ATCP 51.01 Note Note: A mere acquisition of a neighboring livestock facility does not constitute an “expansion” unless more animal units are added to the combined facilities.

ATCP 51.01 Note See sub. (14).

ATCP 51.01(36)(b) (b) They use one or more of the same livestock structures to collect or store manure.

ATCP 51.01(36)(c) (c) At least a portion of their manure is applied to the same landspreading acreage.

ATCP 51.01 Note Note: Compare definition of “animal feeding operation” under s. NR 243.03 (2). “Related livestock facilities” are treated as a single livestock facility for purposes of local approval, except that a “separate species facility” may be treated as a separate livestock facility. See subs. (19) and (38).

ATCP 51.01(37) (37) “Runoff” means storm water or precipitation including rain, snow, ice melt or similar water that moves on the land surface via sheet or channelized flow.

ATCP 51.01(38) (38) “Separate species facility” means a livestock facility that meets all of the following criteria:

ATCP 51.01(38)(a) (a) It has only one of the following types of livestock, and that type of livestock is not kept on any other livestock facility to which the separate species facility is related under sub. (36):

ATCP 51.01(38)(a)1. 1. Cattle.

ATCP 51.01(38)(a)2. 2. Swine.

ATCP 51.01(38)(a)3. 3. Poultry.

ATCP 51.01(38)(a)4. 4. Sheep.

ATCP 51.01(38)(a)5. 5. Goats.

ATCP 51.01 Note Note: For purposes of par. (a), cattle and poultry are different “types” of livestock, but dairy and beef cattle are livestock of the same “type” (“cattle”). Milking cows, heifers, calves and steers (all “cattle”) are livestock of the same “type.” Turkeys, ducks, geese and chickens are livestock of the same “type” (“poultry”).

ATCP 51.01(38)(b) (b) It has no more than 500 animal units.

ATCP 51.01(38)(c) (c) Its livestock housing and manure storage structures, if any, are separate from the livestock housing and manure storage structures used by livestock facilities to which it is related under sub. (36).

ATCP 51.01(38)(d) (d) It meets one of the following criteria:

ATCP 51.01(38)(d)1. 1. Its livestock housing and manure storage structures, if any, are located at least 750 feet from the nearest livestock housing or manure storage structure used by a livestock facility to which it is related under sub. (36).

ATCP 51.01(38)(d)2. 2. It and the other livestock facilities to which it is related under sub. (36) have a combined total of fewer than 1,000 animal units.

ATCP 51.01(39) (39) “Site that is susceptible to groundwater contamination” means any of the following:

ATCP 51.01(39)(a) (a) An area within 250 feet of a private well.

ATCP 51.01(39)(b) (b) An area within 1,000 feet of a municipal well.

ATCP 51.01(39)(c) (c) An area within 300 feet upslope or 100 feet downslope of a karst feature.

ATCP 51.01(39)(d) (d) A channel with a cross-sectional area equal to or greater than 3 square feet that flows to a karst feature.

ATCP 51.01(39)(e) (e) An area where the soil depth to groundwater or bedrock is less than 2 feet.

ATCP 51.01(39)(f) (f) An area where none of the following separates the ground surface from groundwater and bedrock:

ATCP 51.01(39)(f)1. 1. A soil layer at least 2 feet deep that has at least 40% fine soil particles.

ATCP 51.01(39)(f)2. 2. A soil layer at least 3 feet deep that has at least 20% fine soil particles.

ATCP 51.01(39)(f)3. 3. A soil layer at least 5 feet deep that has at least 10% fine soil particles.