NR 151.09(6)(a)3.c. c. A compliance period for achieving the cropland performance standard. The compliance period may not exceed the time limits in par. (b).

NR 151.09(6)(a)3.d. d. An explanation of the consequences if the landowner or operator fails to comply with provisions of the notice.

NR 151.09(6)(b) (b) Compliance period.

NR 151.09(6)(b)1. 1. The compliance period for existing croplands where best management practices and other corrective measures do not involve eligible costs shall be in accordance with the following:

NR 151.09(6)(b)1.a. a. The compliance period shall begin on the postmark date of the notice or the date of personal delivery.

NR 151.09(6)(b)1.b. b. The length of the compliance period shall be not less than 60 days nor more than 3 years unless otherwise provided for in this subsection.

NR 151.09(6)(b)1.c. c. The length of the compliance period may be less than 60 days if the site is an imminent threat to public health, fish and aquatic life.

NR 151.09(6)(b)2. 2. Once compliance with a cropland performance standard is attained, compliance with the standard shall be maintained by the existing landowner or operator and heirs or subsequent owners.

NR 151.09(6)(c) (c) Combined notices. The department may meet multiple notification requirements under par. (a), sub. (5) and s. NR 151.095 within any single notice issued to a landowner or operator.

NR 151.09(7) (7) Enforcement.

NR 151.09(7)(a) (a) Authority to initiate enforcement. The department may take enforcement action pursuant to s. 281.98, Stats., or other appropriate actions, against the landowner or operator of a cropland for failing to comply with the cropland performance standards in this subchapter or approved variances to the cropland performance standards provided by the department under s. NR 151.097.

NR 151.09(7)(b) (b) Enforcement following notice and direct enforcement. The department shall provide notice to the landowner or operator of an existing cropland in accordance with subs. (5) and (6) prior to the department initiating enforcement action under s. 281.98, Stats., except in cases of repeated mismanagement. In such cases, the department may pursue direct enforcement under s. 281.98, Stats., for the second and any subsequent offenses.

NR 151.09 Note Note: The implementation and enforcement procedures in this section are limited to actions taken by the department under s. 281.98, Stats., for noncompliance with a cropland performance standard. Pursuant to other statutory authority, the department may take direct enforcement action without cost sharing against a crop producer for willful or intentional acts or other actions by a landowner or operator that pose an immediate or imminent threat to human health or the environment.

NR 151.09 Note Note: An owner or operator of a new cropland is required to meet the cropland performance standards by incorporating necessary management measures at the time the new cropland is created. This requirement shall be met regardless of cost sharing. The department may pursue direct enforcement under s. 281.98, Stats., against landowners or operators of new croplands not in compliance.

NR 151.09(8) (8) Notification to municipalities. The department shall notify the appropriate municipality, including a county land conservation committee, prior to taking any of the following actions under this section:

NR 151.09(8)(a) (a) Contacting a landowner or operator to investigate compliance with cropland performance standards.

NR 151.09(8)(b) (b) Issuing a notice under sub. (5) or (6) to a landowner or operator.

NR 151.09(8)(c) (c) Taking enforcement action under s. 281.98, Stats., against a landowner or operator for failing to comply with cropland performance standards in this subchapter.

NR 151.09(8)(d) (d) Notification is not required if the site is an imminent threat to public health or fish and aquatic life.

NR 151.09 History History: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (1), (4) (b) 2., (c) 3., (d) 2. a., c., (5) (b) 2. b., (6) (b) 1. b., (7) (b), r. (5) (a) 3. h., (6) (a) 3. e. Register December 2010 No. 660, eff. 1-1-11; CR 17-062: am. (1), Register June 2018 No. 750 eff. 7-1-18.

NR 151.095 NR 151.095 Implementation and enforcement procedures for livestock performance standards and prohibitions.

NR 151.095(1) (1) Purpose. The purpose of this section is to identify the procedures the department will follow in implementing and enforcing the livestock performance standards and prohibitions pursuant to ss. 281.16 (3) and 281.98, Stats. If a livestock performance standard is also listed as a cropland performance standard under s. NR 151.09, the department may choose the procedures of either s. NR 151.09 or this section to obtain compliance with the standard. This section will also identify circumstances under which an owner or operator of a livestock facility is required to comply with livestock performance standards and prohibitions. In this section, “livestock performance standards and prohibitions” means the performance standards and prohibitions in ss. NR 151.005, 151.05, 151.055, 151.06, and 151.08.

NR 151.095 Note Note: The nutrient management standard in s. NR 151.07 should be implemented through the procedures in s. NR 151.09.

NR 151.095(2) (2) Role of municipalities. The department may rely on municipalities to implement the procedures and make determinations outlined in this section.

NR 151.095 Note Note: In most cases, the department will rely on municipalities to fully implement the livestock performance standards and prohibitions. The department intends to utilize the procedures in this section in cases where a municipality has requested assistance in implementing and enforcing the performance standards or prohibitions or in cases where a municipality has failed to address an incident of noncompliance with the performance standards or prohibitions in a timely manner. The department recognizes that coordination between local municipalities, 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 plans on working 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 these rules, state basin plans and the priorities established in land and water conservation plans.

NR 151.095 Note Note: Additional implementation and enforcement procedures for livestock performance standards and prohibitions are in ch. NR 243, including the procedures for the issuance of a NOD.

NR 151.095(3) (3) Exemptions. The department may follow the procedures in ch. NR 243 and is not obligated to follow the procedures and requirements of this section in the following situations:

NR 151.095(3)(a) (a) If the livestock operation holds a WPDES permit.

NR 151.095(3)(b) (b) If the department has determined that the issuance of a NOD to the owner or operator of the livestock operation is warranted. Circumstances in which a NOD may be warranted include: