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.
NR 243.24 NoteNote: Section NR 151.095 contains the criteria and establishes the procedures for determining when cost sharing is required for eligible costs associated with corrective measures and when cost sharing is considered to have been made available. Cost sharing is not required for new facilities and for practices that do not involve eligible costs, such as moving a manure pile. Cost sharing for eligible costs may be available under ch. NR 120 or 153.
NR 243.24(4)(b)5.5. A reasonable compliance period for implementing necessary corrective measures shall be specified in the NOD. The compliance period identified in the NOD shall be determined by the department in accordance with the following:
NR 243.24(4)(b)5.a.a. The length of the compliance period shall be from 60 days to 2 years unless otherwise provided for in this paragraph.
NR 243.24(4)(b)5.b.b. The length of the compliance period may be less than 60 days if the site is an imminent threat to public health or fish and aquatic life.
NR 243.24(4)(b)5.c.c. The compliance period may not be more than 2 years unless an alternative compliance period has been mutually agreed upon by the department and the owner or operator of the animal feeding operation.
NR 243.24(4)(b)5.d.d. For existing practices or facilities where corrective measures require cost sharing in accordance with s. NR 151.095 and where cost sharing has not previously been made available, the compliance period specified in an NOD shall begin on the date that cost share dollars are available pursuant to s. NR 151.095 (5) (d).
NR 243.24 NoteNote: Cost-share dollars may be offered as part of an NOD or may be included in an amendment to an NOD.
NR 243.24(4)(b)5.e.e. For all other practices or facilities, the compliance period specified in the NOD shall begin on the date of the NOD, regardless of the availability of cost sharing.
NR 243.24(4)(b)6.6. An explanation of the possible consequences if the owner or operator fails to comply with the provisions of the notice, including enforcement or loss of cost sharing, or both.
NR 243.24(4)(c)(c) The department may request that proposed corrective measures be submitted to the department for review prior to implementing the corrective measures.
NR 243.24(4)(d)(d) The department may require that accepted management practices be superseded by additional design requirements or practices if they are necessary for water quality protection.
NR 243.24(4)(e)(e) The department may require that the owner or operator of the animal feeding operation, or a designee, notify the department as to the status of implementing the corrective measures prior to the end of the compliance period.
NR 243.24 HistoryHistory: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.
NR 243.25NR 243.25NOD enforcement.
NR 243.25(1)(1)Categories I and III.
NR 243.25(1)(a)(a) Owners or operators or animal feeding operations that receive an NOD for a category I or III unacceptable practice shall implement corrective measures within the compliance period specified, regardless of the availability of cost sharing. The owner or operator may seek cost sharing to implement corrective measures within the specified compliance period, but if cost sharing is not available, the owner or operator shall install corrective measures to abate or eliminate the discharge without cost sharing or otherwise apply for a WPDES permit.
NR 243.25(1)(b)(b) If the owner or operator does not implement the corrective measures within the specified time frame to address category I or III unacceptable practices, the department may issue a specific WPDES permit or grant general permit coverage or the department may pursue enforcement action under ch. 283, Stats.
NR 243.25(2)(2)Category II. For operations issued an NOD for a category II unacceptable practice, if the owner or operator of the animal feeding operation does not implement corrective measures within the compliance period specified in the NOD, and cost sharing has been made available for existing facilities or practices or if cost sharing is not required under s. NR 151.095, the department may take enforcement action pursuant to s. 281.98, Stats., require the submittal of a WPDES permit application or take other appropriate actions against the owner or operator.
NR 243.25 NoteNote: The procedures specified in this subchapter for category II unacceptable practices are limited to actions taken by the department under s. 281.98, Stats., for noncompliance with a livestock performance standard or prohibition. Pursuant to other statutory authority, the department may take direct enforcement action without cost sharing against a livestock producer for willful or intentional acts or other actions by a producer that pose an imminent or immediate threat to human health or the environment.
NR 243.25 HistoryHistory: CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.
NR 243.26NR 243.26WPDES permits for medium and small CAFOs.
NR 243.26(1)(1)Operations defined as a medium CAFO. Any owner or operator of an animal feeding operation with 300 to 999 animal units shall submit a complete application for a WPDES permit to the department before a category I discharge to navigable waters occurs. An owner or operator of an animal feeding operation that has 300 to 999 animal units may not have a Category I discharge to navigable waters under s. NR 243.24 (1) (a) unless the discharge is covered by and in compliance with a WPDES permit. In the event an owner or operator of an animal feeding operation has a Category I discharge to navigable waters and that operation is not covered by a WPDES permit at the time of the discharge, the owner or operator shall immediately contact the department and shall immediately apply for a WPDES permit.
NR 243.26(2)(2)Operations designated as medium or small CAFOs.
NR 243.26(2)(a)(a) Subject to par. (c), for animal feeding operations not already defined as a CAFO under sub. (1), the department may designate an animal feeding operation with 999 animal units or less as a CAFO if all of the following occur:
NR 243.26(2)(a)1.1. The department conducts an onsite investigation of the operation.
NR 243.26(2)(a)2.2. The department determines one of the following: