NR 243.05 HistoryHistory: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07. NR 243.06(1)(1) A permittee may request a waiver or variance to a requirement of this chapter. Subject to sub. (2), the department may approve a variance from a requirement in this chapter when special circumstances show that a variance is needed and the approval of the variance will not negatively impact or threaten the environment or public health. A request for a variance shall be submitted in writing and shall specify the requirement in this chapter from which a variance is requested and the reasons a variance is needed. The department shall approve or deny the variance within 30 days after the request is submitted. NR 243.06(2)(2) The department may not grant a waiver or variance to a federal statutory or regulatory requirement or to a state statutory requirement. NR 243.06 NoteNote: If a permittee seeks approval of a variance to a requirement from this chapter that is specified in a WPDES permit, the permit must be modified to include the approved variance. Consequently, permittees should consider submitting any variance requests as part of the permit application process, so if approved, the variance can be incorporated into the permit.
NR 243.06 NoteNote: An animal feeding operation may participate in the Environmental Results Program (also known as the Green Tier Program) pursuant to s. 299.83, Stats. For more information on this innovative program that provides regulatory flexibility and superior environmental results, please contact the department at 608-267-3125. NR 243.06 HistoryHistory: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07. NR 243.07NR 243.07 Incorporation by reference. NR 243.07(1)(1) Code of federal regulations. 40 CFR 412.22 in effect as of July 1, 2007, is incorporated by reference for this chapter. This federal regulation references 40 CFR 125.30 through 125.32 and these federal regulations are also incorporated by reference for this chapter. Copies of these regulations are available for inspection at the offices of the department and the legislative reference bureau, Madison, Wisconsin. NR 243.07 NoteNote: Copies of these materials may be also be viewed online at www.gpo.gov, or may be purchased for personal use from: Superintendent of Documents, U.S. Government Printing Office, PO Box 371954, Pittsburgh, PA 15250-7954, phone: (202) 783-3238. NR 243.07(2)(2) Other materials. The materials listed in this section are incorporated by reference for this chapter. Some of the technical standards include secondary materials which are also incorporated by reference for this chapter. Copies of these materials are available for inspection at the offices of the department and the legislative reference bureau, Madison, Wisconsin. The materials incorporated by reference include: NR 243.07(2)(a)(a) NRCS Standard 313, dated December 2005. NRCS Standard 313, dated December 2005, includes all of the following materials: NR 243.07(2)(a)1.1. NRCS Agricultural Waste Management Field Handbook, Part 651, chs. 9 and 10, 1992. NR 243.07(2)(a)7.7. American Concrete Institute 318, Building Code Requirements for Reinforced Concrete, in effect as of July 1, 2007.
