NR 151.05(3)(b)2. 2. The facility is designed to store manure for a period of time longer than 24 months.

NR 151.05(3)(b)3. 3. Retention of the facility is warranted based on anticipated future use.

NR 151.05(4) (4) Existing facilities.

NR 151.05(4)(a) (a) Manure storage facilities in existence as of October 1, 2002, that pose an imminent threat to public health, fish and aquatic life, or groundwater shall be upgraded, replaced, or abandoned in accordance with this section.

NR 151.05(4)(b) (b) Levels of materials in storage facilities may not exceed the margin of safety level.

NR 151.05 Note Note: Manure storage facilities are sometimes used to store non-agricultural wastes, such as septage or organic food wastes. These facilities may be subject to additional regulatory and cost-sharing requirements.

NR 151.05 History History: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (title), (2) (a), (4), cr. (2) (am) Register December 2010 No. 660, eff. 1-1-11.

NR 151.055 NR 151.055 Process wastewater handling performance standard.

NR 151.055(1) (1) All livestock producers shall comply with this section.

NR 151.055(2) (2) There may be no significant discharge of process wastewater to waters of the state.

NR 151.055(3) (3) The department shall consider all of the following factors when determining whether a discharge of process wastewater is a significant discharge to waters of the state:

NR 151.055(3)(a) (a) Volume and frequency of the discharge.

NR 151.055(3)(b) (b) Location of the source relative to receiving waters.

NR 151.055(3)(c) (c) Means of process wastewater conveyance to waters of the state.

NR 151.055(3)(d) (d) Slope, vegetation, rainfall, and other factors affecting the likelihood or frequency of process wastewater discharge to waters of the state.

NR 151.055(3)(e) (e) Available evidence of discharge to a surface water of the state or to a direct conduit to groundwater as defined under s. NR 151.002 (11m).

NR 151.055(3)(f) (f) Whether the process wastewater discharge is to a site that is defined as a site susceptible to groundwater contamination under s. NR 151.015 (18).

NR 151.055(3)(g) (g) Other factors relevant to the impact of the discharge on water quality standards of the receiving water or to groundwater standards.

NR 151.055 Note Note: Existing technical standards contained in the U.S. department of agriculture natural resources conservation service field office technical guide may be used for managing process wastewater. When such standards are not applicable, the landowner or operator is expected to take reasonable steps to reduce the significance of the discharge in accordance with the agricultural performance standard and prohibition compliance requirements of this chapter. The Wisconsin department of agriculture, trade and consumer protection is responsible under s. 281.16 (3) (c), Stats., for developing additional management practices if needed.

NR 151.055 History History: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.

NR 151.06 NR 151.06 Clean water diversion performance standard.

NR 151.06(1) (1) All livestock producers within a water quality management area shall comply with this section.

NR 151.06(2) (2) Runoff shall be diverted away from contacting feedlot, manure storage areas and barnyard areas within water quality management areas except that a diversion to protect a private well under s. NR 151.015 (18) (a) is required only when the feedlot, manure storage area or barnyard area is located upslope from the private well.

NR 151.06 History History: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (title) Register December 2010 No. 660, eff. 1-1-11.

NR 151.07 NR 151.07 Nutrient management.

NR 151.07(1) (1) All crop producers and livestock producers that apply manure or other nutrients directly or through contract to agricultural fields shall comply with this section.

NR 151.07 Note Note: Manure management requirements for concentrated animal feeding operations covered under a WPDES permit are contained in ch. NR 243.

NR 151.07(2) (2) This performance standard does not apply to the application of industrial waste and byproducts regulated under ch. NR 214, municipal sludge regulated under ch. NR 204, and septage regulated under ch. NR 113, provided the material is not commingled with manure prior to application.

NR 151.07 Note Note: In accordance with ss. ATCP 50.04, 50.48 and 50.50, nutrient management planners, Wisconsin certified soil testing laboratories and dealers of commercial fertilizer are advised to make nutrient management recommendations based on the performance standard for nutrient management, s. NR 151.07, to ensure that their customers comply with this performance standard.