Section 243.13. Standard WDPES permit requirements for large CAFOs.

 

(1)   General. The department shall include conditions in permits that meet the requirements in subs. (2) to (8) , if applicable to the primary livestock type housed at the CAFO. Pursuant to s. 283.31 , Stats., the department shall include conditions in a WPDES permit for the production area and ancillary service and storage areas to ensure that clean water is diverted, as appropriate, from the production area and that are necessary to achieve compliance with surface water and groundwater quality standards contained in chs. NR 102 to 105 , 140 and 207 , and the livestock performance standards and prohibitions prescribed in ch. NR 151 .

(2)   Dairy cows, cattle and ducks.

(a) The standard in this subsection applies to large CAFOs that confine mostly mature dairy cows, milking or dry, or cattle such as heifers, steer or bulls, or ducks. Except as provided in par. (b) or (c) , a large CAFO may not discharge manure or process wastewater pollutants to navigable waters from the production area, unless all of the following apply:

1. Precipitation causes an overflow of manure or process wastewater from a containment or storage structure.

2. The containment or storage structure is properly designed, constructed and maintained to contain all manure and process wastewater from the operation, including the runoff and the direct precipitation from a 25-year, 24-hour applicable rainfall event.

3. The production area is operated in accordance with the inspection, maintenance and record keeping requirements in s. NR 243.19 .

(b)

1. The department may establish an alternative discharge limitation to the standard limitation established in par. (a) if an applicant or permittee requests an alternative limitation. When requesting an alternative site specific limitation, the applicant or permittee shall submit all of the following additional information as part of the application for WPDES permit issuance or reissuance:

a. A technical analysis, calculations and other relevant information that demonstrates that the discharge of pollutants, on a mass basis, associated with the alternative limitation will be equal to or less than the mass loading of pollutants associated with achieving the standard limitations in par. (a) .

b. A calculation of daily inputs to the storage systems and all daily outputs from the storage systems, including losses due to evaporation, sludge removal, and off-site transport of manure and wastewater.

c. A calculation determining the median annual overflow volume based on a 25-year period of actual rainfall data applicable to the site.

d. Representative samples and analysis of all sources of input into the storage systems for nitrogen, phosphorus, BOD 5 and total suspended solids, or other applicable pollutant data.

e. Predicted annual average discharge of pollutants, expressed, where appropriate, as a mass discharge on a daily basis in pounds per day, and calculated considering the information in this subd. 1. b. to d.

f. Any additional information requested by the department.

2. The department may approve an alternative limitation if the alternative limitation is based on site specific alternative technologies that will achieve a quantity of pollutants discharged from the production area that is equal to or less than the quantity of pollutants that would be discharged if the production area was designed, constructed, operated and maintained in compliance with the standard limitation in par. (a) . If approved, the alternative limit shall be included in the proposed WPDES permit.

(c) A large CAFO that primarily confines ducks, was in existence as of 1974 and has not completely replaced all of its production or processing equipment after 1974, may have a discharge of pollutants from the production area to navigable waters that meets the limits in 40 CFR 412.22 provided the discharge will not exceed water quality standards. 40 CFR 412.22 is incorporated by reference in s. NR 243.07 . The department shall impose best management practices or effluent limitations on the discharge to address other pollutants associated with manure or process wastewater or to meet surface water or groundwater quality standards. If the permittee chooses this option, the permittee shall monitor pollutants in all runoff from the production area to demonstrate compliance with effluent limitations.

(3)   Swine, poultry other than ducks and veal calves.

(a) Except as provided in par. (b) , a large CAFO that is an existing source CAFO that confines mostly swine, poultry other than ducks or veal calves shall comply with the requirements in sub. (2) .

(b) A large CAFO that is a new source CAFO and that confines mostly swine, poultry other than ducks or veal calves may not discharge manure or process wastewater pollutants into navigable waters from the production area except as provided in par. (c) . Storage and containment facilities and structures shall be designed, constructed, operated and maintained to contain all manure and process wastewater, including runoff and the direct precipitation from a 100-year, 24-hour rainfall event, and the production area shall be operated in accordance with the inspection, maintenance and recordkeeping requirements in s. NR 243.19 .

(c)

1. For swine, poultry other than ducks or veal calf operations that are new source CAFOs, the department may establish an alternative discharge limitation to the applicable standard limitation established in par. (b) if an owner or operator of the large CAFO requests an alternative limitation. When requesting an alternative limitation under this paragraph, the applicant shall submit all of the following additional information as part of the application for WPDES permit issuance:

a. Calculations that demonstrate that the quantity of pollutants discharged from the production area will be offset by additional best management practices that achieve an equivalent or greater reduction in the quantity of pollutants released to other media, including water and air, from the production area or land application areas. The calculations shall be made on a mass basis, where appropriate.

b. Any other specific information requested by the department that is needed by the department to make a determination pursuant to this paragraph.

2. If approved by the department, the alternative limitation shall be established in the WPDES permit and shall be based on site specific innovative technologies that will achieve an overall environmental performance across all media that is equal to, or superior to, the reductions achieved by the standard as provided in par. (b) .

(4)   Horses and sheep.

(a) This subsection applies to large CAFOs that confine mostly horses or sheep. All large CAFOs that confine mostly horses or sheep may not discharge process wastewater pollutants into navigable waters from the production area except if both of the following are met:

1. A rainfall event causes an overflow of process wastewater from a facility or structure designed, constructed, operated and maintained to contain all process wastewater generated including the runoff from a 25-year, 24-hour rainfall event.

2. The discharge complies with water quality standards.

(b) In a WPDES permit, the department may impose additional requirements or best management practices, or other restrictions for production area discharges of manure or process wastewater to meet surface water quality or groundwater standards.

(5)   All large CAFOs.

(a) If a discharge of manure or process wastewater pollutants to waters of the state occurs, including a discharge allowed under subs. (2) to (4) , the discharge shall comply with groundwater and surface water quality standards.

(b) The permittee may not allow livestock to come into direct contact with navigable waters in the production area.

(6)   Emergency response plan.

(a) General. Within 30 days of permit issuance or reissuance, a permittee shall develop an emergency response plan, or update an existing plan if necessary, that is designed to address unauthorized spills or discharges. For purposes of this subsection, unauthorized spills or discharges include catastrophic spills resulting from failures of containment or storage structures or equipment malfunctions, leakage from pumping systems and other events creating potential environmental damage. The emergency response plan shall be maintained at the production area in a place accessible to all employees. The permittee shall notify all employees involved with manure handling of the location and contents of the emergency response plan. Relevant portions of the plan shall be retained with land application equipment and with contracted land applicators. The plan shall be implemented whenever an unauthorized spill or discharge occurs. The plan shall be made available to the department upon request.

(b) Plan content. The emergency response plan shall include all of the following information:

1. The names and telephone numbers of persons who are identified by the permittee as responsible for implementing the emergency response plan.

2. Areas of the production area where potential unauthorized spills or discharges can occur, and their accompanying surface and subsurface drainage points.

3. Procedures to be followed in the event of an unauthorized spill or discharge, including the following:

a. Actions to contain, minimize and manage any unauthorized discharge.

b. Actions to mitigate the adverse effects of any unauthorized discharge.

c. Identification of contractors, equipment, equipment technical support, clean-up materials and alternative manure storage that can be used in the event of an unauthorized discharge.

d. Identification of land application sites or alternative storage facilities that can be used in the event of an unauthorized discharge during precipitation events or when soils are saturated, frozen or snow covered. Those land application sites identified shall have the lowest potential to deliver pollutants to waters of the state out of all the land application sites available to the permittee.

e. Procedures for reporting the unauthorized discharge to the permittee's main operational contact, any applicable local emergency or health authorities, and the department in accordance with permit requirements and s. 292.11 , Stats.

(c) Amendments. The emergency response plan shall be reviewed and, if appropriate or necessary, amended whenever the operation undergoes significant expansions or other changes that affect the volume or location of potential unauthorized spills or discharges. The plan shall be amended as needed to reflect changes in available equipment, available clean-up contractors or procedures to address unauthorized spills or discharges, or amended in accordance with comments provided by the department. Dates of plan amendments shall be retained with the plan at the production area.

(7)   Ancillary service and storage areas. In accordance with the terms and conditions of the WPDES permit, a permittee may discharge contaminated storm water to waters of the state from ancillary service and storage areas provided the discharges of contaminated stormwater comply with groundwater and surface water quality standards. These areas include CAFO outdoor vegetated areas, access roads, sites used for the handling or storage of material or refuse other than manure, bedding, feed or process wastewater, areas for storage or maintenance of material handling equipment, areas for shipping and receiving, and other sources of contamination that are not identified as part of the production area. These areas do not include land application areas. The permittee shall take preventive maintenance actions and conduct periodic visual inspections to minimize the discharge of pollutants from these areas to surface waters. For CAFO outdoor vegetated areas, the permittee shall also implement the following practices:

(a) Manage stocking densities, implement management systems and manage feed sources to ensure that sufficient vegetative cover is maintained over the entire area at all times.

(b) Prohibit direct access of livestock or poultry to surface waters or wetlands located in or adjacent to the area unless approved by the department.

(c) Comply with other measures specified in the permit to prevent exceedances of groundwater and surface water quality standards.

(8)   Mortality management.

(a) Animal carcasses may not be disposed of in a manner that results in a discharge of pollutants to surface waters, violates groundwater standards or impairs wetland functional values. Animal carcasses may not be disposed of directly into waters of the state. In addition, carcasses may not be disposed of in liquid manure or process wastewater containment, storage or treatment facilities unless the containment, storage or treatment facility is adequately designed to contain and treat carcasses and the facility has been approved by the department for that use.

(b) The permittee shall maintain records of mortality management and disposal methods in accordance with s. NR 243.19 .

History: CR 05-075 : cr. Register April 2007 No. 616 , eff. 7-1-07.

Note

Large CAFOs are not eligible for cost sharing under chs. NR 153 and 154 , nor is cost sharing necessary for compliance with the livestock performance standards and prohibitions. Microsoft Windows NT 6.1.7601 Service Pack 1 Operations are not allowed to discharge pollutants to navigable waters under any circumstance or storm event from areas 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. Microsoft Windows NT 6.1.7601 Service Pack 1 Copies of 40 CFR 412.22 and the other federal regulations referenced in 40 CFR 412.22 are available for inspection at the office of the department, Madison, Wisconsin and U.S. EPA offices. Microsoft Windows NT 6.1.7601 Service Pack 1 All existing source dairy, cattle, swine, poultry other than ducks, and veal operations, are subject to the same discharge limitations related to the 25-year, 24-hour storm event as well as the same allowances for alternative discharge limitations. New source swine, poultry other than ducks, and veal calves have more restrictive discharge limitations and additional criteria for receiving alternative discharge limitations. Microsoft Windows NT 6.1.7601 Service Pack 1 Pursuant to s. 292.11 , Stats., owners or operators of CAFOs are required to report spills of hazardous substances. Under s. 292.11 , Stats., manure can be considered a hazardous substance. Microsoft Windows NT 6.1.7601 Service Pack 1 Examples of ancillary service and storage areas include access roads into the production area, pesticide storage, motor oil and fuel drums, equipment repair areas, and junk or scrap piles. These areas do not include land application areas or areas that are part of the production area. Contaminated stormwater discharges from construction site areas are subject to the WPDES permit requirements under ch. NR 216 . Microsoft Windows NT 6.1.7601 Service Pack 1 The permittee should be aware that there are additional restrictions on the disposal of animal carcasses in ch. 95 , Stats., and ch. ATCP 3 . Furthermore, there may be local regulations regarding disposal of carcasses. If a carcass is disposed of off-site, the disposal may be subject to the requirements in s. NR 502.12 or ch. NR 518 . Microsoft Windows NT 6.1.7601 Service Pack 1 In accordance with s. 283.53 , Stats., the term of a WPDES permit cannot exceed 5 years. Microsoft Windows NT 6.1.7601 Service Pack 1