NR 243.23 HistoryHistory: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.
NR 243.24NR 243.24Department discharge determination and NODs. Unless based on information provided as part of a WPDES permit application submitted pursuant to s. NR 243.26 (1), no determination may be made by the department that an unacceptable practice exists at an operation until there has been an onsite investigation by the department or a federal or state agency or governmental unit.
NR 243.24(1)(1)Categories of unacceptable practices. The department shall identify the categories of discharge associated with unacceptable practices pursuant to the following criteria:
NR 243.24(1)(a)(a) Category I. A category I unacceptable practice is a practice or facility at an animal feeding operation that causes a point source discharge of pollutants to navigable waters by either of following means:
NR 243.24(1)(a)1.1. Pollutants are discharged into navigable waters through a man-made ditch, flushing system or other similar man-made device.
NR 243.24(1)(a)2.2. Pollutants are discharged into navigable waters that originate outside of the operation and pass over, across or through the operation or otherwise come into direct contact with the animals confined at the operation.
NR 243.24(1)(b)(b) Category II. A category II unacceptable practice is a practice or facility at an animal feeding operation that causes a discharge of pollutants to waters of the state that is the result of an owner’s or operator’s failure to comply with a livestock performance standard or prohibition in ss. NR 151.05 to 151.08. For Category II discharges, waters of the state has the meaning specified under s. 281.01 (18), Stats.
NR 243.24(1)(c)(c) Category III. A category III unacceptable practice is a practice or facility at an animal feeding operation that caused a discharge of pollutants to waters of the state and that is not described in par. (a) or (b).
NR 243.24(2)(2)Coordination with governmental units. Unless an unacceptable practice is an imminent threat to public health or fish and aquatic life, the department shall notify the appropriate governmental unit prior to taking any of the following actions:
NR 243.24(2)(a)(a) Contacting an owner or operator of an animal feeding operation under the procedures in this subchapter to investigate a discharge from an unacceptable practice.
NR 243.24(2)(b)(b) Issuing an NOD for a category II unacceptable practice.
NR 243.24(2)(c)(c) Taking enforcement action under s. 281.98, Stats., against an owner or operator of an animal feeding operation for failing to comply with a livestock performance standard or prohibition.
NR 243.24(3)(3)Department action. If the department determines that an unacceptable practice exists at an operation based on its own onsite investigation, an investigation conducted by a federal or state agency or governmental unit, or information provided as part of WPDES permit application, the department may take any of the following actions:
NR 243.24(3)(a)(a) For all unacceptable practices.
NR 243.24(3)(a)1.1. The department may coordinate with a designated governmental unit to address the unacceptable practice and provide assistance to the owner or operator. This contact shall be made as soon as possible after the determination that an unacceptable practice exists at an operation to maximize opportunities for the governmental unit to provide assistance to the owner or operator.
NR 243.24(3)(a)2.2. The department may issue a notice of intent to issue an NOD.
NR 243.24(3)(b)(b) Category I unacceptable practices. For category I unacceptable practices, the department may take any of the following actions:
NR 243.24(3)(b)1.1. Issue an NOD to the owner or operator of the animal feeding operation to address the unacceptable practices.
NR 243.24(3)(b)2.2. Send the owner or operator a permit application if the owner or operator has not filed a WPDES permit application pursuant to s. NR 243.26.
NR 243.24(3)(b)3.3. Designate the operation as a CAFO under s. NR 243.26 (2).
NR 243.24(3)(b)4.4. Take direct enforcement action.
NR 243.24 NoteNote: In general, the department considers factors such as the degree of harm to a waterbody and the level of mismanagement or negligence by an owner or operator when deciding whether to take direct enforcement action.
NR 243.24(3)(c)(c) Category II unacceptable practices. For category II unacceptable practices, the department may take any of the following actions:
NR 243.24(3)(c)1.1. Issue an NOD if requested by a governmental unit or if a governmental unit is not addressing a facility’s noncompliance with livestock performance standards or prohibitions in a manner consistent with the procedures established in ch. NR 151.
NR 243.24(3)(c)2.2. Follow the procedures outlined in s. NR 151.095.
NR 243.24(3)(c)3.3. Designate the operation as a medium or small CAFO under s. NR 243.26 (2).
NR 243.24(3)(d)(d) Category III unacceptable practices. For category III unacceptable practices, the department may take any of the following actions:
NR 243.24(3)(d)1.1. Issue an NOD to the owner or operator.
NR 243.24(3)(d)2.2. Take direct enforcement action.