit. A discharge of pollutants from manure or process wastewater to waters of the state by an unpermitted animal feeding operation with 1,000 animal units or more is prohibited. A pasture or grazing area may operate without WPDES permit coverage. NR 243.11(3)(b)(b) If a person owns or operates an animal feeding operation with 999 animal units or less, and that person expands its operation to 1000 animal units or more due to the purchase of another animal feeding operation, that person has 90 days from the date of the purchase to apply for a WPDES permit.
