Chapter ATCP 51

ATCP 51.16 Note V.A.2.b(2), related to additional requirements imposed by local conservation plans.

ATCP 51.16 Note V.D, related to additional criteria to minimize N and particulate air emissions.

ATCP 51.16 Note V.E, related to additional criteria to protect the physical, chemical and biological condition of the soil.

ATCP 51.16 Note VI, related to discretionary considerations.

ATCP 51.16(1)(a)2. 2. A nutrient management checklist, shown in Appendix A, worksheet 3, part C, shall accompany an application for local approval. A qualified nutrient management planner, other than the livestock operator, shall answer each checklist question. The planner shall have reasonable documentation to substantiate each answer, but neither the planner nor the operator is required to submit that documentation with the checklist.

ATCP 51.16 Note Note: A livestock operator is not required to submit a complete nutrient management plan with an application for local approval. Both the operator and the qualified nutrient management planner must sign the nutrient management checklist. See Appendix A, worksheet 3, part C.

ATCP 51.16(1)(b) (b) A political subdivision may ask a nutrient management planner to submit the documentation that the planner relied upon to substantiate the planner’s answer to one or more questions on the nutrient management checklist under par. (a) 2. The political subdivision may deny local approval if the planner’s documentation does not reasonably substantiate the answer.

ATCP 51.16(1)(c) (c) Paragraph (a) does not apply to a livestock facility with fewer than 500 animal units unless the operator’s ratio of acres to animal units, calculated according to Appendix A, worksheet 3, part B, is less than 1.5 for dairy and beef cattle, 1.0 for swine, 2.0 for sheep and goats, 2.5 for chickens and ducks, and 5.5 for turkeys.

ATCP 51.16 Note Note: A waste and nutrient management worksheet (Appendix A, worksheet 3) must accompany every application for local approval. Among other things, the worksheet shows the operator’s ratio of acres to animal units under par. (c).

ATCP 51.16 Note Paragraph (c) is an exemption, not a requirement, for livestock facilities. If a livestock facility qualifies for exemption under par. (c), the operator is not required to submit a nutrient management checklist under par. (a). The ratios stated in par. (c) are based on the phosphorus content of manure from the respective livestock species.

ATCP 51.16(2) (2) Presumption. For purposes of local approval, an operator is presumed to comply with sub. (1) if the application for local approval complies with s. ATCP 51.30.

ATCP 51.16 Note Note: Under s. ATCP 51.30, an application must be complete, credible and internally consistent. The application must include, among other things, a waste and nutrient management worksheet (Appendix A, worksheet 3). The completed worksheet must include all of the following:

ATCP 51.16 Note • The types and amounts of manure and other organic waste that the facility will generate when fully populated.

ATCP 51.16 Note • The types and amounts of waste to be stored, the waste storage facilities and methods to be used, the duration of waste storage, and waste storage capacity.

ATCP 51.16 Note • The final disposition of waste by landspreading or other means.

ATCP 51.16 Note • The acreage currently available for landspreading.

ATCP 51.16 Note • A map showing where waste will be applied to land.

ATCP 51.16 Note • A nutrient management checklist if required under sub. (1).

ATCP 51.16 Note Local approval is conditioned upon compliance in fact (see s. ATCP 51.34 (4)). The presumption in sub. (2) may be rebutted by clear and convincing evidence in the record (see ss. ATCP 51.34 and 51.36).

ATCP 51.16(3) (3) Nutrient management updates. An operator may update nutrient management plans and practices as necessary, consistent with sub. (1) (a) 1.

ATCP 51.16 Note Note: This subsection does not require an operator to file updates with a political subdivision, but neither does it limit local authority to request updates or monitor compliance with sub. (1) (a) 1. See s. ATCP 51.34 (4).

ATCP 51.16(4) (4) Exemption. This section does not apply if all of the following apply:

ATCP 51.16(4)(a) (a) The operator holds a WPDES permit for the same proposed livestock facility, and that permit is based on housing for a number of animal units that is equal to or greater than the number for which the operator seeks local approval.

ATCP 51.16(4)(b) (b) The operator submits a copy of the WPDES permit with the operator’s application for local approval.

ATCP 51.16 History History: CR 05-014: cr. Register April 2006 No. 604, eff. 5-1-06.

ATCP 51.18 ATCP 51.18 Waste storage facilities.

ATCP 51.18(1) (1) Design, construction and maintenance; general. All waste storage facilities for a livestock facility shall be designed, constructed and maintained to minimize the risk of structural failure, and to minimize the potential for waste discharge to surface water or groundwater. A waste storage facility may not lack structural integrity or have significant leakage. An unlined earthen waste storage facility may not be located on a site that is susceptible to groundwater contamination.

ATCP 51.18 Note Note: A “site that is susceptible to groundwater contamination” is defined in s. ATCP 51.01 (39).

ATCP 51.18(2) (2) Existing facilities. For purposes of local approval, an existing waste storage facility is presumed to comply with sub. (1) if a registered professional engineer or certified agricultural engineering practitioner certifies one of the following in the application for local approval:

ATCP 51.18(2)(a) (a) The facility is constructed of concrete or steel or both, was constructed within the last 10 years according to then-existing NRCS standards, and shows no apparent signs of structural failure or significant leakage.

ATCP 51.18(2)(b) (b) The facility was constructed within the last 3 years according to then-existing NRCS standards, and shows no apparent signs of structural failure or significant leakage.

ATCP 51.18(2)(c) (c) The facility was constructed according to NRCS standards that existed at the time of construction, is in good condition and repair, and shows no apparent signs of structural failure or significant leakage.

ATCP 51.18(2)(d) (d) The facility is in good condition and repair, shows no apparent signs of structural failure or significant leakage, and is located on a site at which the soils and separation distances to groundwater comply with NRCS technical guide manure storage facility standard 313, table 1 (November, 2004).

ATCP 51.18(2)(e) (e) The facility is in good condition and repair, shows no apparent signs of structural failure or significant leakage, is located entirely above ground, and is located on a site at which the soils comply with NRCS technical guide manure storage facility standard 313, table 5 (November, 2004).

ATCP 51.18 Note Note: According to s. ATCP 51.30, an application for local approval must include a certification under sub. (2) for each existing waste storage facility. See Appendix A, worksheet 4 (waste storage facilities).

ATCP 51.18(3) (3) New or substantially altered facilities. For purposes of local approval, a new or substantially altered waste storage facility is presumed to comply with sub. (1) if all of the following apply:

ATCP 51.18(3)(a) (a) The application for local approval includes design specifications for the facility.

ATCP 51.18(3)(b) (b) A registered professional engineer or certified agricultural engineering practitioner certifies that the design specifications comply with all of the following:

ATCP 51.18(3)(b)1. 1. NRCS technical guide manure storage facility standard 313 (November, 2004).

ATCP 51.18(3)(b)2. 2. NRCS technical guide manure transfer standard 634 (November, 2004).

ATCP 51.18 Note Note: According to s. ATCP 51.30, an application for local approval must include the design specifications and certification to which sub. (3) refers. See Appendix A, worksheet 4 (waste storage facilities).

ATCP 51.18(4) (4) Closed facilities. If a waste storage facility is closed as part of the construction or expansion of a livestock facility, the closure shall comply with NRCS technical guide closure of waste impoundments standard 360 (December, 2002). A closure is presumed to comply with this subsection, for purposes of local approval, if the application for local approval includes the closure plan and certification required under s. ATCP 51.30.

ATCP 51.18 Note Note: According to s. ATCP 51.30, an application for local approval must identify any waste storage facilities to be closed. The application must include a closure plan for each identified facility. A registered professional engineer or certified agricultural engineering practitioner must certify that the closure plan complies with NRCS technical guide closure of waste impoundments standard 360 (December 2002). See Appendix A, worksheet 4 (waste storage facilities).

ATCP 51.18 Note Under s. NR 151.05 (3) and (4), an operator must normally close a manure storage facility if the facility has not been used for 24 months, or poses an imminent threat to public health, aquatic life or groundwater.

ATCP 51.18 Note If a waste storage facility is abandoned or not properly closed, a political subdivision may seek redress under s. 66.0627 or 254.59, Stats., as appropriate.

ATCP 51.18(5) (5) Storage capacity.

ATCP 51.18(5)(a) (a) The waste storage capacity of a livestock facility, not counting any excess storage capacity required for open waste storage facilities under par. (b), shall be adequate for reasonably foreseeable storage needs based on the operator’s waste and nutrient management strategy under s. ATCP 51.16.

ATCP 51.18 Note Note: Section ATCP 51.20 (5) prohibits overflow of waste storage facilities. See also ss. NR 151.08 (2) and ATCP 50.04 (1).

ATCP 51.18(5)(b) (b) An operator shall at all times maintain, in every open waste storage facility, unused storage capacity equal to the greater of the following volumes:

ATCP 51.18(5)(b)1. 1. One foot multiplied by the top area of the storage facility.

ATCP 51.18(5)(b)2. 2. The volume of rain that would accumulate in the manure storage facility from a 25-year 24-hour storm.

ATCP 51.18 Note Note: The required excess storage capacity in par. (b), often called “freeboard storage,” provides a safety factor to prevent manure storage overflow in the event of a major rain event.

ATCP 51.18(5)(c) (c) The waste storage capacity of a livestock facility is presumed to comply with this subsection, for purposes of a local approval, if the application for local approval complies with s. ATCP 51.30.

ATCP 51.18 Note Note: Under s. ATCP 51.30, an application must be complete, credible and internally consistent. An application must include a waste and nutrient management worksheet (worksheet 3, signed by the operator and a qualified nutrient management planner) and a waste storage facility worksheet (worksheet 4, signed by a registered professional engineer or certified agricultural engineering practitioner). Worksheet 3 must identify waste storage needs, based on the operator’s landspreading and waste disposal strategy. Worksheet 3 must also show waste storage capacity, consistent with worksheet 4. Capacity must be adequate for reasonably foreseeable needs.

ATCP 51.18(6) (6) Deviation from design specifications. Local approval of a livestock facility does not authorize an operator to populate that approved livestock facility if the construction, alteration or closure of a waste storage facility deviates materially, and without express authorization from the political subdivision, from the design specifications or closure plan included in the application for local approval.

ATCP 51.18 Note Note: A political subdivision may inspect waste storage facilities to verify that they are constructed according to specifications included in the application for local approval. This section does not require or prohibit local inspection. A deviation under sub. (6) does not invalidate a local approval, but does prevent the livestock operator from populating the approved livestock facility until the deviation is rectified or approved.

ATCP 51.18 Note This chapter does not limit the application of local waste storage ordinances, except in connection with the approval of a new or expanded livestock facility. For example, if a livestock operator constructs a new waste storage structure without adding “animal units” for which local approval is required, the construction must comply with the local waste storage ordinance if any.

ATCP 51.18 Note But if a livestock operator proposes to add “animal units” and construct a new waste storage structure, to create an “expanded livestock facility” for which local approval is required, the waste storage standards in this chapter are controlling. A political subdivision may not disapprove the expansion, except for reasons provided under this chapter.

ATCP 51.18(7) (7) Exemption. This section does not apply if all of the following apply:

ATCP 51.18(7)(a) (a) The operator holds a WPDES permit for the same proposed livestock facility, and that permit is based on housing for a number of animal units that is equal to or greater than the number for which the operator seeks local approval.

ATCP 51.18(7)(b) (b) The operator includes a copy of the WPDES permit with the operator’s application for local approval.

ATCP 51.18 History History: CR 05-014: cr. Register April 2006 No. 604, eff. 5-1-06.

ATCP 51.20 ATCP 51.20 Runoff management.

ATCP 51.20(1) (1) New or substantially altered animal lots. New or substantially altered animal lots shall comply with NRCS technical guide wastewater treatment strip standard 635 (January, 2002).

ATCP 51.20(2) (2) Existing animal lots.

ATCP 51.20(2)(a) (a) The predicted average annual phosphorus runoff from each existing animal lot to the end of the runoff treatment area, as determined by the BARNY model, shall be less than the following applicable amount:

ATCP 51.20(2)(a)1. 1. Fifteen pounds if no part of the animal lot is located within 1,000 feet of a navigable lake or 300 feet of a navigable stream.

ATCP 51.20(2)(a)2. 2. Five pounds if any part of the animal lot is located within 1,000 feet of a navigable lake or 300 feet of a navigable stream.

ATCP 51.20 Note Note: The BARNY model is a computer model that predicts nutrient runoff from animal lots. Copies of the BARNY model are on file with the department and the legislative reference bureau. An Excel spreadsheet version may be obtained from the NRCS Wisconsin website (engineering directory).

ATCP 51.20(2)(b) (b) Runoff from an animal lot may not discharge to any direct conduit to groundwater.

ATCP 51.20 Note Note: See ss. NR 151.08 (4) and ATCP 50.04 (1). A direct conduit to groundwater may include, for example, a sinkhole.

ATCP 51.20(3) (3) Feed storage.

ATCP 51.20(3)(a) (a) Feed storage shall be managed to prevent any significant discharge of leachate or polluted runoff from stored feed to waters of the state.

ATCP 51.20(3)(b) (b) If an existing paved area may be used, without substantial alteration, to store or handle feed with a 70% or higher moisture content:

ATCP 51.20(3)(b)1. 1. Surface water runoff shall be diverted from entering the paved area.

ATCP 51.20(3)(b)2. 2. Surface discharge of leachate from stored feed shall be collected before it leaves the paved area, if the paved area covers more than one acre. Collected leachate shall be stored and disposed of in a manner that prevents discharge to waters of the state.

ATCP 51.20 Note Note: Feed leachate is a potentially serious water pollutant. Paved areas include paved feed storage bunkers and handling areas. Collected leachate may, for example, be transferred to waste storage and applied to land at agronomic rates.

ATCP 51.20(3)(c) (c) A new or substantially altered feed storage structure, including any building, bunker, silo or paved area used for feed storage or handling, shall be designed, constructed and maintained to the following standards if it may used to store or handle feed with a 70% or higher moisture content:

ATCP 51.20(3)(c)1. 1. Surface water runoff shall be diverted from entering the feed storage structure.

ATCP 51.20(3)(c)2. 2. Surface discharge of leachate shall be collected before it leaves the feed storage structure.

ATCP 51.20(3)(c)3. 3. The top of the feed storage structure floor shall be at least 3 vertical feet from groundwater and bedrock.

ATCP 51.20(3)(c)4. 4. If the feed storage structure covers more than 10,000 square feet, it shall have an effective subsurface system to collect leachate that may leak through the structure floor. The system shall consist of drainfill material, a tile drainage network, and an effective sub-liner as specified in Appendix A, worksheet 5, section II.C.

ATCP 51.20(3)(c)5. 5. Collected leachate shall be stored and disposed of in a manner that prevents discharge to surface water or groundwater.

ATCP 51.20 Note Note: Collected leachate may, for example, be transferred to waste storage and applied to land at agronomic rates.

ATCP 51.20(4) (4) Clean water diversion. Runoff from a livestock facility shall be diverted from contact with animal lots, waste storage facilities, paved feed storage areas and manure piles within 1,000 feet of a navigable lake or 300 feet of a navigable stream.

ATCP 51.20 Note Note: See ss. NR 151.06 and ATCP 50.04 (1). Runoff may be diverted by means of earthen diversions, curbs, gutters, waterways, drains or other practices, as appropriate.

ATCP 51.20(5) (5) Overflow of waste storage facilities. A livestock facility shall be designed, constructed and maintained to prevent overflow of waste storage facilities.

ATCP 51.20 Note Note: Under s. ATCP 51.18 (5), waste storage capacity must be adequate to meet reasonably foreseeable storage needs, based on the operator’s waste and nutrient management strategy under s. ATCP 51.16. See also ss. NR 151.08 (2) and ATCP 50.04 (1).

ATCP 51.20(6) (6) Unconfined manure piles. A livestock facility may not have any unconfined manure piles within 1,000 feet of a navigable lake or 300 feet of a navigable stream.