Chapter ATCP 50

ATCP 50.61(3)(b) (b) The updated standard has been adopted by NRCS, DNR, the department, or the applicable entity listed in this subchapter.

ATCP 50.61(3)(c) (c) The landowner voluntarily agrees, in writing, to the use of the updated standard to implement the conservation practice.

ATCP 50.61(4) (4) Pre-approval of cost-shared practices. The department may, at any time, require advance approval of any practice cost-shared under this chapter. The department shall provide written notice to affected parties of the cost-shared practices requiring pre-approval by the department and an opportunity for the affected parties to comment on the listed practices. The department shall do all of the following:

ATCP 50.61(4)(a) (a) Identify the practice for which pre-approval is required.

ATCP 50.61(4)(b) (b) Establish the conditions under which pre-approval is required and the process for securing the pre-approval.

ATCP 50.61(4)(c) (c) Provide at least 30 calendar days written notice to each county and other affected grant recipients before requiring pre-approval of the listed cost-shared practice.

ATCP 50.61 History History: CR 01-090: cr. Register September 2002 No. 561, eff. 10-1-02; CR 13-016: am. (title), (1), cr. (3), (4) Register February 2014 No. 698, eff. 5-1-14; CR 23-024: am. (title), (1), (3) (intro.), (a), (b) Register May 2024 No. 821, eff. 6-1-24.

ATCP 50.618 ATCP 50.618 Technical standards development process.

ATCP 50.618(1) (1) The department, in consultation with the department of natural resources, shall develop and revise technical standards to implement the performance standards and prohibitions under s. 281.16 (3) (a), Stats., if needed.

ATCP 50.618(2) (2) The department may decide that the following is necessary to implement a performance standard:

ATCP 50.618(2)(a) (a) Develop a new technical standard for which the department will be the custodian.

ATCP 50.618(2)(b) (b) Revise an existing technical standard for which the department is the custodian.

ATCP 50.618(3) (3) The department shall use the process used by the standards oversight council, or other inter-disciplinary team, when it acts to develop or revise technical standards for which it is the custodian. The process shall include the following:

ATCP 50.618(3)(a) (a) The department shall convene a work group that includes agencies and persons with technical expertise and direct policy interest.

ATCP 50.618(3)(b) (b) The work group shall publish a class 1 public notice and consider public comments received on the technical standard prior to providing recommendations to the department.

ATCP 50.618(3)(c) (c) The work group shall provide a recommended technical standard to the department.

ATCP 50.618(4) (4) Review and approval of technical standards. 

ATCP 50.618(4)(a) (a) Upon receipt of a recommended technical standard or technical standard revision, the department shall determine if the technical standard will effectively achieve or contribute to achievement of the performance standards under s. 281.16 (3) (a), Stats.

ATCP 50.618(4)(b) (b) If the department determines that a recommended technical standard will not adequately or effectively implement a performance standard under s. 281.16 (3) (a), Stats., the recommended technical standard may not be used to implement a performance standard in whole or in part.

ATCP 50.618 History History: CR 23-024: cr. Register May 2024 No. 821, eff. 6-1-24; correction in numbering in section under s. 13.92 (4) (b) 1., Stats., Register May 2024 No. 821.

ATCP 50.62 ATCP 50.62 Manure storage systems.

ATCP 50.62(1) (1) Definitions. In this section:

ATCP 50.62(1)(a) (a) “Animal feeding operation” means a feedlot or facility, other than a pasture, where animals are fed, confined, maintained, or stabled for 45 days or more in any 12-month period. Two or more animal feeding operations under common ownership or management constitute a single animal feeding operation if any of the following apply:

ATCP 50.62(1)(a)1. 1. The operations are adjacent.

ATCP 50.62(1)(a)2. 2. The operations use common plans, acreage, or systems to landspread manure or other wastes.

ATCP 50.62(1)(a)3. 3. Manure, barnyard runoff, or other wastes are commingled in a common storage facility prior to landspreading.

ATCP 50.62(1)(b) (b) “Manure management system” means a system of one or more practices, facilities, techniques, or measures used to prevent or reduce pollutants associated with manure. A “manure management system” may include one or more of the following:

ATCP 50.62(1)(b)1. 1. A manure storage system.

ATCP 50.62(1)(b)2. 2. A barnyard runoff control system as defined in s. ATCP 50.64 (1).

ATCP 50.62(1)(b)3. 3. Nutrient management as defined in s. ATCP 50.78 (1).

ATCP 50.62(1)(b)4. 4. Manure storage system closure as defined in s. ATCP 50.63 (1) (b).

ATCP 50.62(1)(b)5. 5. Well abandonment as described in ch. NR 812.

ATCP 50.62(1)(b)6. 6. A waste transfer system as defined in s. ATCP 50.93 (1).

ATCP 50.62(1)(c) (c) “Manure storage facility” means one or more manure storage structures. “Manure storage facility” includes stationary equipment and piping used to load or unload a manure storage structure if the equipment is specifically designed for that purpose and is an integral part of the facility. “Manure storage facility” does not include equipment used to apply manure to land.

ATCP 50.62(1)(d) (d) “Manure storage structure” means a manure storage impoundment made by constructing embankments, excavating a pit or dugout, or fabricating a structure. “Manure storage structure” does not include equipment used to apply manure to land.

ATCP 50.62(1)(e) (e) “Manure storage system” means a manure storage facility and related practices needed for the environmentally safe storage of manure at that facility. A “manure storage system” does not include any of the following:

ATCP 50.62(1)(e)1. 1. A milking center waste control system, except for the system component used to transfer the waste to manure storage.

ATCP 50.62(1)(e)2. 2. Nutrient management as defined in s. ATCP 50.78 (1).

ATCP 50.62(1)(e)3. 3. A barnyard runoff control system as defined in s. ATCP 50.64 (1), except for the system component used to transfer the waste to manure storage.

ATCP 50.62(1)(e)4. 4. Equipment used to apply manure to land.

ATCP 50.62(1)(e)5. 5. A feed storage system, except for the system component used to transfer leachate and contaminated runoff to manure storage.

ATCP 50.62(2) (2) Manure storage systems; eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs related to a manure storage system:

ATCP 50.62(2)(a) (a) Costs to design or construct the system.

ATCP 50.62(2)(b) (b) Costs to purchase and install permanent fencing needed to protect the system.

ATCP 50.62(2)(c) (c) Abandonment of the system if abandonment is required to meet water quality objectives.

ATCP 50.62(2)(d) (d) Costs to repair, reconstruct, or modify the system, or to abandon a related well, if all of the following apply:

ATCP 50.62(2)(d)1. 1. The action is needed to meet water quality objectives.

ATCP 50.62(2)(d)2. 2. The remaining portions of the system are fully operational.

ATCP 50.62(2)(d)3. 3. The landowner has made a substantial investment in the system, and will lose that investment if the system is not repaired or modified.

ATCP 50.62(3) (3) Manure storage systems; ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse any of the following costs:

ATCP 50.62(3)(a) (a) Costs to design a manure storage system that is not installed.

ATCP 50.62(3)(b) (b) Costs to construct, modify, or support a building. This paragraph does not apply to a modification that is essential for the installation of a manure storage system, or to the construction of a roof pursuant to s. ATCP 50.84.

ATCP 50.62(3)(c) (c) Costs for equipment used to apply manure to land, including manure spreaders, portable pumps, and other nonstationary equipment.

ATCP 50.62(3)(d) (d) Any manure storage system costs related to an animal feeding operation if all of the manure from that operation could be applied to land according to the NRCS conservation practice standard 590 nutrient management (December, 2015) without causing or aggravating nonattainment of water quality standards.

ATCP 50.62(3)(e) (e) Costs of removing or spreading manure from the system.

ATCP 50.62(3)(f) (f) Costs for more than one manure storage system for an animal feeding operation.

ATCP 50.62(3)(g) (g) Costs for a manure storage system, to the extent that those costs exceed the cost of an equally effective alternative.

ATCP 50.62(3)(h) (h) That portion of the system capacity needed to accommodate a significant increase in the base livestock population size. If the landowner chooses a system with additional capacity, the cost-share grant will be prorated based on the eligible capacity. The following criteria shall be used in making the determinations under this paragraph, as applicable:

ATCP 50.62(3)(h)1. 1. The criteria used in s. NR 151.095 (5) (d) 2. d. to determine the size of the base livestock population.

ATCP 50.62(3)(h)2. 2. The criteria used in s. NR 151.095 (5) (d) 2. d. to determine significant increases to the base livestock population.

ATCP 50.62(3)(h)3. 3. The calculation used in s. NR 243.11 (2) to measure animal units.

ATCP 50.62(3)(i) (i) A system capacity needed for a livestock population size for which a WPDES permit application is required under s. NR 243.12 (1) (a) or (b). The size of the livestock population shall be measured in animal units according to s. NR 243.11 (2).

ATCP 50.62(4) (4) Manure storage systems; grant disqualification. A county land conservation committee may not award a cost-share grant for a manure storage system if any of the following apply:

ATCP 50.62(4)(a) (a) The landowner intentionally aggravated a pollution discharge from the animal feeding operation.

ATCP 50.62(4)(b) (b) The landowner could prevent the discharge of pollutants through improved management practices at nominal cost.

ATCP 50.62(4)(c) (c) The manure storage system will not achieve compliance with applicable state and local regulations.

ATCP 50.62(4)(d) (d) The landowner holds, or is required to apply for, a Wisconsin pollution discharge elimination system permit for the animal feeding operation under s. 283.31, Stats.

ATCP 50.62(4)(e) (e) The landowner could have prevented the discharge of pollutants by complying with an operations and maintenance plan previously agreed upon by the landowner and one of the following:

ATCP 50.62(4)(e)1. 1. The department.

ATCP 50.62(4)(e)2. 2. The county land conservation committee.

ATCP 50.62(4)(e)3. 3. DNR.

ATCP 50.62(4)(e)4. 4. NRCS.

ATCP 50.62(5) (5) Manure storage systems; design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse any costs related to a manure storage system unless all of the following conditions are met:

ATCP 50.62(5)(a) (a) The system capacity is necessary based on the farm’s inability to comply with the farm’s nutrient management plan to store the manure produced by the animal feeding operation over a normal period of 30 to 365 days.

ATCP 50.62(5)(b) (b) The system complies with well location requirements under s. NR 812.08.

ATCP 50.62(5)(c) (c) If the manure storage facility is designed to be emptied annually or semi-annually, manure from the system must be applied to non-frozen soils in compliance with a nutrient management plan under s. ATCP 50.04 (3).

ATCP 50.62(5)(d) (d) No manure from the system is applied to frozen or saturated ground.

ATCP 50.62(5)(e) (e) The system complies with all of the following that apply:

ATCP 50.62(5)(e)1. 1. NRCS conservation practice standard 313 waste storage facility (October, 2017).

ATCP 50.62(5)(e)2. 2. NRCS conservation practice standard 634 waste transfer (November, 2022).

ATCP 50.62(5)(e)3. 3. NRCS conservation practice standard 351 well decommissioning (August, 2021).

ATCP 50.62(5)(e)4. 4. NRCS conservation practice standard 382 fence (January, 2014).

ATCP 50.62(5)(e)5. 5. NRCS conservation practice standard 561 heavy use area protection (November 2022).

ATCP 50.62(5)(e)6. 6. NRCS conservation practice standard 520 pond sealing or lining — compacted soil treatment (October, 2017).

ATCP 50.62(5)(e)7. 7. NRCS conservation practice standard 521 pond sealing or lining — geomembrane or geosynthetic clay liner (October, 2017).

ATCP 50.62(5)(e)8. 8. NRCS conservation practice standard 522 pond sealing or lining — concrete (June, 2021).

ATCP 50.62(5)(e)9. 9. Other standards specified by the department.

ATCP 50.62(5)(em) (em) The landowner agrees, in writing, to maintain the original storage capacity, measured in days per year, of the cost-shared practice for the 10 year maintenance period of the cost-share contract. If more animals are added during the 10 year maintenance period, all of the following provisions apply:

ATCP 50.62(5)(em)1. 1. The landowner is responsible, at the landowner’s own cost, for construction of any additional storage necessary to maintain the same number of days of storage capacity if the landowner’s nutrient management plan cannot be modified to allow for land spreading of the additional manure from the expanded livestock operation.