Section 50.64. Barnyard runoff control systems.

 

(1)   Definition. In this section, "barnyard runoff control system" means a system of facilities or practices used to contain, divert, retard, treat, or otherwise control the discharge of runoff from outdoor areas of concentrated livestock activity. A "barnyard runoff control system" may include any of the following components which is necessary to contain, divert, retard, treat, or control surface water runoff:

(a) Access road under s. ATCP 50.65 .

(b) Trails and walkways under s. ATCP 50.66 .

(c) Critical area stabilization under s. ATCP 50.69 .

(d) Diversions under s. ATCP 50.70 .

(e) Heavy use area protection described in NRCS technical guide heavy use area protection standard 561 (August, 2015).

(f) Prescribed grazing under s. ATCP 50.80 .

(g) Waterway systems under s. ATCP 50.96 .

(h) Livestock fencing under s. ATCP 50.75 .

(i) Livestock watering facilities under s. ATCP 50.76 .

(j) Manure storage systems under s. ATCP 50.62 that are needed to collect and contain barnyard runoff.

(k) Nutrient management under s. ATCP 50.78 .

(L) Relocating or abandoning animal feeding operations under s. ATCP 50.81 .

(m) Roofs under s. ATCP 50.84 .

(n) Roof runoff systems under s. ATCP 50.85 .

(o) Sediment basins under s. ATCP 50.86 .

(p) Streambank and shoreline protection under s. ATCP 50.88 .

(q) Subsurface drains under s. ATCP 50.90 .

(r) Underground outlets under s. ATCP 50.92 .

(s) Waste transfer systems under s. ATCP 50.93 .

(t) Vegetated treatment area under s. ATCP 50.94 .

(u) Water and sediment control basins under s. ATCP 50.95 .

(v) Well decommissioning under s. ATCP 50.97 .

(2)   Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs related to a barnyard runoff control system:

(a) Costs for system components under sub. (1) that are eligible for reimbursement under this subchapter.

(b) Costs to establish permanent vegetative cover, or to provide temporary cover pending the establishment of permanent cover. This may include costs for mulch, fertilizer, seed, and other necessary materials.

(c) Costs for modification of a building that is essential for installation of the barnyard runoff control system, or for construction of a roof pursuant to s. ATCP 50.84 .

(3)   Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse any of the following costs:

(a) Costs to design a barnyard runoff control system that is not installed.

(b) Costs to construct a building.

(c) Costs for equipment used to apply manure to land.

(d) Costs of a proposed practice, to the extent that those costs exceed the cost of an equally effective alternative.

(e) Costs ineligible under s. ATCP 50.62 (3) (g) or (h) .

(4)   Barnyard runoff control systems; grant disqualification. A county land conservation committee may not award a cost-share grant for a barnyard runoff control system if any of the following apply:

(a) The landowner intentionally aggravated a pollution discharge from the animal feeding operation.

(b) The landowner could prevent the discharge of pollutants through improved management practices at nominal cost.

(c) The barnyard runoff control system will not be adequate to achieve compliance with applicable state and local regulations.

(d) The landowner holds, or is required to apply for, a Wisconsin pollution discharge elimination system permit for the animal feeding operation under s. 283.31 , Stats.

(e) The landowner could have prevented the discharge of pollutants by complying with an operations and maintenance plan previously agreed upon by the landowner and one of the following:

1. The department.

2. The county land conservation committee.

3. DNR.

4. NRCS.

(5)   Design, construction, and maintenance. A cost-share grant may not reimburse any costs for a barnyard runoff control system unless all of the following conditions are met:

(a) The system complies with applicable design, construction, and maintenance standards under this subchapter and NRCS technical guide heavy use area protection standard 561 (August, 2015).

(b) The landowner agrees to a 10 year maintenance period for the barnyard runoff control system, and any nutrient management plan required under par. (c) , unless the landowner discontinues the animal feeding operation.

(c) The landowner agrees to maintain a nutrient management plan for 10 years if the landowner receives more than $25,000 in DATCP cost-share payments for the runoff control system.

CR 01-090 : cr. Register September 2002 No. 561 , eff. 10-1-02 ; CR 08-075 : am. (1) (t) Register April 2009 No. 640 , eff. 5-1-09; CR 13-016 : am. (1) (a), (b), (e), (5) (a), (b), cr. (5) (c) Register February 2014 No. 698 , eff. 5-1-14; CR 14-047 : am. (1) (e), (5) (a) Register May 2015 No. 713 , eff. 6-1-15; CR 16-012 : am. (1) (e), (5) (a) Register August 2016 No. 728 , eff. 9-1-16.

Note

The NRCS technical guide standard 561 is on file with the department and the legislative reference bureau. Copies can be obtained by visiting the department website at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx . Microsoft Windows NT 6.1.7601 Service Pack 1 A barnyard runoff control system may include one or more of the practices listed in this section. Standards for the listed practices are contained in other sections of this subchapter. Any of the listed practices may also be cost-shared in a project which is not a barnyard runoff control project. The NRCS technical guide standard 561 is on file with the department and the legislative reference bureau. Copies can be obtained by visiting the department website at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx . Microsoft Windows NT 6.1.7601 Service Pack 1