NR 243.142(2)(c) (c) Alternative uses of distributed manure. For solid manure, the manure is sold or given away to another person for landscaping, greenhouse use, use as an animal bedding product or for other beneficial purposes that do not include application to croplands.

NR 243.142(2)(d) (d) Manure or process wastewater is distributed to another permittee. The manure or process wastewater is sold or given away to another operation permitted under a WPDES permit that has a department approved management plan that addresses the manure or process wastewater, and the manure or process wastewater will be land applied under the other permit.

NR 243.142(2)(e) (e) Composted manure. The manure is sold or given away to another person who composts the manure and the department has determined that the composting process and land application or use of the distributed manure will be more appropriately regulated under ch. NR 518.

NR 243.142(3) (3) Department approval. If a permittee wants to transfer responsibility to another person for the land application, disposal or use of manure or process wastewater that will be distributed in accordance with one of the methods in sub. (2) (b) to (e), the permittee shall obtain written department approval for the distribution. If written approval is not obtained, the permittee remains responsible for the land application, disposal and use of the distributed manure or process wastewater in accordance with the terms of the permit and this chapter. To obtain department approval for the purposes of transferring responsibility, the permittee shall comply with all of the following conditions:

NR 243.142(3)(a) (a) Neither the permittee, its agent or a contract hauler working on behalf of the permittee may land apply the distributed manure.

NR 243.142(3)(b) (b) The permittee shall demonstrate to the department that the distributed manure will be beneficially used.

NR 243.142(3)(c) (c) If the manure is distributed in accordance with sub. (2) (b) or (c), and if the person receiving the manure intends to store the manure, the permittee shall demonstrate to the department that the distributed manure will be delivered to proper storage. For purposes of this paragraph, proper storage means one of the following:

NR 243.142(3)(c)1. 1. The distributed manure will be stored in a facility that complies with NRCS Standard 313, December 2005.

NR 243.142(3)(c)2. 2. The distributed manure will be stored in a manner that will not cause exceedances of groundwater and surface water quality standards and will not impair wetland functional values.

NR 243.142 Note Note: Proper storage may include manure stored in bags provided that the manure is dry enough to avoid leachate generation.

NR 243.142 Note Note: A permittee does not need to obtain approval from the department to transfer responsibility for de minimus amounts of manure under sub. (2) (a).

NR 243.142(4) (4) Revocation of approval. The department may revoke its approval of the responsibility transfer if the department determines that the conditions of approval are not being met by the permittee or recipients of the manure.

NR 243.142(5) (5) Recordkeeping and reporting.

NR 243.142(5)(a) (a) The permittee shall estimate the amount of manure and process wastewater distributed under sub. (2) in its nutrient management plan and record the actual amount distributed at the time of distribution. The permittee shall create and maintain records that identify the name and address of the recipient of the distributed manure or process wastewater, the quantity distributed, and the dates of distribution. The permittee shall keep these records for at least 5 years and shall make them available to the department upon request. The permittee shall report the amount of manure distributed under sub. (2) to the department in the annual report.

NR 243.142(5)(b) (b) Prior to distribution, the permittee shall notify the recipient, in writing, of the nutrient content of the distributed manure and process wastewater based on the most recent representative sampling information that has been conducted in accordance with the permittee’s WPDES permit. At a minimum, the permittee shall provide information to the recipient regarding the nitrogen and phosphorus content of the manure.

NR 243.142 History History: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.

NR 243.143 NR 243.143 Silurian bedrock performance standards. Owners or operators that mechanically apply manure directly or through contract or other agreement to cropland or pasture areas that meet the definition of Silurian bedrock under s. NR 151.015 (17) must comply with s. NR 151.075.

NR 243.143 History History: CR 17-062: cr. Register June 2018 No. 750 eff. 7-1-18.

NR 243.15 NR 243.15 Design, submittal and approval of proposed facilities or systems.

NR 243.15(1) (1) Submittal and approval.

NR 243.15(1)(a) (a) Plans and specifications.

NR 243.15(1)(a)1. 1. Plans and specifications for proposed reviewable facilities or systems shall be submitted as part of the permit application unless written department approval is received for a later submittal. Plans and specifications shall be submitted during the term of the permit if construction of a reviewable facility or system or a modification to an existing reviewable facility or system is proposed during the term of the permit. Submittal of plans and specifications shall meet the requirements in s. NR 108.04 (2). Plans and specifications submitted for department approval shall include a narrative describing the proposed facility or system, a written management and site assessment, scaled drawings, an operation and maintenance plan and relevant calculations for the proposed facility or system. An owner or operator may not commence construction of a proposed reviewable facility or system until plans and specifications have been approved by the department in writing.

NR 243.15 Note Note: Department approval should not be viewed as a guarantee that the approved facility or system or permittee can or will comply with WPDES permit conditions.

NR 243.15(1)(a)2. 2. Barnyards, feedlots and reviewable facilities or systems may not be located within 250 feet of a private well or noncommunity system as defined in ch. NR 812 or within 1000 feet of a community well as defined in ch. NR 811.

NR 243.15(1)(a)3. 3. Owners or operators of large CAFOs shall, at a minimum, design and construct reviewable facilities or systems that are part of the production area to meet the production area requirements in s. NR 243.13, accepted management practices, and the adequate storage requirements under ss. NR 243.14 (9) and 243.17 (3). All proposed plans and specifications, including the operation and maintenance plan, shall include a written explanation regarding the ability of the proposed facility or system to meet the production area requirement in s. NR 243.13 and the adequate storage requirements under ss. NR 243.14 (9) and 243.17 (3).

NR 243.15(1)(a)4. 4. The department may require the submittal of additional information necessary to meet the requirements of ch. NR 150.

NR 243.15(1)(b) (b) Department approval. The department shall review and approve, conditionally approve or reject the plans and specifications in accordance with the timelines established in s. 281.41, Stats.

NR 243.15 Note Note: In accordance with s. NR 108.04, submittals shall occur at least 90 days prior to the anticipated date upon which the owner or operator plans to commence construction.

NR 243.15 Note Note: Department approval may be in addition to any local or county approvals needed. Also, a storm water construction WPDES permit may be required prior to construction pursuant to ch. NR 216.