A technical analysis, calculations and other relevant information that demonstrates that the discharge of pollutants, on a mass basis, associated with the alternative limitation will be equal to or less than the mass loading of pollutants associated with achieving the standard limitations in par. (a)
A calculation of daily inputs to the storage systems and all daily outputs from the storage systems, including losses due to evaporation, sludge removal, and off-site transport of manure and wastewater.
A calculation determining the median annual overflow volume based on a 25-year period of actual rainfall data applicable to the site.
Representative samples and analysis of all sources of input into the storage systems for nitrogen, phosphorus, BOD5
and total suspended solids, or other applicable pollutant data.
Predicted annual average discharge of pollutants, expressed, where appropriate, as a mass discharge on a daily basis in pounds per day, and calculated considering the information in this subd. 1. b.
The department may approve an alternative limitation if the alternative limitation is based on site specific alternative technologies that will achieve a quantity of pollutants discharged from the production area that is equal to or less than the quantity of pollutants that would be discharged if the production area was designed, constructed, operated and maintained in compliance with the standard limitation in par. (a)
. If approved, the alternative limit shall be included in the proposed WPDES permit.
A large CAFO that primarily confines ducks, was in existence as of 1974 and has not completely replaced all of its production or processing equipment after 1974, may have a discharge of pollutants from the production area to navigable waters that meets the limits in 40 CFR 412.22
provided the discharge will not exceed water quality standards. 40 CFR 412.22
is incorporated by reference in s. NR 243.07
. The department shall impose best management practices or effluent limitations on the discharge to address other pollutants associated with manure or process wastewater or to meet surface water or groundwater quality standards. If the permittee chooses this option, the permittee shall monitor pollutants in all runoff from the production area to demonstrate compliance with effluent limitations.
NR 243.13 Note
Copies of 40 CFR 412.22
and the other federal regulations referenced in 40 CFR 412.22
are available for inspection at the office of the department, Madison, Wisconsin and U.S. EPA offices.
(3) Swine, poultry other than ducks and veal calves. NR 243.13(3)(a)(a)
Except as provided in par. (b)
, a large CAFO that is an existing source CAFO that confines mostly swine, poultry other than ducks or veal calves shall comply with the requirements in sub. (2)
NR 243.13 Note
Note: All existing source dairy, cattle, swine, poultry other than ducks, and veal operations, are subject to the same discharge limitations related to the 25-year, 24-hour storm event as well as the same allowances for alternative discharge limitations. New source swine, poultry other than ducks, and veal calves have more restrictive discharge limitations and additional criteria for receiving alternative discharge limitations.
A large CAFO that is a new source CAFO and that confines mostly swine, poultry other than ducks or veal calves may not discharge manure or process wastewater pollutants into navigable waters from the production area except as provided in par. (c)
. Storage and containment facilities and structures shall be designed, constructed, operated and maintained to contain all manure and process wastewater, including runoff and the direct precipitation from a 100-year, 24-hour rainfall event, and the production area shall be operated in accordance with the inspection, maintenance and recordkeeping requirements in s. NR 243.19
For swine, poultry other than ducks or veal calf operations that are new source CAFOs, the department may establish an alternative discharge limitation to the applicable standard limitation established in par. (b)
if an owner or operator of the large CAFO requests an alternative limitation. When requesting an alternative limitation under this paragraph, the applicant shall submit all of the following additional information as part of the application for WPDES permit issuance:
Calculations that demonstrate that the quantity of pollutants discharged from the production area will be offset by additional best management practices that achieve an equivalent or greater reduction in the quantity of pollutants released to other media, including water and air, from the production area or land application areas. The calculations shall be made on a mass basis, where appropriate.
Any other specific information requested by the department that is needed by the department to make a determination pursuant to this paragraph.
If approved by the department, the alternative limitation shall be established in the WPDES permit and shall be based on site specific innovative technologies that will achieve an overall environmental performance across all media that is equal to, or superior to, the reductions achieved by the standard as provided in par. (b)
This subsection applies to large CAFOs that confine mostly horses or sheep. All large CAFOs that confine mostly horses or sheep may not discharge process wastewater pollutants into navigable waters from the production area except if both of the following are met:
A rainfall event causes an overflow of process wastewater from a facility or structure designed, constructed, operated and maintained to contain all process wastewater generated including the runoff from a 25-year, 24-hour rainfall event.
In a WPDES permit, the department may impose additional requirements or best management practices, or other restrictions for production area discharges of manure or process wastewater to meet surface water quality or groundwater standards.
If a discharge of manure or process wastewater pollutants to waters of the state occurs, including a discharge allowed under subs. (2)
, the discharge shall comply with groundwater and surface water quality standards.
The permittee may not allow livestock to come into direct contact with navigable waters in the production area.
Within 30 days of permit issuance or reissuance, a permittee shall develop an emergency response plan, or update an existing plan if necessary, that is designed to address unauthorized spills or discharges. For purposes of this subsection, unauthorized spills or discharges include catastrophic spills resulting from failures of containment or storage structures or equipment malfunctions, leakage from pumping systems and other events creating potential environmental damage. The emergency response plan shall be maintained at the production area in a place accessible to all employees. The permittee shall notify all employees involved with manure handling of the location and contents of the emergency response plan. Relevant portions of the plan shall be retained with land application equipment and with contracted land applicators. The plan shall be implemented whenever an unauthorized spill or discharge occurs. The plan shall be made available to the department upon request.
NR 243.13 Note
Pursuant to s. 292.11
, Stats., owners or operators of CAFOs are required to report spills of hazardous substances. Under s. 292.11
, Stats., manure can be considered a hazardous substance.
The emergency response plan shall include all of the following information:
The names and telephone numbers of persons who are identified by the permittee as responsible for implementing the emergency response plan.
Areas of the production area where potential unauthorized spills or discharges can occur, and their accompanying surface and subsurface drainage points.
Procedures to be followed in the event of an unauthorized spill or discharge, including the following:
Identification of contractors, equipment, equipment technical support, clean-up materials and alternative manure storage that can be used in the event of an unauthorized discharge.
Identification of land application sites or alternative storage facilities that can be used in the event of an unauthorized discharge during precipitation events or when soils are saturated, frozen or snow covered. Those land application sites identified shall have the lowest potential to deliver pollutants to waters of the state out of all the land application sites available to the permittee.
Procedures for reporting the unauthorized discharge to the permittee's main operational contact, any applicable local emergency or health authorities, and the department in accordance with permit requirements and s. 292.11
The emergency response plan shall be reviewed and, if appropriate or necessary, amended whenever the operation undergoes significant expansions or other changes that affect the volume or location of potential unauthorized spills or discharges. The plan shall be amended as needed to reflect changes in available equipment, available clean-up contractors or procedures to address unauthorized spills or discharges, or amended in accordance with comments provided by the department. Dates of plan amendments shall be retained with the plan at the production area.
(7) Ancillary service and storage areas.
In accordance with the terms and conditions of the WPDES permit, a permittee may discharge contaminated storm water to waters of the state from ancillary service and storage areas provided the discharges of contaminated stormwater comply with groundwater and surface water quality standards. These areas include CAFO outdoor vegetated areas, access roads, sites used for the handling or storage of material or refuse other than manure, bedding, feed or process wastewater, areas for storage or maintenance of material handling equipment, areas for shipping and receiving, and other sources of contamination that are not identified as part of the production area. These areas do not include land application areas. The permittee shall take preventive maintenance actions and conduct periodic visual inspections to minimize the discharge of pollutants from these areas to surface waters. For CAFO outdoor vegetated areas, the permittee shall also implement the following practices:
Manage stocking densities, implement management systems and manage feed sources to ensure that sufficient vegetative cover is maintained over the entire area at all times.
Prohibit direct access of livestock or poultry to surface waters or wetlands located in or adjacent to the area unless approved by the department.
Comply with other measures specified in the permit to prevent exceedances of groundwater and surface water quality standards.
NR 243.13 Note
Examples of ancillary service and storage areas include access roads into the production area, pesticide storage, motor oil and fuel drums, equipment repair areas, and junk or scrap piles. These areas do not include land application areas or areas that are part of the production area. Contaminated stormwater discharges from construction site areas are subject to the WPDES permit requirements under ch. NR 216
Animal carcasses may not be disposed of in a manner that results in a discharge of pollutants to surface waters, violates groundwater standards or impairs wetland functional values. Animal carcasses may not be disposed of directly into waters of the state. In addition, carcasses may not be disposed of in liquid manure or process wastewater containment, storage or treatment facilities unless the containment, storage or treatment facility is adequately designed to contain and treat carcasses and the facility has been approved by the department for that use.
The permittee shall maintain records of mortality management and disposal methods in accordance with s. NR 243.19
NR 243.13 Note
The permittee should be aware that there are additional restrictions on the disposal of animal carcasses in ch. 95
, Stats., and ch. ATCP 3
. Furthermore, there may be local regulations regarding disposal of carcasses. If a carcass is disposed of off-site, the disposal may be subject to the requirements in s. NR 502.12
or ch. NR 518
NR 243.13 Note
In accordance with s. 283.53
, Stats., the term of a WPDES permit cannot exceed 5 years.
NR 243.13 History
History: CR 05-075
: cr. Register April 2007 No. 616
, eff. 7-1-07.
Permittees shall submit a nutrient management plan developed by a nutrient management planner qualified under s. ATCP 50.48
to the department for review and approval outlining the amounts, timing, locations, methods and other aspects regarding the land application of manure and process wastewater. A complete nutrient management plan shall be submitted with a permit application in accordance with s. NR 243.12
. The nutrient management plan shall comply with the requirements of this section and the permittee's WPDES permit. Subject to additional requirements specified in this section and in a WPDES permit, the land application practices identified in the nutrient management plan shall, at a minimum, conform with the nutrient budgeting, soil test recommendations, application practices and restrictions contained in NRCS Standard 590.
The permittee's nutrient management plan shall contain information necessary to document how the operation's land application activities will comply with the restrictions in NRCS Standard 590, this chapter and the conditions of the operation's WPDES permit. In cases where there is limited acreage available for application, the department may require that the permittee submit additional or more specific information, including verification that the permittee has permission to land apply manure on fields not owned by the permittee. The department may require additional management practices be included in the nutrient management plan to ensure compliance with the requirements of this chapter and the permittee's WPDES permit.
NR 243.14 Note
Note: The Wisconsin Conservation Planning Technical Note WI-1 contains additional detail on the information that needs to be included in a plan drafted in accordance with NRCS Standard 590, as well as additional background information useful for nutrient management planning. While additional information beyond that outlined in the technical note is needed to comply with the requirements of this section, the technical note does provide general guidance on how to create a nutrient management plan.
The nutrient management plan shall be reviewed and amended by the permittee on an annual basis to reflect any changes in operations. Except as provided in subd. 2.
, the management plan may be amended at any time provided the proposed amendments are approved in writing by the department. An amendment does not become effective until the department has reviewed and approved the amendment.
The department may establish a condition in the WPDES permit that allows the permittee to implement certain types of nutrient management plan amendments without obtaining, or prior to obtaining, department approval.
A discharge of manure or process wastewater pollutants to waters of the state by a CAFO as a result of the land application of manure or process wastewater is subject to the WPDES permit terms and conditions except where the discharge is an agricultural storm water discharge. A permittee's land application practices for manure and process wastewater shall comply with this section, the terms and conditions of the WPDES permit and the permittee's approved nutrient management plan. Except as provided in s. NR 243.142 (2)
, the permittee is responsible for ensuring that the manure and process wastewater generated or handled at the operation is land applied or disposed of in a manner that complies with this subchapter and the terms and conditions of the WPDES permit.
A permittee who land applies manure or process wastewater shall land apply all manure and process wastewater in compliance with the following requirements:
Manure or process wastewater may not pond on the application site.
During dry weather conditions, manure or process wastewater may not run off the application site, nor discharge to waters of the state through subsurface drains.
Manure or process wastewater may not cause the fecal contamination of water in a well.
Manure or process wastewater may not run off the application site nor discharge to waters of the state through subsurface drains due to precipitation or snowmelt except if the permittee has complied with all land application restrictions in this subchapter and the WPDES permit, and the runoff or discharge occurs as a result of a rain event that is equal to or greater than a 25-year, 24-hour rain event.
Manure or process wastewater may not be applied to saturated soils.
Land application practices shall maximize the use of available nutrients for crop production, prevent delivery of manure and process wastewater to waters of the state, and minimize the loss of nutrients and other contaminants to waters of the state to prevent exceedances of groundwater and surface water quality standards and to prevent impairment of wetland functional values. Practices shall retain land applied manure and process wastewater on the soil where they are applied with minimal movement.
Manure or process wastewater may not be applied on areas of a field with a depth to groundwater or bedrock of less than 24 inches.
Manure or process wastewater may not be applied within 100 feet of a direct conduit to groundwater.
Manure or process wastewater may not be applied within 100 feet of a private well or non-community system as defined in ch. NR 812
or within 1000 feet of a community well as defined in ch. NR 811
On a field with soils that are 60 inches thick or less over fractured bedrock, manure or process wastewater may not be applied on frozen ground or where snow is present.
Manure or process wastewater may not be applied on fields when snow is actively melting such that water is flowing off the field.
Where incorporation of land applied manure is required under NRCS Standard 590, the incorporation shall occur within 48 hours of application.
Manure or process wastewater may not be surface applied when precipitation capable of producing runoff is forecast within 24 hours of the time of planned application.
Land application of process wastewater shall be included in the permittee's nutrient management plan and shall be done in accordance with the requirements of this section, except that process wastewater may be applied to frozen or snow covered ground in accordance with the requirements in s. NR 214.17 (2)
instead of subs. (6)
. The permittee shall specify in the nutrient management plan or permit application whether process wastewater will be applied to frozen or snow-covered ground in accordance with subs. (6)
or s. NR 214.17 (2)
If incorporation is required under this section or the WPDES permit, the permittee shall specify the method of incorporation in the nutrient management plan.
NR 243.14 Note
Note: In addition to implementing practices specified in a nutrient management plan, the permittee should consider the following factors when making decisions about the timing of application and placement of manure and process wastewater on fields: the ability of the soil to absorb or otherwise hold liquids associated with manure and process wastewater based on the soil's moisture content or permeability, if snow is present on a field or the ground is frozen, the prediction of temperature increases that will likely result in sudden snowmelts or pollutant movement, upslope areas contributing runoff or snow melt to the site where applications occur, and other field conditions that may contribute to runoff events.
A permittee shall identify as part of its nutrient management plan, to the maximum extent practicable, the presence of subsurface drainage systems in fields where its manure or process wastewater is applied.
Subject to other restrictions on application rates in this section, the permittee shall use results of manure, process wastewater and soil analyses to determine nutrient application rates for manure and process wastewater.
NR 243.14 Note
Under s. NR 243.19
, the permittee shall conduct sampling of manure, process wastewater and soils, keep records associated with sampling and land application activities and submit reports to the department regarding the sample results and land application of manure and process wastewater.
NR 243.14 Note
Pursuant to s. NR 243.142
, the permittee is responsible for land application activities of the manure and process wastewater generated by the large CAFO, including the land application activities of contract haulers and employees.
(3) Nutrient crediting.
A permittee's manure and process wastewater application rates shall take into account soil nutrient levels prior to landspreading, nutrient applications from other sources, including commercial fertilizers, biosolids, first and second year manure and legume credits, and other sources of nutrients that are expected to be applied or have already been applied to land where manure or process wastewater will be applied. Adjustments shall be made to assumed nutrient credits based on actual crop yields.
Subject to additional restrictions in subs. (6)
for the winter season, a permittee shall choose and implement one of the following options whenever manure or process wastewater is applied on areas of fields within the SWQMA:
Not apply manure or process wastewater within 25 feet of a navigable water, conduit to a navigable water or wetland; and inject or immediately incorporate manure and process wastewater in all other areas within the SWQMA.
Not apply manure or process wastewater within 25 feet of a navigable water, conduit to a navigable water or wetland; and surface apply liquid manure and process wastewater in all other areas of the SWQMA provided that all of the following conditions are met: