Chapter NR 243

NR 243.19(2)(d)5. 5. Any corrective actions taken.

NR 243.19(3) (3) Reporting requirements.

NR 243.19(3)(a) (a) Corrective actions. If the permittee fails to take corrective action within 30 days of identifying a malfunction, failure or other problem identified under sub. (1), the permittee shall contact the department immediately following the 30-day period and provide an explanation for its failure to take action.

NR 243.19(3)(b) (b) Quarterly reporting requirements. The permittee shall summarize the results of the inspections conducted at the production area in a written quarterly report. The reports shall be maintained onsite until submittal as part of the annual report in par. (c). The report shall include the following information:

NR 243.19(3)(b)1. 1. Identified permit violations including all discharges of manure or process wastewater to surface waters, overflows of liquid manure or process wastewater storage and containment structures, and number of missed inspections.

NR 243.19(3)(b)2. 2. Dates, times and approximate volume of discharges in subd. 1.

NR 243.19(3)(b)3. 3. Corrective actions taken.

NR 243.19(3)(b)4. 4. A summary of the condition of runoff control systems and storage and containment structures.

NR 243.19(3)(b)5. 5. A summary of recorded levels of materials in liquid storage and containment structures, including exceedances of the maximum operating and margin of safety levels.

NR 243.19(3)(b)6. 6. Other information requested by the department in writing or in the permit.

NR 243.19(3)(c) (c) Annual reporting requirements. The permittee shall submit written annual reports to the department by the date specified in the WPDES permit for all manure and other process wastewater that is generated. These annual reports shall cover the previous calendar year or cropping year, as specified in the WPDES permit, and shall include the following:

NR 243.19(3)(c)1. 1. The quarterly reports required under par. (b).

NR 243.19(3)(c)2. 2. The number and type of mature and immature animals at the operation and whether the animals are in open confinement or housed under roof.

NR 243.19(3)(c)3. 3. The total amount of material in large CAFO storage or containment facilities, including manure and process wastewater generated by the large CAFO in the previous 12 months, precipitation and runoff diverted to storage or containment structures.

NR 243.19(3)(c)4. 4. Lab analyses of manure and process wastewater land applied in the previous 12 months, and the most recent soil test analysis completed for fields receiving manure or process wastewater in the previous 12 months.

NR 243.19(3)(c)5. 5. An annual spreading report summarizing manure and other process wastewater land application activities using form 3200-123 or a department-approved equivalent, indicating the following for each field receiving manure or process wastewater:

NR 243.19(3)(c)5.a. a. Date of application.

NR 243.19(3)(c)5.b. b. Information on the fields where manure or process wastewater is applied including field identification, slope and soil test phosphorus levels.

NR 243.19(3)(c)5.c. c. Acres applied.

NR 243.19(3)(c)5.d. d. Source and nutrient content of applied manure.

NR 243.19(3)(c)5.e. e. Current and previous field crops.

NR 243.19(3)(c)5.f. f. Nutrient balance indicating crop nutrient need in comparison to nutrients applied and credited from all sources.

NR 243.19(3)(c)5.g. g. Whether the soil was dry, wet, saturated, frozen or snow covered.

NR 243.19(3)(c)5.h. h. Method and rate of application in tons or gallons per acre.

NR 243.19(3)(c)5.i. i. Whether fields meet T.

NR 243.19(3)(c)5.j. j. Whether soil tests have been taken within the last 4 years.

NR 243.19(3)(c)5.k. k. Number of years of crop phosphorus need applied based on crop rotation.

NR 243.19(3)(c)5.L. L. For surface applications on frozen or snow-covered ground, whether any applied manure or process wastewater ran off the application site.

NR 243.19(3)(c)6. 6. Dates on which storage facilities were emptied to the 180-day level indicator.

NR 243.19(3)(c)7. 7. Total amount of manure and process wastewater distributed to another person by the permittee in accordance with s. NR 243.142 in the previous 12 months.

NR 243.19(3)(c)8. 8. Total number of acres for land application covered by the nutrient management plan developed in accordance with s. NR 243.14.

NR 243.19(3)(c)9. 9. Total number of acres actually used by the permittee for land application of manure and process wastewater in the previous 12 months.

NR 243.19(3)(c)10. 10. A statement indicating whether the current version of the permittee’s nutrient management plan was developed or approved by a certified nutrient management planner.

NR 243.19(3)(c)11. 11. Results of land application equipment inspections and calibration.

NR 243.19(3)(c)12. 12. Other information requested by the department in writing or in the permit.

NR 243.19 Note Note: Forms 3200-123 and 3200-123A can be obtained at regional offices of the department or the department’s Bureau of Watershed Management, 101 S. Webster St., P.O. Box 7921, Madison, Wisconsin 53707.

NR 243.19 History History: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.

subch. III of ch. NR 243 Subchapter III — Other Animal Feeding Operations

NR 243.21 NR 243.21 Purpose. The purpose of this subchapter is to establish procedures, in cooperation with other federal and state agencies and governmental units, for addressing unacceptable practices through the issuance of a notice of discharge or WPDES permit under s. 281.16 or ch. 283, Stats. Animal feeding operations with fewer than 1000 animal units that have unacceptable practices are subject to this subchapter.

NR 243.21 History History: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.

NR 243.23 NR 243.23 General requirements for animal feeding operations.

NR 243.23(1) (1) Livestock performance standards and prohibitions.

NR 243.23(1)(a) (a) Owners and operators of animal feeding operations shall comply with the livestock performance standards and prohibitions in accordance with the requirements s. NR 151.095.

NR 243.23(1)(b) (b) The department may grant a variance to livestock performance standards or accepted management practices consistent with s. NR 151.097. A variance may not be granted to a livestock prohibition or other statutory requirements.

NR 243.23 Note Note: Additional procedures for implementing cropland performance standards are included in ch. NR 151.

NR 243.23 Note Note: Under s. 281.16 (3) (e), Stats., an owner or operator may not be required by the state, or a governmental unit through an ordinance or regulation, to bring existing livestock facilities into compliance with the livestock performance standards or prohibitions, technical standards or conservation practices unless cost sharing is available.

NR 243.23 History History: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.

NR 243.24 NR 243.24 Department discharge determination and NODs. Unless based on information provided as part of a WPDES permit application submitted pursuant to s. NR 243.26 (1), no determination may be made by the department that an unacceptable practice exists at an operation until there has been an onsite investigation by the department or a federal or state agency or governmental unit.

NR 243.24(1) (1) Categories of unacceptable practices. The department shall identify the categories of discharge associated with unacceptable practices pursuant to the following criteria:

NR 243.24(1)(a) (a) Category I. A category I unacceptable practice is a practice or facility at an animal feeding operation that causes a point source discharge of pollutants to navigable waters by either of following means:

NR 243.24(1)(a)1. 1. Pollutants are discharged into navigable waters through a man-made ditch, flushing system or other similar man-made device.

NR 243.24(1)(a)2. 2. Pollutants are discharged into navigable waters that originate outside of the operation and pass over, across or through the operation or otherwise come into direct contact with the animals confined at the operation.

NR 243.24(1)(b) (b) Category II. A category II unacceptable practice is a practice or facility at an animal feeding operation that causes a discharge of pollutants to waters of the state that is the result of an owner’s or operator’s failure to comply with a livestock performance standard or prohibition in ss. NR 151.05 to 151.08. For Category II discharges, waters of the state has the meaning specified under s. 281.01 (18), Stats.

NR 243.24(1)(c) (c) Category III. A category III unacceptable practice is a practice or facility at an animal feeding operation that caused a discharge of pollutants to waters of the state and that is not described in par. (a) or (b).

NR 243.24(2) (2) Coordination with governmental units. Unless an unacceptable practice is an imminent threat to public health or fish and aquatic life, the department shall notify the appropriate governmental unit prior to taking any of the following actions:

NR 243.24(2)(a) (a) Contacting an owner or operator of an animal feeding operation under the procedures in this subchapter to investigate a discharge from an unacceptable practice.

NR 243.24(2)(b) (b) Issuing an NOD for a category II unacceptable practice.

NR 243.24(2)(c) (c) Taking enforcement action under s. 281.98, Stats., against an owner or operator of an animal feeding operation for failing to comply with a livestock performance standard or prohibition.

NR 243.24(3) (3) Department action. If the department determines that an unacceptable practice exists at an operation based on its own onsite investigation, an investigation conducted by a federal or state agency or governmental unit, or information provided as part of WPDES permit application, the department may take any of the following actions:

NR 243.24(3)(a) (a) For all unacceptable practices.

NR 243.24(3)(a)1. 1. The department may coordinate with a designated governmental unit to address the unacceptable practice and provide assistance to the owner or operator. This contact shall be made as soon as possible after the determination that an unacceptable practice exists at an operation to maximize opportunities for the governmental unit to provide assistance to the owner or operator.

NR 243.24(3)(a)2. 2. The department may issue a notice of intent to issue an NOD.

NR 243.24(3)(b) (b) Category I unacceptable practices. For category I unacceptable practices, the department may take any of the following actions:

NR 243.24(3)(b)1. 1. Issue an NOD to the owner or operator of the animal feeding operation to address the unacceptable practices.

NR 243.24(3)(b)2. 2. Send the owner or operator a permit application if the owner or operator has not filed a WPDES permit application pursuant to s. NR 243.26.

NR 243.24(3)(b)3. 3. Designate the operation as a CAFO under s. NR 243.26 (2).

NR 243.24(3)(b)4. 4. Take direct enforcement action.

NR 243.24 Note Note: In general, the department considers factors such as the degree of harm to a waterbody and the level of mismanagement or negligence by an owner or operator when deciding whether to take direct enforcement action.

NR 243.24(3)(c) (c) Category II unacceptable practices. For category II unacceptable practices, the department may take any of the following actions:

NR 243.24(3)(c)1. 1. Issue an NOD if requested by a governmental unit or if a governmental unit is not addressing a facility’s noncompliance with livestock performance standards or prohibitions in a manner consistent with the procedures established in ch. NR 151.

NR 243.24(3)(c)2. 2. Follow the procedures outlined in s. NR 151.095.

NR 243.24(3)(c)3. 3. Designate the operation as a medium or small CAFO under s. NR 243.26 (2).

NR 243.24(3)(d) (d) Category III unacceptable practices. For category III unacceptable practices, the department may take any of the following actions:

NR 243.24(3)(d)1. 1. Issue an NOD to the owner or operator.

NR 243.24(3)(d)2. 2. Take direct enforcement action.

NR 243.24(3)(d)3. 3. Designate the operation as a medium or small CAFO under s. NR 243.26 (2).

NR 243.24 Note Note: In most cases, the department will rely on governmental units to fully implement the livestock performance standards and prohibitions and address impacts to water quality from category II unacceptable practices. The department intends to issue NODs in accordance with this section in cases where a governmental unit has requested assistance in implementing and enforcing the performance standards or prohibitions or in cases where a governmental unit has failed to appropriately address unacceptable practices at animal feeding operations in a timely manner. The department recognizes that coordination between governmental units, the department of agriculture, trade and consumer protection and other state agencies is needed to achieve statewide compliance with the performance standards and prohibitions. Accordingly, the department has worked with counties, the department of agriculture, trade and consumer protection and other interested partners to develop a detailed intergovernmental strategy for achieving compliance with the performance standards and prohibitions that recognizes the procedures in this subchapter, state basin plans and the priorities established in land and water conservation plans.

NR 243.24(4) (4) Notice of discharge.

NR 243.24(4)(a) (a) If the department issues an NOD to an owner or operator of an animal feeding operation, it shall be sent certified mail, return receipt requested or personal delivery.

NR 243.24(4)(b) (b) The department shall include all of the following information in an NOD:

NR 243.24(4)(b)1. 1. A summary of the results of the onsite investigation used to determine that unacceptable practices exist at an operation. The summary shall include a determination of the category of the unacceptable practice that exists at the operation. The department shall provide a copy of the summary to the animal feeding operation and appropriate governmental unit.

NR 243.24(4)(b)2. 2. One or more suggested corrective measures for the unacceptable practice identified in the summary report. The department may amend an NOD at any time to reflect changes to suggested corrective measures based on further evaluation and planning associated with addressing the unacceptable practice.

NR 243.24(4)(b)3. 3. A list of known governmental or private services that may be available to provide technical or financial assistance.

NR 243.24(4)(b)4. 4. For category II unacceptable practices, the NOD shall contain determinations consistent with s. NR 151.095, except that the length of the compliance period shall be determined in accordance with subd. 5. Determinations required under s. NR 151.095 may be included as part of the NOD or as amendments to the NOD.

NR 243.24 Note Note: Section NR 151.095 contains the criteria and establishes the procedures for determining when cost sharing is required for eligible costs associated with corrective measures and when cost sharing is considered to have been made available. Cost sharing is not required for new facilities and for practices that do not involve eligible costs, such as moving a manure pile. Cost sharing for eligible costs may be available under ch. NR 120 or 153.

NR 243.24(4)(b)5. 5. A reasonable compliance period for implementing necessary corrective measures shall be specified in the NOD. The compliance period identified in the NOD shall be determined by the department in accordance with the following:

NR 243.24(4)(b)5.a. a. The length of the compliance period shall be from 60 days to 2 years unless otherwise provided for in this paragraph.

NR 243.24(4)(b)5.b. b. The length of the compliance period may be less than 60 days if the site is an imminent threat to public health or fish and aquatic life.

NR 243.24(4)(b)5.c. c. The compliance period may not be more than 2 years unless an alternative compliance period has been mutually agreed upon by the department and the owner or operator of the animal feeding operation.