NR 151.003(2)(a)(a) New development runoff. Except as allowed under par. (b), BMPs designed to treat post-construction runoff from new development may not be located in navigable waters and, for purposes of determining compliance with the performance standards of subchs. III and IV, the department may not give credit for such BMPs. NR 151.003(2)(b)(b) New development runoff exemption. BMPs to treat post-construction runoff from new development may be located within navigable waters and may be creditable by the department under subchs. III and IV, if all the following are met: NR 151.003(2)(b)1.1. The BMP was constructed prior to October 1, 2002, and received all applicable permits. NR 151.003(2)(b)2.2. The BMP functions or will function to provide runoff treatment for the new development. NR 151.003(2)(c)(c) Existing development and post-construction runoff from redevelopment and in-fill development. Except as provided in par. (d), BMPs that function to provide runoff treatment for existing development and post-construction runoff from redevelopment and in-fill development may not be located in navigable waters and, for purposes of determining compliance with the performance standards of subchs. III and IV, the department may not give credit for such BMPs. NR 151.003(2)(d)(d) Existing development and post-construction runoff from redevelopment and in-fill development exemption. BMPs that function to provide treatment of runoff from existing development and post-construction runoff from redevelopment and in-fill development may be located within navigable waters and may be creditable by the department under subchs. III and IV, if any of the following are met: NR 151.003(2)(d)1.1. The BMP was constructed, contracts were signed or bids advertised and all applicable permits were received prior to January 1, 2011. NR 151.003(2)(d)2.2. The BMP is on an intermittent waterway and all applicable permits are received. NR 151.003 NoteNote: An intermittent waterway may be identified on a United States geological survey 7.5-minute series topographic map, a county soil survey map, the Surface Water Data Viewer Map, 24K hydro layer on the department’s website, or determined by the department through a site evaluation, whichever is more current. The Surface Water Data Viewer Map, 24K hydro layer is available at http://dnr.wi.gov/topic/surfacewater/swdv/. NR 151.003(3)(3) Credit. The amount of credit that the department may give a BMP for purposes of determining compliance with the performance standards of subchs. III and IV is limited to the treatment capability of the BMP. NR 151.003 NoteNote: This section does not supersede any other applicable federal, state, or local regulation such as ch. NR 103 or ch. 30, Stats. Federal, state, and local permits or approvals may be required to excavate, dredge, fill, or construct BMPs in or near wetlands, non-navigable or navigable waters. Other permits and approvals may not be authorized where the BMP construction will result in adverse environmental impacts to the waterway or wetland. NR 151.004NR 151.004 State targeted performance standards. Implementation of the statewide performance standards and prohibitions in this chapter may not be sufficient to achieve water quality standards under chs. NR 102 to 105 or groundwater standards under ch. NR 140. In those cases, using modeling or monitoring, the department shall determine if a specific waterbody or area will not attain water quality standards or groundwater standards after substantial implementation of the performance standards and prohibitions in this chapter. If the department finds that water quality standards or groundwater standards will not be attained using statewide performance standards and prohibitions but the implementation of targeted performance standards would attain water quality standards or groundwater standards, the department shall promulgate the targeted performance standards by rule. NR 151.004 NoteNote: Pursuant to s. 281.16 (2) (a) and (3) (a), Stats., the performance standards shall be designed to meet state water quality standards. NR 151.004 NoteNote: Pursuant to s. 281.16 (3), Stats., the department of agriculture, trade and consumer protection shall develop or specify the best management practices, conservation practices or technical standards used to demonstrate compliance with a performance standard developed under s. NR 151.004. NR 151.005NR 151.005 Performance standard for total maximum daily loads. A crop producer or livestock producer subject to this chapter shall reduce discharges of pollutants from a livestock facility or cropland to surface waters if necessary to meet a load allocation in a US EPA and state approved TMDL. NR 151.005(1)(1) A crop producer or livestock producer subject to this chapter shall use the best management practices, conservation practices, or technical standards established under ch. ATCP 50 to meet a load allocation in a US EPA and state approved TMDL. NR 151.005(2)(2) If compliance with a more stringent or additional performance standard, other than the performance standards contained in this chapter, is required for crop producers or livestock producers to meet a load allocation in a US EPA and state approved TMDL, the department shall use the procedure in s. NR 151.004 to promulgate the more stringent or additional performance standard before compliance is required. NR 151.005 HistoryHistory: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11. NR 151.006NR 151.006 Applicability of maximum extent practicable. Maximum extent practicable applies when a person who is subject to a performance standard of subchs. III and IV demonstrates to the department’s satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, an applicant shall take into account the best available technology, cost effectiveness, geographic features, and other competing interests such as protection of public safety and welfare, protection of endangered and threatened resources, and preservation of historic properties. NR 151.006 HistoryHistory: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11. NR 151.01NR 151.01 Purpose. The purpose of this subchapter is to prescribe performance standards and prohibitions in accordance with the implementation and enforcement procedures contained in ss. NR 151.09 and 151.095 for agricultural facilities, operations and practices. NR 151.01 HistoryHistory: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02. NR 151.015NR 151.015 Definitions. In this subchapter: NR 151.015(1)(1) “Accounting period” means the crop rotation period over which compliance is measured and consists of the current year and extends back the previous 7 years moving forward each consecutive year creating a rolling time period not to exceed 8 years. NR 151.015(2)(2) “Closed depression” means a topographical basin where water ponds to a seasonal high water mark, has no external drainage, and drainage may occur either through direct conduits to groundwater or low areas where water ponds and infiltrates into the groundwater. Closed depressions may be identified using topographic maps and visual interpretation, ArcGIS tools, or other methods. A seasonal high water mark may include, but is not limited to, areas that collect and retain water for extended time periods (days or weeks) that result in areas of reduced or no crop growth. NR 151.015(2m)(2m) “Concentrated flow channel” means a natural channel or constructed channel that has been shaped or graded to required dimensions and established in perennial vegetation for the stable conveyance of runoff. Concentrated flow channel may also include non-vegetated channels caused by ephemeral erosion, intermittent streams, drainage ditches, and drainage ends identified on the NRCS soil survey and may be identified as contiguous up-gradient deflections of contour lines on the USGS 1:24,000 scale topographic map. NR 151.015(3)(3) “Conservation practice” means a best management practice designed to reduce or prevent soil or sediment loss to the waters of the state. NR 151.015(4)(4) “Crop producer” means an owner or operator of an operation engaged in crop related agricultural practices specified in s. 281.16 (1) (b), Stats. NR 151.015(5)(5) “Cropland practice” means the method, activity or management measure used to produce or harvest crops. NR 151.015(6)(6) “County land conservation committee” means the committee created by a county board under s. 92.06, Stats. “County land conservation committee” includes employees or agents of the committee whom, with committee authorization, act on behalf of the committee. NR 151.015(7)(a)(a) Runoff from a feedlot that can be predicted to discharge a significant amount of pollutants to surface waters of the state or to a direct conduit to ground water. NR 151.015(7)(b)(b) Runoff of stored manure, including manure leachate, that discharges a significant amount of pollutants to surface waters of the state or to a direct conduit to ground water. NR 151.015(7)(c)(c) Construction of a manure storage facility in permeable soils or over fractured bedrock without a liner designed in accordance with s. NR 154.04 (3). NR 151.015(7)(d)(d) Discharge of a significant amount of leachate from stored manure to waters of the state. NR 151.015(7m)(7m) “Established crop” means a growing annual crop, perennial crop, or cover crop that provides vegetative cover of the soil. NR 151.015(8)(8) “Feedlot” means a barnyard, exercise area, or other outdoor area where livestock are concentrated for feeding or other purposes and self-sustaining vegetative cover is not maintained. “Feedlot” does not include a winter grazing area or a bare soil area such as a cattle lane or a supplemental feeding area located within a pasture, provided that the bare soil area is not a significant source of pollution to waters of the state. NR 151.015(8h)(8h) “Infield bedrock verification” means determining bedrock depth using available data which may include well construction reports, location of drill cores or other subsurface investigations, location of quarries and natural bedrock outcrops, geophysical investigations, and uneven crop growth patterns that are linked to fracture traces in the field. NR 151.015(8t)(8t) “Liquid manure” has the meaning given in s. NR 243.03 (32) when applied to facilities subject to ch. NR 243, and the meaning given in UW A2809 for all other agricultural facilities where manure is generated. NR 151.015 NoteNote: Copies of the University of Wisconsin — Extension publication A2809 Nutrient Application Guidelines for Field, Vegetable, and Fruit Crops in Wisconsin, dated 2012 (A2809) may be inspected at the office of the department, the Wisconsin Department of Agriculture, Trade and Consumer Protection and the legislative reference bureau, Madison, Wisconsin. A2809 is also available electronically at: http://learningstore.uwex.edu/assets/pdfs/A2809.pdf. NR 151.015(9)(9) “Livestock facility” means a structure or system constructed or established on a livestock operation. NR 151.015(10)(10) “Livestock producer” means an owner or operator of a livestock operation. NR 151.015(11m)(11m) “Long term no-till” means no-till farming that has been implemented a minimum of 3 consecutive years. NR 151.015(12)(12) “Manure” means a material that consists primarily of excreta from livestock, poultry or other animals. NR 151.015(13)(13) “Manure storage facility” means an impoundment made by constructing an embankment or excavating a pit or dugout or by fabricating a structure to contain manure and other animal or agricultural wastes. NR 151.015(13j)(13j) “Mechanical application” means surface application, injection, or incorporation of manure on cropland or pastures using manure hauling vehicles or equipment. NR 151.015(15)(15) “Operator” means a person responsible for the oversight or management of equipment, facilities or livestock at a livestock operation, or is responsible for land management in the production of crops. NR 151.015(15e)(15e) “Overflow” means discharge of manure to the environment resulting from flow over the brim of a facility or from flow directed onto the ground through a man-made device including a pump or pipe. NR 151.015(15m)(15m) “Pasture” means land on which livestock graze or otherwise seek feed in a manner that maintains the vegetative cover over the grazing area. Pasture may include limited areas of bare soil such as cattle lanes and supplemental feeding areas provided the bare soil areas are not significant sources of pollution to waters of the state. NR 151.015(15s)(15s) “Phosphorus index” or “P-index” means Wisconsin’s agricultural land management planning tool for assessing the potential of a cropped or grazed field to contribute phosphorus to the surface water. NR 151.015(15w)(15w) “Pre-tillage” means using mechanical equipment to reduce soil preferential flow paths, worm holes, root holes, and cracks by turning and mixing the soil prior to and at least 2 inches below the depth of manure application. NR 151.015(17)(17) “Silurian bedrock” means the area in Wisconsin where the bedrock consists of Silurian dolomite with a depth to bedrock of 20 feet or less. This area comprises portions of the following counties: Brown, Calumet, Dodge, Door, Fond du Lac, Kenosha, Kewaunee, Manitowoc, Milwaukee, Outagamie, Ozaukee, Racine, Sheboygan, Walworth, Washington, and Waukesha. Areas where Silurian bedrock occurs in Wisconsin can be identified by the most current NRCS, Wisconsin Geological Natural History Survey, department of agriculture, trade and consumer protection, department of natural resources, county maps, or infield bedrock verification methods. NR 151.015(18)(c)(c) An area within 300 feet upslope or 100 feet downslope of a direct conduit to groundwater. NR 151.015(18)(e)(e) An area where the soil depth to groundwater or bedrock is less than 2 feet. NR 151.015(18)(f)(f) An area where the soil does not exhibit one of the following soil characteristics: NR 151.015(18)(f)1.1. At least a 2-foot soil layer with 40% fines or greater above groundwater and bedrock. NR 151.015(18)(f)2.2. At least a 3-foot soil layer with 20% fines or greater above groundwater and bedrock. NR 151.015(18)(f)3.3. At least a 5-foot soil layer with 10% fines, or greater above groundwater and bedrock. NR 151.015 NoteNote: See s. NR 151.002 (32) for definition of percent fines. NR 151.015(18g)(18g) “Soil texture” means the surface texture of the Silurian bedrock soil map unit. NR 151.015(18r)(18r) “Solid manure” has the meaning given in s. NR 243.03 (58) when applied to facilities subject to ch. NR 243, Wis. Adm. Code and the meaning given in UW A2809 for all other agricultural facilities where manure is generated. NR 151.015 NoteNote: Copies of the University of Wisconsin — Extension publication A2809 Nutrient Application Guidelines for Field, Vegetable, and Fruit Crops in Wisconsin, dated 2012 (A2809) may be inspected at the office of the department, the Wisconsin Department of Agriculture, Trade and Consumer Protection and the legislative reference bureau, Madison, Wisconsin. A2809 is also available electronically at: http://learningstore.uwex.edu/assets/pdfs/A2809.pdf. NR 151.015(19)(19) “Stored manure” means manure that is kept in a manure storage facility or an unconfined manure pile. NR 151.015(20)(20) “Substantially altered” means a change initiated by an owner or operator that results in a relocation of a structure or facility or significant changes to the size, depth or configuration of a structure or facility including: NR 151.015(20)(b)(b) An increase in the volumetric capacity or area of a structure or facility by greater than 20%. NR 151.015(20)(c)(c) A change in a structure or facility related to a change in livestock management from one species of livestock to another such as cattle to poultry. NR 151.015(21)(21) “Tolerable soil loss” or “T” means the maximum rate of erosion, in tons per acre per year, allowable for particular soils and site conditions that will maintain soil productivity. NR 151.015(22)(22) “Unconfined manure pile” means a quantity of manure that is at least 175 ft3 in volume and which covers the ground surface to a depth of at least 2 inches and is not confined within a manure storage facility, livestock housing facility or barnyard runoff control facility or covered or contained in a manner that prevents storm water access and direct runoff to surface water or leaching of pollutants to groundwater. NR 151.015(22m)(22m) “UW A2809” means the 2012 version of the University of Wisconsin – Extension Nutrient Application Guidelines for Field, Vegetable, and Fruit Crops in Wisconsin (A2809). NR 151.015 NoteNote: Copies of the University of Wisconsin — Extension publication A2809 Nutrient Application Guidelines for Field, Vegetable, and Fruit Crops in Wisconsin, dated 2012 (A2809) may be inspected at the office of the department, the Wisconsin Department of Agriculture, Trade and Consumer Protection and the legislative reference bureau, Madison, Wisconsin. A2809 is also available electronically at: http://learningstore.uwex.edu/assets/pdfs/A2809.pdf. NR 151.015(24)(24) “Water quality management area” or “WQMA” means the area within 1,000 feet from the ordinary high water mark of navigable waters that consist of a lake, pond or flowage, except that, for a navigable water that is a glacial pothole lake, the term means the area within 1,000 feet from the high water mark of the lake; the area within 300 feet from the ordinary high water mark of navigable waters that consist of a river or stream; and a site that is susceptible to groundwater contamination, or that has the potential to be a direct conduit for contamination to reach groundwater. NR 151.015(25)(25) “Winter grazing area” means a cropland or pasture where livestock feed on dormant vegetation or crop residue, with or without supplementary feed, during the period of October 1 to April 30.
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