ATCP 51.16(4)(b) (b) The operator submits a copy of the WPDES permit with the operator’s application for local approval.

ATCP 51.16 History History: CR 05-014: cr. Register April 2006 No. 604, eff. 5-1-06.

ATCP 51.18 ATCP 51.18 Waste storage facilities.

ATCP 51.18(1) (1) Design, construction and maintenance; general. All waste storage facilities for a livestock facility shall be designed, constructed and maintained to minimize the risk of structural failure, and to minimize the potential for waste discharge to surface water or groundwater. A waste storage facility may not lack structural integrity or have significant leakage. An unlined earthen waste storage facility may not be located on a site that is susceptible to groundwater contamination.

ATCP 51.18 Note Note: A “site that is susceptible to groundwater contamination” is defined in s. ATCP 51.01 (39).

ATCP 51.18(2) (2) Existing facilities. For purposes of local approval, an existing waste storage facility is presumed to comply with sub. (1) if a registered professional engineer or certified agricultural engineering practitioner certifies one of the following in the application for local approval:

ATCP 51.18(2)(a) (a) The facility is constructed of concrete or steel or both, was constructed within the last 10 years according to then-existing NRCS standards, and shows no apparent signs of structural failure or significant leakage.

ATCP 51.18(2)(b) (b) The facility was constructed within the last 3 years according to then-existing NRCS standards, and shows no apparent signs of structural failure or significant leakage.

ATCP 51.18(2)(c) (c) The facility was constructed according to NRCS standards that existed at the time of construction, is in good condition and repair, and shows no apparent signs of structural failure or significant leakage.

ATCP 51.18(2)(d) (d) The facility is in good condition and repair, shows no apparent signs of structural failure or significant leakage, and is located on a site at which the soils and separation distances to groundwater comply with NRCS technical guide manure storage facility standard 313, table 1 (November, 2004).

ATCP 51.18(2)(e) (e) The facility is in good condition and repair, shows no apparent signs of structural failure or significant leakage, is located entirely above ground, and is located on a site at which the soils comply with NRCS technical guide manure storage facility standard 313, table 5 (November, 2004).

ATCP 51.18 Note Note: According to s. ATCP 51.30, an application for local approval must include a certification under sub. (2) for each existing waste storage facility. See Appendix A, worksheet 4 (waste storage facilities).

ATCP 51.18(3) (3) New or substantially altered facilities. For purposes of local approval, a new or substantially altered waste storage facility is presumed to comply with sub. (1) if all of the following apply:

ATCP 51.18(3)(a) (a) The application for local approval includes design specifications for the facility.

ATCP 51.18(3)(b) (b) A registered professional engineer or certified agricultural engineering practitioner certifies that the design specifications comply with all of the following:

ATCP 51.18(3)(b)1. 1. NRCS technical guide manure storage facility standard 313 (November, 2004).

ATCP 51.18(3)(b)2. 2. NRCS technical guide manure transfer standard 634 (November, 2004).

ATCP 51.18 Note Note: According to s. ATCP 51.30, an application for local approval must include the design specifications and certification to which sub. (3) refers. See Appendix A, worksheet 4 (waste storage facilities).

ATCP 51.18(4) (4) Closed facilities. If a waste storage facility is closed as part of the construction or expansion of a livestock facility, the closure shall comply with NRCS technical guide closure of waste impoundments standard 360 (December, 2002). A closure is presumed to comply with this subsection, for purposes of local approval, if the application for local approval includes the closure plan and certification required under s. ATCP 51.30.

ATCP 51.18 Note Note: According to s. ATCP 51.30, an application for local approval must identify any waste storage facilities to be closed. The application must include a closure plan for each identified facility. A registered professional engineer or certified agricultural engineering practitioner must certify that the closure plan complies with NRCS technical guide closure of waste impoundments standard 360 (December 2002). See Appendix A, worksheet 4 (waste storage facilities).

ATCP 51.18 Note Under s. NR 151.05 (3) and (4), an operator must normally close a manure storage facility if the facility has not been used for 24 months, or poses an imminent threat to public health, aquatic life or groundwater.

ATCP 51.18 Note If a waste storage facility is abandoned or not properly closed, a political subdivision may seek redress under s. 66.0627 or 254.59, Stats., as appropriate.

ATCP 51.18(5) (5) Storage capacity.

ATCP 51.18(5)(a) (a) The waste storage capacity of a livestock facility, not counting any excess storage capacity required for open waste storage facilities under par. (b), shall be adequate for reasonably foreseeable storage needs based on the operator’s waste and nutrient management strategy under s. ATCP 51.16.

ATCP 51.18 Note Note: Section ATCP 51.20 (5) prohibits overflow of waste storage facilities. See also ss. NR 151.08 (2) and ATCP 50.04 (1).

ATCP 51.18(5)(b) (b) An operator shall at all times maintain, in every open waste storage facility, unused storage capacity equal to the greater of the following volumes:

ATCP 51.18(5)(b)1. 1. One foot multiplied by the top area of the storage facility.

ATCP 51.18(5)(b)2. 2. The volume of rain that would accumulate in the manure storage facility from a 25-year 24-hour storm.

ATCP 51.18 Note Note: The required excess storage capacity in par. (b), often called “freeboard storage,” provides a safety factor to prevent manure storage overflow in the event of a major rain event.