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)(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)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)(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 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)(d)(d) Category III unacceptable practices. For category III unacceptable practices, the department may take any of the following actions: NR 243.24 NoteNote: In most cases, the department will rely on governmental units to fully implement the livestock performance standards and prohibitions and address impacts to water quality from category II unacceptable practices. The department intends to issue NODs in accordance with this section in cases where a governmental unit has requested assistance in implementing and enforcing the performance standards or prohibitions or in cases where a governmental unit has failed to appropriately address unacceptable practices at animal feeding operations in a timely manner. The department recognizes that coordination between governmental units, the department of agriculture, trade and consumer protection and other state agencies is needed to achieve statewide compliance with the performance standards and prohibitions. Accordingly, the department has worked with counties, the department of agriculture, trade and consumer protection and other interested partners to develop a detailed intergovernmental strategy for achieving compliance with the performance standards and prohibitions that recognizes the procedures in this subchapter, state basin plans and the priorities established in land and water conservation plans.
NR 243.24(4)(a)(a) If the department issues an NOD to an owner or operator of an animal feeding operation, it shall be sent certified mail, return receipt requested or personal delivery. NR 243.24(4)(b)(b) The department shall include all of the following information in an NOD: NR 243.24(4)(b)1.1. A summary of the results of the onsite investigation used to determine that unacceptable practices exist at an operation. The summary shall include a determination of the category of the unacceptable practice that exists at the operation. The department shall provide a copy of the summary to the animal feeding operation and appropriate governmental unit. NR 243.24(4)(b)2.2. One or more suggested corrective measures for the unacceptable practice identified in the summary report. The department may amend an NOD at any time to reflect changes to suggested corrective measures based on further evaluation and planning associated with addressing the unacceptable practice. NR 243.24(4)(b)3.3. A list of known governmental or private services that may be available to provide technical or financial assistance. NR 243.24(4)(b)4.4. For category II unacceptable practices, the NOD shall contain determinations consistent with s. NR 151.095, except that the length of the compliance period shall be determined in accordance with subd. 5. Determinations required under s. NR 151.095 may be included as part of the NOD or as amendments to the NOD.