ATCP 51.14 NoteNote: For example, a dairy operator can take advantage of sub. (3) if a proposed dairy facility includes a milking operation (cluster 1) and a heifer facility (cluster 2) located 800 feet from each other.

ATCP 51.14(4)(a)(a) Notwithstanding sub. (1), a political subdivision may in its discretion approve a livestock facility with an odor score of less than 500, provided that the odor score is not less than 470.

ATCP 51.14(4)(b)(b) If a political subdivision exercises its discretionary authority under par. (a), its written decision under s. ATCP 51.34 (3) shall state the reason or reasons for that exercise of discretionary authority.

ATCP 51.14(4)(c)(c) The livestock facility siting review board may not review any of the following under s. 93.90 (5), Stats.:

ATCP 51.14(4)(c)1.1. A political subdivision’s exercise, or refusal to exercise, discretionary authority under par. (a).

ATCP 51.14(4)(c)2.2. The adequacy of the political subdivision’s stated reasons under par. (b) for exercising discretionary authority under par. (a).

ATCP 51.14 NoteNote: A political subdivision must approve a livestock facility that meets the odor standard under sub. (1), assuming that the facility meets other livestock facility siting standards under this chapter (see ATCP 51.34 (1)).

ATCP 51.14 NoteA political subdivision may not approve a livestock facility that fails to meet the odor standard under sub. (1), except that the political subdivision may exercise its discretionary authority under sub. (4) (a) in favor of an applicant if it chooses to do so. For example, a political subdivision may exercise its discretionary authority under sub. (4) (a) based on factors such as community tolerance, the applicant’s near attainment of a standard, innovative odor control practices, local land use plans, or the applicant’s past reputation for good management and community relations.

ATCP 51.14(5)(5) Credits for odor control practices. In the calculation of predicted odor under sub. (1), an operator may claim credit for all of the following:

ATCP 51.14(5)(a)(a) Odor control practices, identified in Appendix A, worksheet 2, which the operator agrees to implement. For each odor control practice, the operator may claim a credit specified in Appendix A, worksheet 2.

ATCP 51.14(5)(b)(b) An odor control practice not identified in Appendix A, worksheet 2 if the department pre-approves a credit for that practice. The operator shall claim the pre-approved credit according to the procedure specified in Appendix A, worksheet 2.

ATCP 51.14(5)(c)(c) An operator seeking department approval under par. (b) shall submit all of the following to the department in writing:

ATCP 51.14(5)(c)2.2. Scientific evidence to substantiate the efficacy of the odor control practice under relevant conditions.

ATCP 51.14(5)(d)(d) The department may approve a credit for an odor control practice under par. (b) if, in the department’s opinion, there is adequate scientific evidence to show that under relevant conditions the practice will result in odor reduction commensurate with the approved credit. The department shall grant or deny the request within 90 days after the department receives the request.

ATCP 51.14 NoteNote: An odor control practice credit under sub. (5) is expressed, in the odor score calculation in Appendix A, worksheet 2, as a multiplier value (the lower the multiplier, the greater the benefit to the livestock operator).

ATCP 51.14(6)(a)(a) Whenever an operator seeks local approval for the expansion of a livestock facility previously approved under this chapter, the operator may calculate an odor score under sub. (1) by reference to the same affected neighbors referenced in the odor score calculation for the prior local approval. The operator is not required to include, in the new odor score calculation, an affected neighbor that was not referenced in the odor score calculation for the prior local approval.

ATCP 51.14(6)(b)(b) Paragraph (a) applies regardless of any change in ownership of the livestock facility since the prior local approval, and regardless of the amount of time that has passed since the prior local approval, provided that the prior local approval has not been lawfully withdrawn for good cause under s. ATCP 51.08 (2) or 51.34 (4) (b).

ATCP 51.14 NoteNote: The odor score calculation in Appendix A, worksheet 2 is partly based on the proximity and density of “affected neighbors” (see ATCP 51.01 (2)). An application for local approval documents those “affected neighbor” reference points. Subsection (6) protects an operator against the effects of encroaching development, without regulating that development directly.

ATCP 51.14 NoteA local government must keep a complete record of each local approval for at least 7 years, and must file with DATCP a copy of each approval (including the application on which it was based). The local government must also provide the livestock operator with documentation of the local approval, including the maps on which the approval was based (see s. ATCP 51.34 (3) (b)). The approved maps document the “odor score” reference points for purposes of sub. (6).

ATCP 51.14 NoteThe livestock operator can record the local approval (including mapped “odor score” reference points) with the local register of deeds, and can convey the documentation to subsequent purchasers. In those ways, an operator can document previously-approved “odor score” reference points for purposes of a subsequent expansion.

ATCP 51.14(7)(7) Presumption. For purposes of local approval, a livestock facility is presumed to comply with this section if the application for local approval complies with s. ATCP 51.30.

ATCP 51.14 NoteNote: Under s. ATCP 51.30, an application must be complete, credible and internally consistent. The application must include, among other things, a worksheet (or equivalent spreadsheet output) that shows compliance with this section. See Appendix A, worksheet 2. Local approval is conditioned upon compliance in fact (see s. ATCP 51.34 (4)). The presumption in sub. (7) may be rebutted by clear and convincing evidence in the record (see s. ATCP 51.34 and 51.36).