NR 243.24(4)(d)(d) The department may require that accepted management practices be superseded by additional design requirements or practices if they are necessary for water quality protection.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 243.25(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 243.26 WPDES 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.a.a. The operation is a significant contributor of pollutants to navigable waters and the department considers the factors in par. (b) when making this determination; or NR 243.26(2)(a)3.3. For discharges of pollutants from land applied manure or process wastewater to navigable waters by an animal feeding operation with 300 to 999 animal units, the department determines the discharge was not an agricultural storm water discharge. NR 243.26(2)(a)4.4. The department provides written notification to the owner or operator of the designation. NR 243.26 NoteNote: Consistent with past regulatory practices, the department intends to continue to work cooperatively with animal feeding operations to address discharges to waters of the state to the maximum extent practicable in order to make designation of an operation as a CAFO unnecessary. This approach includes using voluntary programs or the issuance of an NOD, which typically provides an opportunity to obtain cost-share and technical assistance, to aid an operation to implement corrective measures.
NR 243.26 NoteNote: Written notification by the department may be included as part of a Category I, II or III NOD or a separate written notice may be sent to the owner or operator.
NR 243.26 NoteNote: For animal feeding operations with less than 300 animal units, a significant discharge of pollutants to navigable waters from land application activities is not a basis for designating an operation as a CAFO and requiring a WPDES permit-see par. (c). For animal feeding operations with 300-999 animal units, a significant discharge of pollutants to navigable waters from either the production area or land application areas is a basis for CAFO designation and WPDES permit coverage.
NR 243.26(2)(b)(b) The department shall consider all of the following factors when determining whether an operation is a significant contributor of pollutants to navigable waters under par. (a): NR 243.26(2)(b)1.1. The size of the animal feeding operation and the amount of manure or process wastewater reaching navigable waters. NR 243.26(2)(b)2.2. The location of the operation’s production and land application areas relative to the navigable waters. NR 243.26(2)(b)3.3. The means of conveyance of the manure or process wastewater into navigable waters. NR 243.26(2)(b)4.4. The slope, vegetation, rainfall and other factors affecting the likelihood or frequency of discharges of manure or process wastewater into navigable waters.