NR 243.13(6)(a)(a) General. 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 NoteNote: 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. NR 243.13(6)(b)(b) Plan content. The emergency response plan shall include all of the following information: NR 243.13(6)(b)1.1. The names and telephone numbers of persons who are identified by the permittee as responsible for implementing the emergency response plan. NR 243.13(6)(b)2.2. Areas of the production area where potential unauthorized spills or discharges can occur, and their accompanying surface and subsurface drainage points. NR 243.13(6)(b)3.3. Procedures to be followed in the event of an unauthorized spill or discharge, including the following: NR 243.13(6)(b)3.c.c. 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. NR 243.13(6)(b)3.d.d. 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. NR 243.13(6)(b)3.e.e. 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, Stats. NR 243.13(6)(c)(c) Amendments. 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. NR 243.13(7)(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: NR 243.13(7)(a)(a) 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. NR 243.13(7)(b)(b) Prohibit direct access of livestock or poultry to surface waters or wetlands located in or adjacent to the area unless approved by the department. NR 243.13(7)(c)(c) Comply with other measures specified in the permit to prevent exceedances of groundwater and surface water quality standards. NR 243.13 NoteNote: 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. NR 243.13(8)(a)(a) 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. NR 243.13(8)(b)(b) The permittee shall maintain records of mortality management and disposal methods in accordance with s. NR 243.19. NR 243.13 NoteNote: 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 NoteNote: In accordance with s. 283.53, Stats., the term of a WPDES permit cannot exceed 5 years. NR 243.13 HistoryHistory: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07. NR 243.14(1)(a)(a) General. 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. NR 243.14(1)(b)(b) Plan content. 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 NoteNote: 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.
NR 243.14(1)(c)1.1. 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. NR 243.14(1)(c)2.2. 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. NR 243.14(2)(a)(a) 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. NR 243.14(2)(b)(b) A permittee who land applies manure or process wastewater shall land apply all manure and process wastewater in compliance with the following requirements: NR 243.14(2)(b)1.1. Manure or process wastewater may not pond on the application site. NR 243.14(2)(b)2.2. 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. NR 243.14(2)(b)3.3. Manure or process wastewater may not cause the fecal contamination of water in a well. NR 243.14(2)(b)4.4. 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. NR 243.14(2)(b)5.5. Manure or process wastewater may not be applied to saturated soils. NR 243.14(2)(b)6.6. 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. NR 243.14(2)(b)7.7. 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. NR 243.14(2)(b)8.8. Manure or process wastewater may not be applied within 100 feet of a direct conduit to groundwater. NR 243.14(2)(b)9.9. 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. NR 243.14(2)(b)10.10. 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. NR 243.14(2)(b)11.11. Manure or process wastewater may not be applied on fields when snow is actively melting such that water is flowing off the field. NR 243.14(2)(b)12.12. Where incorporation of land applied manure is required under NRCS Standard 590, the incorporation shall occur within 48 hours of application. NR 243.14(2)(b)13.13. 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. NR 243.14(2)(c)(c) 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) to (6) instead of subs. (6) and (7). 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) and (7) or s. NR 214.17 (2) to (6). NR 243.14(2)(d)(d) 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 NoteNote: 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.
NR 243.14(2)(e)(e) 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. NR 243.14(2)(f)(f) 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 NoteNote: 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 NoteNote: 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. NR 243.14(3)(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. NR 243.14(4)(a)(a) Subject to additional restrictions in subs. (6) and (7) 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: NR 243.14(4)(a)1.1. 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. NR 243.14(4)(a)2.2. 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: NR 243.14(4)(a)3.3. Establish a 35-foot wide vegetated buffer adjacent to the navigable water, conduit to a navigable water or wetland where there is no application of manure or process wastewater on the buffer; and comply with a practice in this subd. 3. a. or b. For the purposes of this subdivision, a vegetated buffer means a narrow, permanent strip of dense perennial vegetation established parallel to the contours of and perpendicular to the dominant slope of the field for the purposes of slowing water runoff, enhancing water infiltration, and minimizing the risk of any potential nutrients or pollutants from leaving the field and reaching navigable waters. NR 243.14(4)(a)3.a.a. Inject or immediately incorporate manure and process wastewater in all other areas within the SWQMA, or NR 243.14(4)(a)3.b.b. Surface apply in all other areas of the SWQMA provided the ground has 30% residue or more at the time of application and the hydraulic application rate is limited in accordance with Table 3. NR 243.14(4)(a)4.4. Establish a filter strip that is a minimum of 21 feet wide adjacent to the navigable water, conduit to a navigable water or wetland; and comply with a practice in this subd. 4. a. or b. The filter strip shall be designed in accordance with NRCS Standard 393, dated January 2001. NRCS Standard 393, dated January 2001, is incorporated by reference in s. NR 243.07. NR 243.14 NoteNote: Copies of NRCS Standard 393, dated January 2001 and documents referenced in this standard may be inspected at the offices of the department, DATCP, NRCS, county land conservation departments and the legislative reference bureau, Madison, Wisconsin.
NR 243.14(4)(a)4.a.a. Inject or immediately incorporate manure and process wastewater in all other areas within the SWQMA, or NR 243.14(4)(a)4.b.b. Surface apply in all other areas of the SWQMA provided the ground has 30% residue or more at the time of application and the hydraulic application rate is limited in accordance with Table 3. NR 243.14(4)(a)5.5. Not apply manure or process wastewater within 100 feet of a navigable water or conduit to a navigable water. NR 243.14(4)(a)6.6. Implement other practices within the SWQMA that are approved, in writing, by the department provided that the permittee demonstrates pollutant reductions are equivalent to, or better than, reductions achieved by not applying manure or process wastewater within 100 feet of downgradient navigable waters or conduits to navigable waters. NR 243.14 NoteNote: The Wisconsin buffer initiative may provide additional information on the proper design and use of riparian buffers to best protect water quality.
NR 243.14 NoteNote: Demonstrations of equivalent practices may consist of model outputs, calculations or other means of demonstrating equivalent pollutant reductions.
NR 243.14(4)(b)(b) The nutrient management plan shall specify the land application practices that have been selected and will be followed on each field to meet the requirements of this subsection. Permittees implementing practices under par. (a) 1., 2. or 4. shall demonstrate to the department how the practices provide for pollutant reductions equivalent to, or better than, reductions achieved by not applying manure and process wastewater within 100 feet of downgradient navigable waters or conduits to navigable waters. NR 243.14(4)(c)(c) If the application rates in Table 3 apply pursuant to any of the requirements in par. (a) 2. to 4., any additional applications made to meet the allowed nutrient crop budget shall be done with a minimum of 7 days between applications, provided the soils are not saturated. 1 Fine – clay, silty clay, silty clay loam, clay loam.
Medium – sandy clay, sandy clay loam, loam, silt loam, silt.
Coarse – loamy sand, sandy loam, sand. This category includes peat and muck based on their infiltration capacity.
NR 243.14(5)(a)(a) The permittee shall assess and minimize the potential for delivery of phosphorus to waters of the state from fields by applying its manure and process wastewater in accordance with one of the methods specified in subd. 1. or 2. The permittee shall specify the method it will apply to a field in the nutrient management plan. NR 243.14(5)(a)1.1. Use the soil test phosphorus method specified in NRCS Standard 590. In addition, for applications to fields directly adjacent to, or that have been determined by the department to have a high potential to deliver phosphorus to, 303 (d) listed waters impaired by nutrients or outstanding or exceptional resource waters, the permittee may not increase soil test phosphorus levels over a crop rotation unless the permittee receives department approval, and the permittee can demonstrate that deliverability of phosphorus to these waters will not increase as a result of increases in soil test phosphorus in the field. The permittee may not raise soil test phosphorus levels over a rotation above the optimum level for the highest phosphorus demanding crop in a rotation for a field with soil test phosphorus levels below optimum levels. NR 243.14 NoteNote: Maps or written descriptions of the locations of outstanding and exceptional resource and 303 (d) listed waters can be found on the department’s website at http://dnr.wi.gov. NR 243.14 NoteNote: In accordance with s. NR 243.14 (1) (a) and NRCS Standard 590, a permittee shall determine optimum soil phosphorus levels for various Wisconsin crops as specified in University of Wisconsin-Extension Publication A2809, “Soil Test Recommendations for Field, Vegetable and Fruit Crops.” NR 243.14(5)(b)(b) If a permittee applies manure or process wastewater on fields with soil test levels greater than 100 ppm, the permittee shall comply with the requirements in both subd. 1. and 2.: NR 243.14(5)(b)1.1. For fields with soil test phosphorus levels between 100 ppm and 200 ppm, the permittee shall calculate the planned average phosphorus index value for the crop rotation or for the next 4-year period, whichever time period is less. If the calculated average phosphorus index value is greater than 6, manure and process wastewater applications to that field are prohibited. If the calculated phosphorus index value is 6 or less, applications are allowed provided that the cumulative application of phosphorus from manure and process wastewater does not exceed 50% of the cumulative annual crop phosphorus removal over the rotation or the next 4-year period, whichever is less. NR 243.14(5)(b)2.2. For fields with soil test phosphorus levels of 200 ppm and greater, applications of phosphorus from manure and process wastewater are prohibited unless the permittee receives department approval. The department may only approve the application if all of the following requirements are met: NR 243.14(5)(b)2.a.a. The permittee can demonstrate that additional applications of manure or process wastewater will not significantly increase phosphorus delivery to surface waters or wetlands. NR 243.14(5)(b)2.b.b. The permittee calculates the planned average phosphorus index value for the rotation or the next 4-year period, whichever is less and the planned average phosphorus index value is 6 or less.
