ATCP 51.20(3)(c)(c) A new or substantially altered feed storage structure, including any building, bunker, silo or paved area used for feed storage or handling, shall be designed, constructed and maintained to the following standards if it may used to store or handle feed with a 70% or higher moisture content:

ATCP 51.20(3)(c)4.4. If the feed storage structure covers more than 10,000 square feet, it shall have an effective subsurface system to collect leachate that may leak through the structure floor. The system shall consist of drainfill material, a tile drainage network, and an effective sub-liner as specified in Appendix A, worksheet 5, section II.C.

ATCP 51.20 NoteNote: Collected leachate may, for example, be transferred to waste storage and applied to land at agronomic rates.

ATCP 51.20(4)(4) Clean water diversion. Runoff from a livestock facility shall be diverted from contact with animal lots, waste storage facilities, paved feed storage areas and manure piles within 1,000 feet of a navigable lake or 300 feet of a navigable stream.

ATCP 51.20 NoteNote: See ss. NR 151.06 and ATCP 50.04 (1). Runoff may be diverted by means of earthen diversions, curbs, gutters, waterways, drains or other practices, as appropriate.

ATCP 51.20(5)(5) Overflow of waste storage facilities. A livestock facility shall be designed, constructed and maintained to prevent overflow of waste storage facilities.

ATCP 51.20 NoteNote: Under s. ATCP 51.18 (5), waste storage capacity must be adequate to meet reasonably foreseeable storage needs, based on the operator’s waste and nutrient management strategy under s. ATCP 51.16. See also ss. NR 151.08 (2) and ATCP 50.04 (1).

ATCP 51.20(6)(6) Unconfined manure piles. A livestock facility may not have any unconfined manure piles within 1,000 feet of a navigable lake or 300 feet of a navigable stream.

ATCP 51.20 NoteNote: See ss. NR 151.08 (3) and ATCP 50.04 (1).

ATCP 51.20(7)(7) Livestock access to surface waters of the state. A livestock facility shall be designed, constructed and maintained to prevent unrestricted livestock access to surface waters of the state, if that access will prevent adequate vegetative cover on banks adjoining the water. This subsection does not prohibit a properly designed, installed and maintained livestock crossing or machinery crossing.

ATCP 51.20 NoteNote: See ss. NR 151.08 (5) and ATCP 50.04 (1).

ATCP 51.20(8)(8) 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 51.20 NoteNote: Under s. ATCP 51.30, an application must be complete, credible and internally consistent. An applicant must submit a runoff management worksheet signed by the applicant and a registered professional engineer or certified agricultural engineering practitioner (see Appendix A, worksheet 5). The worksheet shows presumptive compliance with this section. Local approval is conditioned upon compliance in fact (see sub. (9) and s. ATCP 51.34 (4)). The presumption of compliance may be rebutted by clear and convincing evidence in the record (see ss. ATCP 51.34 and 51.36).

ATCP 51.20(9)(9) Deviation from design specifications. Local approval of a livestock facility does not authorize an operator to populate that approved livestock facility if the construction or alteration of an animal lot or feed storage structure deviates materially, and without express authorization from the political subdivision, from design specifications included in the application for local approval.

ATCP 51.20 NoteNote: A political subdivision may inspect animal lots or feed storage structures to verify that they are constructed according to specifications included in the application for local approval. This section does not require or prohibit local inspection. A deviation under sub. (9) does not invalidate a local approval, but does prevent the livestock operator from populating the approved livestock facility until the deviation is rectified or approved.

ATCP 51.20(10)(a)(a) The operator holds a WPDES permit for the same proposed livestock facility, and that permit is based on housing for a number of animal units that is equal to or greater than the number for which the operator seeks local approval.

ATCP 51.30(1)(1) General. If local approval is required for a new or expanded livestock facility, a person seeking local approval shall complete and file with the political subdivision the application form shown in Appendix A. The application shall include all of the information required by Appendix A and attached worksheets, including any authorized modifications made by the political subdivision under sub. (2). The information contained in the application shall be credible and internally consistent.

ATCP 51.30(2)(2) Local modifications. A political subdivision may not alter the application form shown in Appendix A and attached worksheets, or require any additional information, except that a political subdivision may require information needed to determine compliance with local ordinance standards authorized under s. ATCP 51.10 (3) or 51.12 (1).

ATCP 51.30(3)(3) Additional copies. A political subdivision may require an applicant to submit up to 4 duplicate copies of the original application under sub. (1). Each duplicate copy shall include all of the worksheets, maps and other attachments included in the application, except that it is not required to include engineering design specifications.

ATCP 51.30 NoteNote: A political subdivision must file one duplicate copy of the final application and attachments with the department, within 30 days after the political subdivision grants or denies that application. See s. ATCP 51.34 (5). If the political subdivision approves the application, the political subdivision must give the applicant a copy of the approved application, marked “approved.” See s. ATCP 51.34 (3) (b). The applicant may wish to record this documentation with the register of deeds, and convey the documentation to any subsequent purchaser of the livestock facility. Among other things, documentation establishes “odor score” reference points for future expansions. See s. ATCP 51.14 (6).