Section 151.05. Manure storage facilities performance standards.

 

(1)   Applicability. All livestock producers building new manure storage facilities, substantially altering manure storage facilities, or choosing to abandon their manure storage facilities shall comply with this section.

(2)   New construction and alterations.

(a) New or substantially altered manure storage facilities shall be designed, constructed and maintained to minimize the risk of structural failure of the facility and minimize leakage of the facility in order to comply with groundwater standards. The levels of materials in the storage facility may not exceed the margin of safety level.

(am) Storage facilities that are constructed or significantly altered on or after January 1, 2011, shall be designed and operated to contain the additional volume of runoff and direct precipitation entering the facility as a result of a 25-year, 24-hour storm.

(b) A new manure storage facility means a facility constructed after October 1, 2002.

(c) A substantially altered manure storage facility is a manure storage facility that is substantially altered after October 1, 2002.

(3)   Closure.

(a) Closure of a manure storage facility shall occur when an operation where the facility is located ceases operations, or manure has not been added or removed from the facility for a period of 24 months. Manure facilities shall be closed in a manner that will prevent future contamination of groundwater and surface waters.

(b) The owner or operator may retain the facility for a longer period of time by demonstrating to the department that all of the following conditions are met:

1. The facility is designed, constructed and maintained in accordance with sub. (2) .

2. The facility is designed to store manure for a period of time longer than 24 months.

3. Retention of the facility is warranted based on anticipated future use.

(4)   Existing facilities.

(a) Manure storage facilities in existence as of October 1, 2002, that pose an imminent threat to public health, fish and aquatic life, or groundwater shall be upgraded, replaced, or abandoned in accordance with this section.

(b) Levels of materials in storage facilities may not exceed the margin of safety level.

CR 00-027 : cr. Register September 2002 No. 561 , eff. 10-1-02; CR 09-112 : am. (title), (2) (a), (4), cr. (2) (am) Register December 2010 No. 660 , eff. 1-1-11.

Note

Manure storage facilities are sometimes used to store non-agricultural wastes, such as septage or organic food wastes. These facilities may be subject to additional regulatory and cost-sharing requirements. Microsoft Windows NT 6.1.7601 Service Pack 1