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)
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accepted management practices or design standards or those practices or design standards specified in this section be superseded by more stringent operational or design requirements or practices, based on the following site-specific conditions:
Physical location of the facilities or systems, including depth to groundwater and bedrock and proximity to surface waters and wetlands.
Soil limitations such as permeability, infiltration rate, drainage class and flooding hazard.
Additional requirements or practices necessary to prevent exceedance of groundwater or surface water quality standards or impairments to wetland functional values.
(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
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.
(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:
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)
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.
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.
The department may require the installation of a leakage collection or monitoring system or secondary containment based on the following considerations:
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.
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)
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.
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.
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
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.
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.
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.
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.
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:
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.
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.
Other design and storage considerations specified in NRCS Standard 313, dated December 2005.
NR 243.15 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)
(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.
(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:
The adequacy of each facility's proposed linings to prevent exfiltration of manure, untreated or digested, and other pollutants to groundwater.
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.
Additional design considerations based on operation of the digester, including use of additives and operational temperatures.
(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 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).
(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 s. NR 214.21
(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)
(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.
(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:
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.
Evaluations of previously constructed facilities or systems. NR 243.16(1)(1)
All owners or operators applying for a WPDES permit shall submit an evaluation of any constructed reviewable facilities and systems not previously approved or evaluated by the department, as part of the application for a WPDES permit. Evaluations shall be submitted under the signature and the seal of a professional engineer registered in Wisconsin or other qualified individual. At a minimum, evaluations shall include the following information:
A narrative providing general background and operational information on existing facilities and systems.
Available post-construction documentation including the date and materials of construction.
For facilities or systems that are part of the production area, an assessment of the ability of the facility or system to meet the production area requirements in s. NR 243.13
, the adequate storage requirement under s. NR 243.14 (9)
, and accepted management practices.
An assessment of the ability of the facility or system to meet the applicable design requirements identified in s. NR 243.15
Any proposed actions to address issues identified as part of the evaluation.
The department may require an evaluation of a constructed facility or system previously reviewed and approved or evaluated by the department based on factors including the age of the facility or system, the facility's or system's ability to meet current design standards, requirements of this chapter or permit conditions, identified environmental impacts or physical location of the storage facility relative to waters of the state.
The department may require additional practices, conditions or permittee actions based on department review of submitted evaluations of previously constructed structures or systems. This includes the installation of a leakage collection or monitoring system, secondary containment systems, or groundwater monitoring, increased inspection frequency, or replacement, upgrade or closure of systems or structures in order to ensure compliance with requirements in ss. NR 243.13
, prevent exceedances of groundwater or surface water quality standards or to prevent impairments to wetland functional values.
By January 1, 2010, permittees shall have or install the permanent markers specified in s. NR 243.15 (3) (e)
to previously constructed liquid manure and process wastewater storage or containment facilities.
NR 243.16 History
History: CR 05-075
: cr. Register April 2007 No. 616
, eff. 7-1-07.
Operation and maintenance.
The permittee shall operate all constructed facilities and systems in accordance with applicable requirements of s. NR 243.13
, the operation and maintenance plan for a given facility or system, and WPDES permit conditions.
Prior to introducing any additives to a digester, other than manure, the permittee shall obtain written department approval. If any materials other than manure are used in the digester, the permittee shall maintain daily records of the volumes of all manure and non-manure components added to the digester influent.
The department may require monitoring for additional pollutants, including metals, based on the characterization of digester additives or the digester influent or effluent.
Materials other than manure comprise 10% or greater of the total digester volume.
The department determines that the chemical characterization of the digester influent or effluent warrants additional requirements.
Except as provided in par. (b)
, the permittee shall notify the department and obtain written department approval prior to adding any chemicals, pollutants or other wastes to any manure, process wastewater, or stormwater storage facility or treatment system. In this section, other wastes means any waste other than manure, process wastewater or stormwater. Factors the department will consider when approving a chemical or pollutant include:
The potential impact the storage or land application of the mixed waste containing the chemical or pollutant may have on waters of the state.
The WPDES permit may specify certain additives for which written department approval is not required before adding the substance to a treatment or storage facility.
Medical wastes, including expired or unused antibiotics, petroleum products not designed for use in manure storage facilities, pesticides, paints, solvents and hazardous wastes may not be disposed of in storage or treatment facilities specified in par. (a)
(3) Liquid manure-maintaining 180 days of storage. NR 243.17(3)(a)(a)
Except as provided in sub. (4)
, once a permittee has constructed or established properly designed manure storage or containment facilities or a system of properly designed facilities that provide a minimum of 180 days of storage for liquid manure pursuant to s. NR 243.15 (3) (i)
, the operation shall operate and maintain the storage facilities or system such that the 180-day design requirement is met for all animals onsite, except as allowed under sub. (4)
Liquid storage facilities or systems shall be emptied so that the 180-day level indicator, specified in s. NR 243.15 (3) (i)
, is visible on at least one day between October 1 and November 30, except for liquid manure remaining due to unusual fall weather conditions prohibiting manure applications during this time period. The permittee shall record the day on which the 180-day level indicator was visible during this time period. Permittees unable to empty their storage facility to the 180-day level indicator between October 1 and November 30, shall notify the department by December 5.
Permittees shall demonstrate compliance with the 180-day design storage capacity requirement at all the following times:
At the time of submittal of plans and specifications for proposed reviewable facilities or systems.
Subject to sub. (4)
, when a facility is proposing, at any time, a 20% expansion in animal units or an increase by an amount of 1,000 animal units or more.
(4) Liquid manure-exceptions to maintaining 180 days of storage. NR 243.17(4)(a)(a)
Permittees that have maintained a minimum of 180 days of storage capacity for liquid manure in accordance with sub. (3)
may be allowed to temporarily reduce this level of minimum required design capacity to 150 days design capacity if all of the following are met:
The reduction in storage is related to a planned increase in animal units.
The permittee notifies the department in writing of the proposed reduction prior to the planned expansion and reduction in 180-day design storage.
The permittee has a department approved expansion plan and schedule outlining how the operation will acquire or construct additional storage to achieve 180 days of storage after the expansion. The proposed schedule to acquire or construct additional storage may not exceed 24 months from the date of notification.