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 Note
Note: 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 Note
Note: 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 History
History: CR 05-075: cr.
Register April 2007 No. 616, eff. 7-1-07.
NR 243.07
NR 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 Note
Note: 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 Note
Note: 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 Note
Note: 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 Note
Note: Copies of ASCE Standards may be obtained from the American Society of Civil Engineers online at
http://www.asce.org.
NR 243.07 Note
Note: 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 History
History: 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 243.11
NR 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 Note
Note: 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.
NR 243.11(4)
(4) Additional information. If requested by the department, owners or operators of animal feeding operations indicating that their operation will have 900 animal units or more shall submit additional information to the department regarding how the estimated number of animal units was calculated in accordance with Table 2A and 2B.
NR 243.11 History
History: CR 05-075: cr.
Register April 2007 No. 616, eff. 7-1-07.
NR 243.12
NR 243.12
WPDES permit application requirements. NR 243.12(1)(1)
General. A large CAFO may not discharge pollutants from manure or process wastewater to waters of the state unless the discharge is covered by and in compliance with a WPDES permit. Pursuant to s.
283.37 (2), Stats., a complete application for a WPDES permit shall be filed in accordance with the following requirements:
NR 243.12(1)(a)
(a) Except as provided for in par.
(c), a person who is proposing to own or operate a large CAFO that will store manure or process wastewater in a storage facility constructed at or below grade or that will land apply manure or process wastewater shall file a preliminary application for a WPDES permit at least 12 months prior to the intended date on which the operation will become a large CAFO. The preliminary application for a WPDES permit shall consist of completed forms 3400-25 and 3400-25A. The owner or operator shall then submit a completed final WPDES permit application under sub.
(2) at least 180 days prior to the intended date on which the operation would become a large CAFO. The owner or operator of a proposed large CAFO may not discharge pollutants from manure or process wastewater to waters of the state until one of the following has occurred:
NR 243.12(1)(a)1.
1. The department has issued an individual WPDES permit for the operation.
NR 243.12(1)(b)
(b) An owner or operator of an operation that is defined as a large CAFO as of July 1, 2007, that is not already covered by a WPDES permit or that has not already submitted a WPDES permit application, shall submit a complete permit application to the department by no later than July 31, 2007.
NR 243.12(1)(c)
(c) An owner or operator of an animal feeding operation with 999 animal units or less that becomes a large CAFO as a result of the purchase of another animal feeding operation shall apply for a WPDES permit no later than 90 days from the date of the purchase.
NR 243.12 Note
Note: Owners or operators of an operation that has chickens or ducks with a non-liquid manure handling system, heifers, ducks or veal calves may become a CAFO for the first time due to the rule changes that became effective on July 1, 2007. Consequently, the department advises owners or operators to re-calculate the total number of animal units using the numbers in s.
NR 243.05 and Table 2B to determine whether the operation has 1000 animal units or more and is required to obtain permit coverage.
NR 243.12(1)(d)
(d) An owner or operator of a large CAFO that already holds a WPDES permit shall reapply at least 180 days prior to the expiration date of its current WPDES permit, unless all of the following apply:
NR 243.12(1)(d)2.
2. The permittee has demonstrated to the department that there is no remaining potential for a discharge of manure or process wastewater pollutants to waters of the state that was generated while the operation was a CAFO.
NR 243.12(1)(d)3.
3. The permittee submits a letter to the department documenting that subds.
1. and
2. have been satisfied.
NR 243.12 Note
Note: Due to the extent of water resources in the state, it is the department's position that if the manure or process wastewater from a CAFO is land applied to sites in Wisconsin, pollutants from the manure or process wastewater will reach waters of the state either via leaching to groundwater or surface runoff. Also, it is the department's position that storage facilities constructed at or below grade will have some pollutant discharges to groundwater. Therefore, all large CAFOs must apply for a WPDES permit.
NR 243.12(2)(a)(a) For a person applying for a first time permit issuance, a complete final permit application shall consist of the following:
NR 243.12(2)(a)1.
1. The location of the existing or proposed site on maps including aerial photographs and soil survey maps.
NR 243.12(2)(a)2.
2. A scaled drawing of existing and proposed animal housing, feed storage structures and other raw materials storage areas. The production area shall be clearly delineated as well as ancillary service and storage areas. Existing features shall be clearly delineated from proposed features.
NR 243.12(2)(a)3.
3. A description and scaled drawing of existing and proposed manure storage or composting facilities, process wastewater storage or treatment facilities and other treatment systems. Plans and specifications for new manure storage or composting facilities and process wastewater facilities or proposed modifications to existing storage, composting or treatment facilities or systems shall be submitted. Upon approval by the department, plans and specifications for proposed storage, composting or treatment facilities may be submitted during the term of the permit if construction of the facilities will begin during the term of the permit. In addition, evaluations of existing storage, composting or treatment facilities or systems not previously reviewed and approved by the department shall be submitted.
NR 243.12 Note
Note: Stormwater construction site permit procedures and requirements outlined in ch.
NR 216 may apply to construction activities.
NR 243.12(2)(a)4.
4. A description and scaled drawing of existing and proposed runoff control systems, groundwater monitoring systems, water supply wells, permanent spray irrigation systems or other landspreading or treatment systems. Plans and specifications for new systems or proposed modifications to existing systems shall be submitted. Upon approval by the department, plans and specifications for proposed systems may be submitted during the term of the permit if construction of these facilities is planned to begin during the term of the permit. In addition, evaluations of existing systems not previously reviewed and approved by the department shall be submitted.
NR 243.12 Note
Note: Department approval to submit plans and specifications for proposed systems and evaluations of existing systems during the term of the permit does not delay compliance with the requirements in s.
NR 243.13.
NR 243.12(2)(a)5.
5. A description and scaled drawing of any existing and proposed ancillary service and storage areas and outside animal lots, including a map showing the area's size and location, the number of animals to be using the area, projected number of days in use, and type and percent of vegetative cover to be maintained.
NR 243.12(2)(a)6.
6. A complete nutrient management plan that meets the requirements of s.
NR 243.14. The plan shall be based on the volume of manure that will be generated by the operation from 1,000 animal units or the number of animal units that are expected to be at the operation by the end of the first year of permit coverage, whichever is greater. The permittee shall specify the expected number of animal units at the operation for the first year of the permit and during the permit term. The plan shall include all of the following information:
NR 243.12(2)(a)6.a.
a. A narrative overview of the operation's nutrient management plan including a general description of anticipated amounts and types of manure and process wastewater produced on an annual basis, amount of manure and process wastewater to be land applied, anticipated frequency of land application for manure and process wastewater, methods of land application, and other methods of use, disposal, distribution or treatment.
NR 243.12(2)(a)6.b.
b. Additional information the department requests for the purpose of identifying possible water quality impacts associated with an operation's land application activities.
NR 243.12(2)(a)7.
7. Any other information requested by the department that is necessary to comply with the requirements of ch.
NR 150.
NR 243.12 Note
Note: The department has developed an environmental analysis questionnaire identifying most of the information needed to comply with ch.
NR 150 that is included as part of a large CAFO's application package for first time issuances.
NR 243.12(2)(b)
(b) For operations submitting a reissuance application, a complete reissuance application shall consist of the following:
NR 243.12(2)(b)1.
1. Information on changes to the operation that have occurred during the current permit term and changes that are anticipated during the upcoming permit term, including changes that are necessary to comply with this chapter.
NR 243.12(2)(b)2.
2. The location of the existing site and proposed modifications to the site on maps such as aerial photographs and soil survey maps.
NR 243.12(2)(b)3.
3. Scaled drawing and descriptions of existing and proposed animal housing, manure storage, composting and treatment facilities, process wastewater storage or treatment facilities or systems, runoff control structures or systems, feed storage structures, groundwater monitoring systems, water supply wells, ancillary and service storage areas, loafing and outside lot areas and feed storage structures. Existing features shall be clearly delineated from proposed features.
NR 243.12(2)(b)4.
4. An updated nutrient management plan reflecting changes that have occurred at the operation since the previous permit issuance or reissuance and that incorporates the requirements in this chapter.
NR 243.12(2)(b)5.
5. A description of permanent spray irrigation systems and any other landspreading or treatment systems.
NR 243.12(2)(b)6.
6. Any other information requested by the department that is necessary to comply with the requirements of ch.
NR 150.
NR 243.12(3)
(3) Application forms. Final permit and reissuance application information shall be submitted along with completed forms 3400-25 and 3400-25A. The department shall take action on a complete application pursuant to s.
NR 200.10.
NR 243.12 Note
Note: Applications and forms 3400-25 and 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 243.12 History
History: CR 05-075: cr.
Register April 2007 No. 616, eff. 7-1-07.
NR 243.121(1)(a)(a) The department may issue a WPDES general permit to cover a category or group of CAFOs where the department has determined that the operations will not be covered by an individual permit issued pursuant to s.
283.37 (2), Stats.
NR 243.121(1)(b)
(b) For purposes of this section, a category or group of CAFOs may be defined by size of operation, type of livestock or species, geographic or watershed area, method of managing manure or any other feature or attribute that the department determines is appropriate for defining a category of coverage.
NR 243.121(2)
(2) General permit application requirements. An owner or operator seeking coverage under a general permit shall submit an application to the department in accordance with s.
NR 243.12 and shall include information documenting that the operation qualifies for the general permit based on the eligibility criteria specified in the general permit.
