Section 151.015. Definitions.

  In this subchapter:

(1)  "Accounting period" means the crop rotation period over which compliance is measured and consists of the current year and extends back the previous 7 years moving forward each consecutive year creating a rolling time period not to exceed 8 years.

(3)  "Conservation practice" means a best management practice designed to reduce or prevent soil or sediment loss to the waters of the state.

(4)  "Crop producer" means an owner or operator of an operation engaged in crop related agricultural practices specified in s. 281.16 (1) (b) , Stats.

(5)  "Cropland practice" means the method, activity or management measure used to produce or harvest crops.

(6)  "County land conservation committee" means the committee created by a county board under s. 92.06 , Stats. "County land conservation committee" includes employees or agents of the committee whom, with committee authorization, act on behalf of the committee.

(7)  "Direct runoff" includes any of the following:

(a) Runoff from a feedlot that can be predicted to discharge a significant amount of pollutants to surface waters of the state or to a direct conduit to ground water.

(b) Runoff of stored manure, including manure leachate, that discharges a significant amount of pollutants to surface waters of the state or to a direct conduit to ground water.

(c) Construction of a manure storage facility in permeable soils or over fractured bedrock without a liner designed in accordance with s. NR 154.04 (3) .

(d) Discharge of a significant amount of leachate from stored manure to waters of the state.

(8)  "Feedlot" means a barnyard, exercise area, or other outdoor area where livestock are concentrated for feeding or other purposes and self-sustaining vegetative cover is not maintained. "Feedlot" does not include a winter grazing area or a bare soil area such as a cattle lane or a supplemental feeding area located within a pasture, provided that the bare soil area is not a significant source of pollution to waters of the state.

(9)  "Livestock facility" means a structure or system constructed or established on a livestock operation.

(10)  "Livestock producer" means an owner or operator of a livestock operation.

(11)  "Livestock operation" has the meaning given in s. 281.16 (1) (c) , Stats.

(12)  "Manure" means a material that consists primarily of excreta from livestock, poultry or other animals.

(13)  "Manure storage facility" means an impoundment made by constructing an embankment or excavating a pit or dugout or by fabricating a structure to contain manure and other animal or agricultural wastes.

(13g)  "Margin of safety level" has the meaning given it in s. NR 243.03 (37) .

(13m)  "Municipality" has the meaning given in s. 281.01 (6) , Stats.

(14)  "NOD" means a notice of discharge issued under s. NR 243.24 (4) .

(15)  "Operator" means a person responsible for the oversight or management of equipment, facilities or livestock at a livestock operation, or is responsible for land management in the production of crops.

(15e)  "Overflow" means discharge of manure to the environment resulting from flow over the brim of a facility or from flow directed onto the ground through a man-made device including a pump or pipe.

(15m)  "Pasture" means land on which livestock graze or otherwise seek feed in a manner that maintains the vegetative cover over the grazing area. Pasture may include limited areas of bare soil such as cattle lanes and supplemental feeding areas provided the bare soil areas are not significant sources of pollution to waters of the state.

(15s)  "Phosphorus index" or "P-index" means Wisconsin's agricultural land management planning tool for assessing the potential of a cropped or grazed field to contribute phosphorus to the surface water.

(16)  "Process wastewater" has the meaning given in s. NR 243.03 (53) .

(18)  "Site that is susceptible to groundwater contamination" under s. 281.16 (1) (g) , Stats., means any one of the following:

(a) An area within 250 feet of a private well.

(b) An area within 1000 feet of a municipal well.

(c) An area within 300 feet upslope or 100 feet downslope of a direct conduit to groundwater.

(d) A channel that flows to a direct conduit to groundwater.

(e) An area where the soil depth to groundwater or bedrock is less than 2 feet.

(f) An area where the soil does not exhibit one of the following soil characteristics:

1. At least a 2-foot soil layer with 40% fines or greater above groundwater and bedrock.

2. At least a 3-foot soil layer with 20% fines or greater above groundwater and bedrock.

3. At least a 5-foot soil layer with 10% fines, or greater above groundwater and bedrock.

(19)  "Stored manure" means manure that is kept in a manure storage facility or an unconfined manure pile.

(20)  "Substantially altered" means a change initiated by an owner or operator that results in a relocation of a structure or facility or significant changes to the size, depth or configuration of a structure or facility including:

(a) Replacement of a liner in a manure storage structure.

(b) An increase in the volumetric capacity or area of a structure or facility by greater than 20%.

(c) A change in a structure or facility related to a change in livestock management from one species of livestock to another such as cattle to poultry.

(21)  "Tolerable soil loss" or "T" means the maximum rate of erosion, in tons per acre per year, allowable for particular soils and site conditions that will maintain soil productivity.

(22)  "Unconfined manure pile" means a quantity of manure that is at least 175 ft 3 in volume and which covers the ground surface to a depth of at least 2 inches and is not confined within a manure storage facility, livestock housing facility or barnyard runoff control facility or covered or contained in a manner that prevents storm water access and direct runoff to surface water or leaching of pollutants to groundwater.

(24)  "Water quality management area" or "WQMA" means the area within 1,000 feet from the ordinary high water mark of navigable waters that consist of a lake, pond or flowage, except that, for a navigable water that is a glacial pothole lake, the term means the area within 1,000 feet from the high water mark of the lake; the area within 300 feet from the ordinary high water mark of navigable waters that consist of a river or stream; and a site that is susceptible to groundwater contamination, or that has the potential to be a direct conduit for contamination to reach groundwater.

(25)  "Winter grazing area" means a cropland or pasture where livestock feed on dormant vegetation or crop residue, with or without supplementary feed, during the period of October 1 to April 30.

CR 00-027 : cr. Register September 2002 No. 561 , eff. 10-1-02; CR 09-112 : r. and recr. (1), (8), (16), am. (7), (18) (c), (d), cr. (13g), (15e), (15m), (15s), (25), r. (17) Register December 2010 No. 660 , eff. 1-1-11.

Note

See s. NR 151.002 (32) for definition of percent fines. Microsoft Windows NT 6.1.7601 Service Pack 1