NR 243.15(1)(a)3.3. Owners or operators of large CAFOs shall, at a minimum, design and construct reviewable facilities or systems that are part of the production area to meet the production area requirements in s. NR 243.13, accepted management practices, and the adequate storage requirements under ss. NR 243.14 (9) and 243.17 (3). All proposed plans and specifications, including the operation and maintenance plan, shall include a written explanation regarding the ability of the proposed facility or system to meet the production area requirement in s. NR 243.13 and the adequate storage requirements under ss. NR 243.14 (9) and 243.17 (3).
NR 243.15(1)(a)4.4. The department may require the submittal of additional information necessary to meet the requirements of ch. NR 150.
NR 243.15(1)(b)(b) Department approval. The department shall review and approve, conditionally approve or reject the plans and specifications in accordance with the timelines established in s. 281.41, Stats.
NR 243.15 NoteNote: In accordance with s. NR 108.04, submittals shall occur at least 90 days prior to the anticipated date upon which the owner or operator plans to commence construction.
NR 243.15 NoteNote: Department approval may be in addition to any local or county approvals needed. Also, a storm water construction WPDES permit may be required prior to construction pursuant to ch. NR 216.
NR 243.15(1)(c)(c) Alternative practices or designs. When the owner or operator of the large CAFO demonstrates that accepted management practices or those practices or design standards specified in this section are more stringent than necessary to avoid a detrimental effect on water quality, the department may approve alternative practices or design standards. This demonstration may be made during the permit issuance process under ch. 283, Stats., or during the plan review process under this section. The department may only approve alternative practices or design standards if the owner or operator can demonstrate that the design and operation of the alternative practices will achieve compliance with the requirements of ss. NR 243.13 and 243.14 (9), surface water and groundwater quality standards and the 180-day storage requirement in s. NR 243.17 (3).
NR 243.15(1)(d)(d) Additional requirements. As part of its written approval of plans and specifications, the department may require that accepted management practices or design standards or those practices or design standards specified in this section be superseded by more stringent operational or design requirements or practices, based on the following site-specific conditions:
NR 243.15(1)(d)1.1. Physical location of the facilities or systems, including depth to groundwater and bedrock and proximity to surface waters and wetlands.
NR 243.15(1)(d)2.2. Soil limitations such as permeability, infiltration rate, drainage class and flooding hazard.
NR 243.15(1)(d)3.3. Volume and water content of the waste material.
NR 243.15(1)(d)4.4. Available storage capacity and method of application.
NR 243.15(1)(d)5.5. Additional requirements or practices necessary to prevent exceedance of groundwater or surface water quality standards or impairments to wetland functional values.
NR 243.15(2)(2)Runoff control. Runoff control systems in the production area shall be designed to comply with the applicable standards in s. NR 243.13 using permanent runoff control systems that are consistent with accepted management practices such as wastewater treatment strips, sediment basins, waste storage facilities, roof runoff management, grassed waterways and clean water diversions. Wastewater treatment strips shall be designed in accordance with NRCS Standard 635, dated January 2002. NRCS Standard 635, dated January 2002, is incorporated by reference in s. NR 243.07.
NR 243.15 NoteNote: Copies of NRCS Standard 635, dated January 2002 and documents referenced in this standard may be inspected at the offices of the department, DATCP, NRCS, county land conservation departments, and the legislative reference bureau, Madison, Wisconsin.
NR 243.15 NoteNote: In accordance with s. NR 243.13(2), operations are not allowed to discharge pollutants to navigable waters under any circumstance or storm event from parts of the production area where manure or process wastewater is not properly stored or contained by a structure. Wastewater treatment strips, grassed waterways or buffers are examples of facilities or systems that by themselves do not constitute a structure.
NR 243.15(3)(3)Storage or containment. Permittees proposing to construct storage or containment facilities shall design and install facilities that, at a minimum, meet the following requirements:
NR 243.15(3)(a)(a) Nutrient management. Storage and containment facilities shall be designed to provide storage capacity that is consistent with the department approved nutrient management plan and the requirement in ss. NR 243.14 (9) and 243.17 (3).
NR 243.15(3)(b)(b) Alarm systems. For storage or containment facilities that are either covered, buried or otherwise concealed in a manner that does not allow visual inspection of the level of manure or process wastewater in the facility, submitted designs shall include installation of a monitoring or alarm system to prevent overflows from the facility.
NR 243.15(3)(c)(c) Leakage collection or monitoring.
NR 243.15(3)(c)1.1. The permittee shall assess if a leakage collection or monitoring system or secondary containment system is necessary to prevent discharges of manure and process wastewater to groundwater or surface waters and include the assessment as part of submitted plans and specifications. If the permittee determines that these systems are necessary, it shall include plans and specifications for these systems as part of its submittal. Components of a collection or monitoring system design may include secondary containment associated with liner installation, leachate collection, leachate recirculation, monitoring sumps or monitoring wells. Components of secondary containment may include concrete or earthen berms or diversions designed to temporarily collect or divert overland flow away from surface waters or areas susceptible to groundwater contamination.
NR 243.15(3)(c)2.2. The department may require the installation of a leakage collection or monitoring system or secondary containment based on the following considerations:
NR 243.15(3)(c)2.a.a. Whether facilities are located on or near areas that are susceptible to groundwater contamination such as direct conduits to groundwater, sandy soils, and sites with minimal separations between bedrock and high water tables.
NR 243.15(3)(c)2.b.b. The size and depth of the facility.
NR 243.15(3)(c)2.c.c. The type of liner used.
NR 243.15(3)(c)2.d.d. Characteristics of waste being stored.
NR 243.15(3)(c)2.e.e. Other considerations based on potential impacts to waters of the state.
NR 243.15(3)(d)(d) Process wastewater. Storage and containment facilities for process wastewater that are stored separately from manure shall be designed and constructed in accordance with ch. NR 213 and shall be designed to achieve compliance with the applicable standards in ss. NR 243.13 and 243.14 (9).
NR 243.15(3)(e)(e) Permanent markers. Liquid manure and process wastewater storage and containment facilities shall be constructed with permanent markers to clearly indicate the margin of safety level and maximum operating levels. Liquid manure storage and containment facilities shall also have a marker near the bottom of the facility indicating the level at which the facility provides 180 days of storage.
NR 243.15(3)(f)(f) Standard 313. Manure storage and containment facilities constructed after July 1, 2007, shall, at a minimum, be designed and constructed in accordance with the design criteria contained in NRCS Standard 313, December 2005.