NR 243.142
NR 243.142
Responsibility for large CAFO manure and process wastewater. NR 243.142(1)(1)
General. Except as provided in sub.
(2), the owner or operator shall be responsible for the storage, management and land application of all manure and process wastewater generated by the operation in accordance with terms and conditions contained in the WPDES permit and the approved nutrient management plan.
NR 243.142 Note
Note: If manure or process wastewater is stored or sent out of the state of Wisconsin, it is not regulated under ch.
NR 243 or the WPDES permit once it is out of the state.
NR 243.142(2)
(2) Exemptions. Upon written department approval as required under sub.
(3), once the manure or process wastewater is distributed offsite, the permittee is not responsible for the land application, use or disposal of manure or process wastewater if the manure or process wastewater is distributed in compliance with the conditions of the department approval and in accordance with any of the following:
NR 243.142(2)(a)
(a)
De minimus quantity of solid manure distributed. A de minimus amount of solid manure is sold or given away to another person. Under this paragraph, a de minimus amount of solid manure means the total quantity of manure distributed to the other person is no more than 175 cubic feet within a 30-day period and no more than 525 cubic feet within a 12-month period.
NR 243.142(2)(b)1.1. The manure is sold or given away to another person and that person manipulates the manure, and distributes it as a commercial fertilizer pursuant to a fertilizer license issued by DATCP or distributes it as a soil or plant additive pursuant to a soil and plant additive license issued by DATCP.
NR 243.142(2)(b)2.
2. The permittee manipulates the manure and distributes it as a commercial fertilizer pursuant to a fertilizer license issued by DATCP or distributes it as a soil or plant additive pursuant to a soil and plant additive license issued by DATCP. The permittee is responsible for the manipulated manure until it is distributed off-site to another person.
NR 243.142 Note
Note: If the permittee manipulates the manure and distributes the manure under a DATCP license, the permittee responsible for the manure and the manipulated manure is subject to the WPDES permit requirements until it is distributed off-site (off of any part of the CAFO) to another person. Transfer of responsibility can only occur if the conditions in sub. (3) are met.
NR 243.142(2)(c)
(c)
Alternative uses of distributed manure. For solid manure, the manure is sold or given away to another person for landscaping, greenhouse use, use as an animal bedding product or for other beneficial purposes that do not include application to croplands.
NR 243.142(2)(d)
(d)
Manure or process wastewater is distributed to another permittee. The manure or process wastewater is sold or given away to another operation permitted under a WPDES permit that has a department approved management plan that addresses the manure or process wastewater, and the manure or process wastewater will be land applied under the other permit.
NR 243.142(2)(e)
(e)
Composted manure. The manure is sold or given away to another person who composts the manure and the department has determined that the composting process and land application or use of the distributed manure will be more appropriately regulated under ch.
NR 518.
NR 243.142(3)
(3) Department approval. If a permittee wants to transfer responsibility to another person for the land application, disposal or use of manure or process wastewater that will be distributed in accordance with one of the methods in sub.
(2) (b) to
(e), the permittee shall obtain written department approval for the distribution. If written approval is not obtained, the permittee remains responsible for the land application, disposal and use of the distributed manure or process wastewater in accordance with the terms of the permit and this chapter. To obtain department approval for the purposes of transferring responsibility, the permittee shall comply with all of the following conditions:
NR 243.142(3)(a)
(a) Neither the permittee, its agent or a contract hauler working on behalf of the permittee may land apply the distributed manure.
NR 243.142(3)(b)
(b) The permittee shall demonstrate to the department that the distributed manure will be beneficially used.
NR 243.142(3)(c)
(c) If the manure is distributed in accordance with sub.
(2) (b) or
(c), and if the person receiving the manure intends to store the manure, the permittee shall demonstrate to the department that the distributed manure will be delivered to proper storage. For purposes of this paragraph, proper storage means one of the following:
NR 243.142(3)(c)1.
1. The distributed manure will be stored in a facility that complies with NRCS Standard 313, December 2005.
NR 243.142(3)(c)2.
2. The distributed manure will be stored in a manner that will not cause exceedances of groundwater and surface water quality standards and will not impair wetland functional values.
NR 243.142 Note
Note: Proper storage may include manure stored in bags provided that the manure is dry enough to avoid leachate generation.
NR 243.142 Note
Note: A permittee does not need to obtain approval from the department to transfer responsibility for de minimus amounts of manure under sub. (2) (a).
NR 243.142(4)
(4) Revocation of approval. The department may revoke its approval of the responsibility transfer if the department determines that the conditions of approval are not being met by the permittee or recipients of the manure.
NR 243.142(5)(a)
(a) The permittee shall estimate the amount of manure and process wastewater distributed under sub.
(2) in its nutrient management plan and record the actual amount distributed at the time of distribution. The permittee shall create and maintain records that identify the name and address of the recipient of the distributed manure or process wastewater, the quantity distributed, and the dates of distribution. The permittee shall keep these records for at least 5 years and shall make them available to the department upon request. The permittee shall report the amount of manure distributed under sub.
(2) to the department in the annual report.
NR 243.142(5)(b)
(b) Prior to distribution, the permittee shall notify the recipient, in writing, of the nutrient content of the distributed manure and process wastewater based on the most recent representative sampling information that has been conducted in accordance with the permittee's WPDES permit. At a minimum, the permittee shall provide information to the recipient regarding the nitrogen and phosphorus content of the manure.
NR 243.142 History
History: CR 05-075: cr.
Register April 2007 No. 616, eff. 7-1-07.
NR 243.143
NR 243.143
Silurian bedrock performance standards. Owners or operators that mechanically apply manure directly or through contract or other agreement to cropland or pasture areas that meet the definition of Silurian bedrock under s.
NR 151.015 (17) must comply with s.
NR 151.075.
NR 243.143 History
History: CR 17-062: cr. Register June 2018 No. 750 eff. 7-1-18. NR 243.15
NR 243.15
Design, submittal and approval of proposed facilities or systems. NR 243.15(1)(a)1.1. Plans and specifications for proposed reviewable facilities or systems shall be submitted as part of the permit application unless written department approval is received for a later submittal. Plans and specifications shall be submitted during the term of the permit if construction of a reviewable facility or system or a modification to an existing reviewable facility or system is proposed during the term of the permit. Submittal of plans and specifications shall meet the requirements in s.
NR 108.04 (2). Plans and specifications submitted for department approval shall include a narrative describing the proposed facility or system, a written management and site assessment, scaled drawings, an operation and maintenance plan and relevant calculations for the proposed facility or system. An owner or operator may not commence construction of a proposed reviewable facility or system until plans and specifications have been approved by the department in writing.
NR 243.15 Note
Note: Department approval should not be viewed as a guarantee that the approved facility or system or permittee can or will comply with WPDES permit conditions.
NR 243.15(1)(a)2.
2. Barnyards, feedlots and reviewable facilities or systems may not be located within 250 feet of a private well or noncommunity system as defined in ch.
NR 812 or within 1000 feet of a community well as defined in ch.
NR 811.
NR 243.15(1)(a)3.
3. Owners or operators of large CAFOs shall, at a minimum, design and construct reviewable facilities or systems that are part of the production area to meet the production area requirements in s.
NR 243.13, accepted management practices, and the adequate storage requirements under ss.
NR 243.14 (9) and
243.17 (3). All proposed plans and specifications, including the operation and maintenance plan, shall include a written explanation regarding the ability of the proposed facility or system to meet the production area requirement in s.
NR 243.13 and the adequate storage requirements under ss.
NR 243.14 (9) and
243.17 (3).
NR 243.15(1)(a)4.
4. The department may require the submittal of additional information necessary to meet the requirements of ch.
NR 150.
NR 243.15(1)(b)
(b)
Department approval. The department shall review and approve, conditionally approve or reject the plans and specifications in accordance with the timelines established in s.
281.41, Stats.
NR 243.15 Note
Note: In accordance with s.
NR 108.04, submittals shall occur at least 90 days prior to the anticipated date upon which the owner or operator plans to commence construction.
NR 243.15 Note
Note: Department approval may be in addition to any local or county approvals needed. Also, a storm water construction WPDES permit may be required prior to construction pursuant to ch.
NR 216.
NR 243.15(1)(c)
(c)
Alternative practices or designs. When the owner or operator of the large CAFO demonstrates that accepted management practices or those practices or design standards specified in this section are more stringent than necessary to avoid a detrimental effect on water quality, the department may approve alternative practices or design standards. This demonstration may be made during the permit issuance process under ch.
283, Stats., or during the plan review process under this section. The department may only approve alternative practices or design standards if the owner or operator can demonstrate that the design and operation of the alternative practices will achieve compliance with the requirements of ss.
NR 243.13 and
243.14 (9), surface water and groundwater quality standards and the 180-day storage requirement in s.
NR 243.17 (3).
NR 243.15(1)(d)
(d)
Additional requirements. As part of its written approval of plans and specifications, the department may require that accepted management practices or design standards or those practices or design standards specified in this section be superseded by more stringent operational or design requirements or practices, based on the following site-specific conditions:
NR 243.15(1)(d)1.
1. Physical location of the facilities or systems, including depth to groundwater and bedrock and proximity to surface waters and wetlands.
NR 243.15(1)(d)2.
2. Soil limitations such as permeability, infiltration rate, drainage class and flooding hazard.
NR 243.15(1)(d)5.
5. Additional requirements or practices necessary to prevent exceedance of groundwater or surface water quality standards or impairments to wetland functional values.
NR 243.15(2)
(2) Runoff control. Runoff control systems in the production area shall be designed to comply with the applicable standards in s.
NR 243.13 using permanent runoff control systems that are consistent with accepted management practices such as wastewater treatment strips, sediment basins, waste storage facilities, roof runoff management, grassed waterways and clean water diversions. Wastewater treatment strips shall be designed in accordance with NRCS Standard 635, dated January 2002. NRCS Standard 635, dated January 2002, is incorporated by reference in s.
NR 243.07.
NR 243.15 Note
Note: Copies of NRCS Standard 635, dated January 2002 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 243.15 Note
Note: In accordance with s.
NR 243.13(2), operations are not allowed to discharge pollutants to navigable waters under any circumstance or storm event from parts of the production area where manure or process wastewater is not properly stored or contained by a structure. Wastewater treatment strips, grassed waterways or buffers are examples of facilities or systems that by themselves do not constitute a structure.
NR 243.15(3)
(3) Storage or containment. Permittees proposing to construct storage or containment facilities shall design and install facilities that, at a minimum, meet the following requirements:
NR 243.15(3)(a)
(a)
Nutrient management. Storage and containment facilities shall be designed to provide storage capacity that is consistent with the department approved nutrient management plan and the requirement in ss.
NR 243.14 (9) and
243.17 (3).
NR 243.15(3)(b)
(b)
Alarm systems. For storage or containment facilities that are either covered, buried or otherwise concealed in a manner that does not allow visual inspection of the level of manure or process wastewater in the facility, submitted designs shall include installation of a monitoring or alarm system to prevent overflows from the facility.
NR 243.15(3)(c)1.1. The permittee shall assess if a leakage collection or monitoring system or secondary containment system is necessary to prevent discharges of manure and process wastewater to groundwater or surface waters and include the assessment as part of submitted plans and specifications. If the permittee determines that these systems are necessary, it shall include plans and specifications for these systems as part of its submittal. Components of a collection or monitoring system design may include secondary containment associated with liner installation, leachate collection, leachate recirculation, monitoring sumps or monitoring wells. Components of secondary containment may include concrete or earthen berms or diversions designed to temporarily collect or divert overland flow away from surface waters or areas susceptible to groundwater contamination.
NR 243.15(3)(c)2.
2. The department may require the installation of a leakage collection or monitoring system or secondary containment based on the following considerations:
NR 243.15(3)(c)2.a.
a. Whether facilities are located on or near areas that are susceptible to groundwater contamination such as direct conduits to groundwater, sandy soils, and sites with minimal separations between bedrock and high water tables.
NR 243.15(3)(d)
(d)
Process wastewater. Storage and containment facilities for process wastewater that are stored separately from manure shall be designed and constructed in accordance with ch.
NR 213 and shall be designed to achieve compliance with the applicable standards in ss.
NR 243.13 and
243.14 (9).
NR 243.15(3)(e)
(e)
Permanent markers. Liquid manure and process wastewater storage and containment facilities shall be constructed with permanent markers to clearly indicate the margin of safety level and maximum operating levels. Liquid manure storage and containment facilities shall also have a marker near the bottom of the facility indicating the level at which the facility provides 180 days of storage.
NR 243.15(3)(f)
(f)
Standard 313. Manure storage and containment facilities constructed after July 1, 2007, shall, at a minimum, be designed and constructed in accordance with the design criteria contained in NRCS Standard 313, December 2005.
NR 243.15(3)(g)
(g)
Solid manure-storage design capacity. Subject to par.
(h), all permittees shall have properly designed storage for all solid manure generated by the CAFO during February 1 through March 31 or shall obtain department approval to stack manure under s.
NR 243.141.
NR 243.15(3)(h)1.1. Except as provided in subd.
2., after July 1, 2007, all permit issuances, reissuances and modifications shall require that permittees provide solid manure storage for at least the time period from February 1 through March 31 or obtain department approval to stack manure under s.
NR 243.141. If solid manure storage capacity is not obtained by an existing source CAFO at the time of public notice for a proposed permit reissuance or modification, the department shall include an evaluation and a schedule in the proposed permit to ensure that storage capacity is available by November 30th after permit reissuance or modification.
NR 243.15(3)(h)2.
2. If an owner or operator of a large CAFO holds a WPDES permit on July 1, 2007, that requires compliance with the revised land application requirements in s.
NR 243.14 upon department notification of rule changes, then the permittee shall meet the requirements in par.
(g) by January 1, 2008.
NR 243.15(3)(i)
(i)
Liquid manure-new source CAFOs. All proposed liquid manure storage or containment facilities for new source CAFOs shall be designed and constructed to provide a minimum of 180 days of storage in accordance with par.
(k). The design shall include a level indicator on the storage or containment facility indicating when the necessary amount of material has been removed to provide 180 days of storage. At the time of permit issuance or prior to November 30 after permit issuance, all new source CAFOs shall have properly designed liquid manure storage or containment facilities or a system of designed facilities that can contain, at a minimum, all liquid manure generated by the large CAFO for the animals present at the operation and other waste sources directed to the storage facility during any 180-day period. Properly designed storage is storage that meets the design requirements in par.
(f). If a new source CAFO does not have at least 180 days of storage at the time of public notice of a proposed permit, the WPDES permit shall contain a construction schedule in order to ensure that an operation has a design volume of at least 180 days of storage prior to November 30.
NR 243.15(3)(j)
(j)
Liquid manure-existing source CAFOs. By January 1, 2010, all existing source CAFOs shall have liquid manure storage or containment facilities that are properly designed to provide a minimum of 180 days of storage in accordance with par.
(k). All plans and specifications submitted on or after January 1, 2010 for proposed liquid manure storage or containment facilities by existing source CAFOs shall be designed to continue to provide a minimum of 180 days of storage in accordance with par.
(k). The design shall include a marker near the bottom of the facility indicating when the necessary amount of material has been removed to provide 180 days of storage. The department may include requirements for evaluations, plan and specification submittal and construction schedules in permits prior to January 1, 2010 if necessary to insure that an operation meets the requirements for 180 days of storage for liquid manure storage or containment facilities by January 1, 2010.
NR 243.15(3)(k)
(k)
Calculating design volume. Design volume for providing 180 days of storage for liquid manure shall be calculated based on the maximum animals present at an operation for the period of time liquid manure and other wastes mixed with the liquid manure are to be stored during any 180-day period and other design considerations. Liquid manure that is not directed to any facility or structure covered by the operation's WPDES permit may be subtracted from the design volume calculations. At a minimum, design volume shall include all of the following:
NR 243.15(3)(k)1.
1. Capacity for liquid manure that will be stored as well as process wastewater and other wastes that will be mixed and stored with the liquid manure.
NR 243.15(3)(k)2.
2. Anticipated direct precipitation, runoff directed to the facility and evaporation for the 180-day storage period, including direct precipitation and runoff from a 100-year, 24-hour storm event for swine, veal and poultry operations that are new source CAFOs or a 25-year, 24-hour storm event for all other operations.
NR 243.15(3)(k)4.
4. Other design and storage considerations specified in NRCS Standard 313, dated December 2005.
NR 243.15 Note
Note: 180 days of design storage is not required for process wastewater if process wastewater is stored separately from liquid manure. Requirements for storage of process wastewater are contained in s.
NR 243.15 (3) (d).
NR 243.15(4)
(4) Transfer systems. Manure and process wastewater transfer systems constructed after July 1, 2007, shall be designed, constructed and operated in accordance with the criteria contained in NRCS Standard 634, dated December 2005. NRCS Standard 634, dated December 2005 is incorporated by reference in s.
NR 243.07.
NR 243.15 Note
Note: Copies of NRCS Standard 634, dated December 2005, 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 243.15(5)
(5) Digesters for biogas production. After July 1, 2007, digester facilities for biogas production shall be designed and constructed in accordance with NRCS Standard 313, December 2005. The department may apply additional design requirements in accordance with ch.
NR 213 based on materials added or chemical characterization of the digester influent or effluent. Plans and specifications for digesters shall be submitted in accordance with sub.
(1). At a minimum, the following information shall be included in the plans and specifications submitted for the construction of a digester for biogas production:
NR 243.15(5)(a)
(a) The adequacy of each facility's proposed linings to prevent exfiltration of manure, untreated or digested, and other pollutants to groundwater.
NR 243.15(5)(b)
(b) The proximity of bedrock and the water table to the proposed elevation of each facility's floors verified through onsite soil test borings or pits.
NR 243.15(5)(c)
(c) Additional design considerations based on operation of the digester, including use of additives and operational temperatures.
NR 243.15(6)
(6) Permanent spray irrigation systems. Proposed permanent spray irrigation and other treatment systems shall at a minimum meet the requirements of s.
NR 214.14, soil investigation and groundwater monitoring criteria in ss.
NR 214.20 and
214.21, and land application requirements specified in s.
NR 243.14.
NR 243.15 Note
Note: Permanent spray irrigation systems are considered a reviewable system or facility; therefore, plans and specifications must be submitted to the department in accordance with sub. (1).
NR 243.15(7)
(7) Groundwater monitoring. The department may require the installation of groundwater monitoring wells in the vicinity of manure storage facilities, runoff control systems, permanent spray irrigation systems and other treatment systems where the department determines monitoring is necessary to evaluate impacts to groundwater and geologic or construction conditions warrant monitoring. If a groundwater monitoring system is required, plans and specifications for a monitoring system shall be submitted and the system shall, at a minimum, be designed, constructed and monitored in accordance with chs.
NR 140 and
141 and s.
NR 214.21.
NR 243.15(8)
(8) Composting facilities. The department shall determine if the design and operation of a manure or animal carcass composting facility that is part of the production area is more appropriately approved under this section or ch.
NR 502. This determination shall be based on factors such as the type of materials mixed with the manure or animal carcass and the amount and source of the materials, the method of composting and the characteristics of the final composted material. If the department determines that design and operation requirements for a composting facility are appropriately reviewed and approved under this section, the department may still apply additional design and operation requirements contained in ch.
NR 502 as needed to protect water quality and shall apply additional design and operation requirements as needed to meet the requirements in ss.
NR 243.13 and
243.14 (9).
NR 243.15(9)
(9) Feed storage. Proposed feed storage facilities and associated runoff control systems shall be designed and constructed to ensure that leachate and contaminated runoff are collected or controlled in a manner that complies with the applicable production area requirements in s.
NR 243.13 and adequate storage requirements in s.
NR 243.14 (9). Plans and specifications submitted to the department for proposed feed storage facilities shall include an evaluation of the need for underground leachate collection to prevent exceedances of groundwater quality standards.
NR 243.15(10)
(10) Construction and post construction. All facilities or systems shall be constructed in accordance with the approved plans and specifications. After construction of a reviewable facility or system has been completed, the WPDES permit applicant or permittee shall submit a post-construction report to the department that includes:
NR 243.15(10)(b)
(b) Documentation that construction has complied with approved plans and specifications and applicable design standards.
NR 243.15 History
History: CR 05-075: cr.
Register April 2007 No. 616, eff. 7-1-07.
