Section 243.14. Nutrient management.

 

(1)   Nutrient management plans.

(a) General. Permittees shall submit a nutrient management plan developed by a nutrient management planner qualified under s. ATCP 50.48 to the department for review and approval outlining the amounts, timing, locations, methods and other aspects regarding the land application of manure and process wastewater. A complete nutrient management plan shall be submitted with a permit application in accordance with s. NR 243.12 . The nutrient management plan shall comply with the requirements of this section and the permittee's WPDES permit. Subject to additional requirements specified in this section and in a WPDES permit, the land application practices identified in the nutrient management plan shall, at a minimum, conform with the nutrient budgeting, soil test recommendations, application practices and restrictions contained in NRCS Standard 590.

(b) Plan content. The permittee's nutrient management plan shall contain information necessary to document how the operation's land application activities will comply with the restrictions in NRCS Standard 590, this chapter and the conditions of the operation's WPDES permit. In cases where there is limited acreage available for application, the department may require that the permittee submit additional or more specific information, including verification that the permittee has permission to land apply manure on fields not owned by the permittee. The department may require additional management practices be included in the nutrient management plan to ensure compliance with the requirements of this chapter and the permittee's WPDES permit.

(c) Amendments.

1. The nutrient management plan shall be reviewed and amended by the permittee on an annual basis to reflect any changes in operations. Except as provided in subd. 2. , the management plan may be amended at any time provided the proposed amendments are approved in writing by the department. An amendment does not become effective until the department has reviewed and approved the amendment.

2. The department may establish a condition in the WPDES permit that allows the permittee to implement certain types of nutrient management plan amendments without obtaining, or prior to obtaining, department approval.

(2)   General requirements.

(a) A discharge of manure or process wastewater pollutants to waters of the state by a CAFO as a result of the land application of manure or process wastewater is subject to the WPDES permit terms and conditions except where the discharge is an agricultural storm water discharge. A permittee's land application practices for manure and process wastewater shall comply with this section, the terms and conditions of the WPDES permit and the permittee's approved nutrient management plan. Except as provided in s. NR 243.142 (2) , the permittee is responsible for ensuring that the manure and process wastewater generated or handled at the operation is land applied or disposed of in a manner that complies with this subchapter and the terms and conditions of the WPDES permit.

(b) A permittee who land applies manure or process wastewater shall land apply all manure and process wastewater in compliance with the following requirements:

1. Manure or process wastewater may not pond on the application site.

2. During dry weather conditions, manure or process wastewater may not run off the application site, nor discharge to waters of the state through subsurface drains.

3. Manure or process wastewater may not cause the fecal contamination of water in a well.

4. Manure or process wastewater may not run off the application site nor discharge to waters of the state through subsurface drains due to precipitation or snowmelt except if the permittee has complied with all land application restrictions in this subchapter and the WPDES permit, and the runoff or discharge occurs as a result of a rain event that is equal to or greater than a 25-year, 24-hour rain event.

5. Manure or process wastewater may not be applied to saturated soils.

6. Land application practices shall maximize the use of available nutrients for crop production, prevent delivery of manure and process wastewater to waters of the state, and minimize the loss of nutrients and other contaminants to waters of the state to prevent exceedances of groundwater and surface water quality standards and to prevent impairment of wetland functional values. Practices shall retain land applied manure and process wastewater on the soil where they are applied with minimal movement.

7. Manure or process wastewater may not be applied on areas of a field with a depth to groundwater or bedrock of less than 24 inches.

8. Manure or process wastewater may not be applied within 100 feet of a direct conduit to groundwater.

9. Manure or process wastewater may not be applied within 100 feet of a private well or non-community system as defined in ch. NR 812 or within 1000 feet of a community well as defined in ch. NR 811 .

10. On a field with soils that are 60 inches thick or less over fractured bedrock, manure or process wastewater may not be applied on frozen ground or where snow is present.

11. Manure or process wastewater may not be applied on fields when snow is actively melting such that water is flowing off the field.

12. Where incorporation of land applied manure is required under NRCS Standard 590, the incorporation shall occur within 48 hours of application.

13. Manure or process wastewater may not be surface applied when precipitation capable of producing runoff is forecast within 24 hours of the time of planned application.

(c) Land application of process wastewater shall be included in the permittee's nutrient management plan and shall be done in accordance with the requirements of this section, except that process wastewater may be applied to frozen or snow covered ground in accordance with the requirements in s. NR 214.17 (2) to (6) instead of subs. (6) and (7) . The permittee shall specify in the nutrient management plan or permit application whether process wastewater will be applied to frozen or snow-covered ground in accordance with subs. (6) and (7) or s. NR 214.17 (2) to (6) .

(d) If incorporation is required under this section or the WPDES permit, the permittee shall specify the method of incorporation in the nutrient management plan.

(e) A permittee shall identify as part of its nutrient management plan, to the maximum extent practicable, the presence of subsurface drainage systems in fields where its manure or process wastewater is applied.

(f) Subject to other restrictions on application rates in this section, the permittee shall use results of manure, process wastewater and soil analyses to determine nutrient application rates for manure and process wastewater.

(3)   Nutrient crediting. A permittee's manure and process wastewater application rates shall take into account soil nutrient levels prior to landspreading, nutrient applications from other sources, including commercial fertilizers, biosolids, first and second year manure and legume credits, and other sources of nutrients that are expected to be applied or have already been applied to land where manure or process wastewater will be applied. Adjustments shall be made to assumed nutrient credits based on actual crop yields.

(4)   SWQMA application restrictions.

(a) Subject to additional restrictions in subs. (6) and (7) for the winter season, a permittee shall choose and implement one of the following options whenever manure or process wastewater is applied on areas of fields within the SWQMA:

1. Not apply manure or process wastewater within 25 feet of a navigable water, conduit to a navigable water or wetland; and inject or immediately incorporate manure and process wastewater in all other areas within the SWQMA.

2. Not apply manure or process wastewater within 25 feet of a navigable water, conduit to a navigable water or wetland; and surface apply liquid manure and process wastewater in all other areas of the SWQMA provided that all of the following conditions are met:

a. The application is on long-term no-till ground.

b. The ground has 30% crop residue or more at the time of application.

c. The hydraulic application rate is limited to that specified in Table 3.

3. Establish a 35-foot wide vegetated buffer adjacent to the navigable water, conduit to a navigable water or wetland where there is no application of manure or process wastewater on the buffer; and comply with a practice in this subd. 3. a. or b. For the purposes of this subdivision, a vegetated buffer means a narrow, permanent strip of dense perennial vegetation established parallel to the contours of and perpendicular to the dominant slope of the field for the purposes of slowing water runoff, enhancing water infiltration, and minimizing the risk of any potential nutrients or pollutants from leaving the field and reaching navigable waters.

a. Inject or immediately incorporate manure and process wastewater in all other areas within the SWQMA, or

b. Surface apply in all other areas of the SWQMA provided the ground has 30% residue or more at the time of application and the hydraulic application rate is limited in accordance with Table 3.

4. Establish a filter strip that is a minimum of 21 feet wide adjacent to the navigable water, conduit to a navigable water or wetland; and comply with a practice in this subd. 4. a. or b. The filter strip shall be designed in accordance with NRCS Standard 393, dated January 2001. NRCS Standard 393, dated January 2001, is incorporated by reference in s. NR 243.07 .

a. Inject or immediately incorporate manure and process wastewater in all other areas within the SWQMA, or

b. Surface apply in all other areas of the SWQMA provided the ground has 30% residue or more at the time of application and the hydraulic application rate is limited in accordance with Table 3.

5. Not apply manure or process wastewater within 100 feet of a navigable water or conduit to a navigable water.

6. Implement other practices within the SWQMA that are approved, in writing, by the department provided that the permittee demonstrates pollutant reductions are equivalent to, or better than, reductions achieved by not applying manure or process wastewater within 100 feet of downgradient navigable waters or conduits to navigable waters.

(b) The nutrient management plan shall specify the land application practices that have been selected and will be followed on each field to meet the requirements of this subsection. Permittees implementing practices under par. (a) 1. , 2. or 4. shall demonstrate to the department how the practices provide for pollutant reductions equivalent to, or better than, reductions achieved by not applying manure and process wastewater within 100 feet of downgradient navigable waters or conduits to navigable waters.

(c) If the application rates in Table 3 apply pursuant to any of the requirements in par. (a) 2. to 4. , any additional applications made to meet the allowed nutrient crop budget shall be done with a minimum of 7 days between applications, provided the soils are not saturated. - See PDF for table

(5)   Phosphorus delivery.

(a) The permittee shall assess and minimize the potential for delivery of phosphorus to waters of the state from fields by applying its manure and process wastewater in accordance with one of the methods specified in subd. 1. or 2. The permittee shall specify the method it will apply to a field in the nutrient management plan.

1. Use the soil test phosphorus method specified in NRCS Standard 590. In addition, for applications to fields directly adjacent to, or that have been determined by the department to have a high potential to deliver phosphorus to, 303 (d) listed waters impaired by nutrients or outstanding or exceptional resource waters, the permittee may not increase soil test phosphorus levels over a crop rotation unless the permittee receives department approval, and the permittee can demonstrate that deliverability of phosphorus to these waters will not increase as a result of increases in soil test phosphorus in the field. The permittee may not raise soil test phosphorus levels over a rotation above the optimum level for the highest phosphorus demanding crop in a rotation for a field with soil test phosphorus levels below optimum levels.

2. Use the phosphorus index method specified in NRCS Standard 590.

(b) If a permittee applies manure or process wastewater on fields with soil test levels greater than 100 ppm, the permittee shall comply with the requirements in both subd. 1. and 2. :

1. For fields with soil test phosphorus levels between 100 ppm and 200 ppm, the permittee shall calculate the planned average phosphorus index value for the crop rotation or for the next 4-year period, whichever time period is less. If the calculated average phosphorus index value is greater than 6, manure and process wastewater applications to that field are prohibited. If the calculated phosphorus index value is 6 or less, applications are allowed provided that the cumulative application of phosphorus from manure and process wastewater does not exceed 50% of the cumulative annual crop phosphorus removal over the rotation or the next 4-year period, whichever is less.

2. For fields with soil test phosphorus levels of 200 ppm and greater, applications of phosphorus from manure and process wastewater are prohibited unless the permittee receives department approval. The department may only approve the application if all of the following requirements are met:

a. The permittee can demonstrate that additional applications of manure or process wastewater will not significantly increase phosphorus delivery to surface waters or wetlands.

b. The permittee calculates the planned average phosphorus index value for the rotation or the next 4-year period, whichever is less and the planned average phosphorus index value is 6 or less.

c. The cumulative application of phosphorus from manure and process wastewater does not exceed 50% of the cumulative annual crop phosphorus removal over the rotation or the following 4-year period, whichever is less.

(6)   Solid manure winter restrictions. The restrictions in this subsection apply to the land application of solid manure on frozen or snow covered ground.

(a) Frozen ground-solid manure. Unless prohibited under par. (c) , solid manure may be surface applied on frozen ground if the manure is applied in compliance with the restrictions in Table 4 or otherwise immediately incorporated.

(b) Snow covered ground-solid manure. Unless prohibited under par. (c) , solid manure may only be land applied to snow covered ground in accordance with the following:

1. If less than one inch of snow is present on the area where manure is to be land applied, the permittee may surface apply or immediately incorporate the solid manure.

2. If one to 4 inches of snow is present on the area where manure is to be land applied, the permittee shall surface apply the manure in compliance with restrictions in Table 4 or otherwise immediately incorporate the solid manure.

3. If more than 4 inches of snow is present on the area where manure is to be land applied, the permittee shall surface apply the solid manure in compliance with the restrictions in Table 4. Incorporation of solid manure is prohibited.

(c) High-risk runoff period.

1. Beginning January 1, 2008, solid manure may not be surface applied from February 1 through March 31 if any of the following conditions exist on the area of the field where the manure is to be applied:

a. Snow is present to a depth of one inch or greater.

b. The ground is frozen.

(d) To meet the requirements of par. (c) , a permittee may choose to stack solid manure generated at a production area location in accordance with s. NR 243.141 (1) rather than use a storage facility that meets the design requirements in s. NR 243.15 . - See PDF for table

(7)   Liquid manure winter restrictions. The following additional restrictions in this subsection apply to the land application of liquid manure on frozen or snow covered ground:

(a) Frozen ground-liquid manure. Surface application of liquid manure on frozen ground is prohibited, except for an emergency situation under par. (d) or if allowed under par. (e) . Injection or immediate incorporation of liquid manure is allowed on frozen ground, except if prohibited due to snow covered conditions under par. (b) .

(b) Snow covered ground-liquid manure. Unless prohibited under par. (c) and subject to the frozen ground prohibition in par. (a) , liquid manure may only be land applied to snow covered ground in accordance with the following:

1. If less than one inch of snow is present on the area where liquid manure is to be applied, surface application, injection or immediate incorporation of liquid manure is allowed.

2. If there is one to 4 inches of snow present on the area where liquid manure is to be applied, surface application of liquid manure is prohibited, except for department approved emergencies under par. (d) or if allowed under par. (e) . Immediate incorporation or injection is allowed on areas where there is one to 4 inches of snow.

3. If there is greater than 4 inches of snow on the area where liquid manure is to be applied, surface application and incorporation of liquid manure is prohibited, except for department approved emergencies under par. (d) or if allowed under par. (e) . Injection of liquid manure is allowed on areas where there is greater than 4 inches of snow.

(c) High-risk runoff period.

1. Unless there is a department approved emergency situation under par. (d) , liquid manure may not be surface applied from February 1 through March 31.

(d) Emergency applications for liquid manure.

1. Except as provided in subd. 3. , a permittee may surface apply liquid manure on frozen or snow covered ground on an emergency basis in accordance with the restrictions in Table 5 if all of the following conditions are met:

a. The manure is from a storage or containment facility that is designed and maintained in accordance with ss. NR 243.15 and 243.17 to provide 180 days of storage for the manure.

b. The application of manure is necessitated by exceedances or expected exceedances of the margin of safety level that were unavoidable due to unusual weather conditions, equipment failure or other unforeseen circumstances beyond the control of the permittee.

c. The permittee has notified the department verbally prior to the emergency application. Unless necessitated by imminent impacts to the environment or human or animal health, the permittee may not apply manure to a field on an emergency basis until the department has verbally approved the application.

d. The permittee submits a written description of the emergency application and the events leading to the emergency application to the department within 5 days of the emergency application.

2. Allowances for emergency surface applications of liquid manure do not apply to situations where a permittee has failed to properly maintain storage capacity either through improper design or management of the storage facility, including failure to properly account for the number or volume of wastestreams entering the facility, failure to empty a storage or containment facility in accordance with permit conditions prior to the onset of frozen or snow covered ground conditions or due to an increase in animal units.

3. The permittee shall conduct emergency surface applications of liquid manure in accordance with the restrictions in Table 5. The permittee may only conduct emergency surface applications on fields that the department has approved for emergency applications, in writing, as part of a nutrient management plan. The department may approve alternate fields and impose alternative restrictions, in writing and on a case-by-case basis, if fields that meet the restrictions in Table 5 are not available at the time of the emergency application, the permittee has explored all other options identified in its emergency response plan and the application results in a winter acute loss index value of 4 or less using the phosphorus index.

(e) Existing source CAFOs-liquid manure exception. Prior to January 1, 2010, if an existing source CAFO does not have 180 days of storage for liquid manure as specified in s. NR 243.15 , the permittee may surface apply liquid manure on frozen or snow covered ground in accordance with the restrictions in Table 5 without satisfying the emergency criteria in par. (d) . If a permittee does not have access to sites that meet the criteria in Table 5, the department may approve alternate sites and restrictions, in writing on a case-by-case basis as part of a nutrient management plan provided the application results in a winter acute loss index value of 4 or less using the phosphorus index. This allowance for existing source CAFOs to surface apply liquid manure on frozen or snow covered ground without satisfying the emergency criteria in par. (d) is not applicable after January 1, 2010.

(f) Frozen liquid manure. Liquid manure that is frozen and cannot be transferred to a manure storage facility may be surface applied on frozen or snow-covered ground in accordance with the restrictions in Table 5. Surface applications of frozen liquid manure do not require prior department approval or notification provided application sites for frozen liquid manure are identified in the approved nutrient management plan. During February and March, the permittee shall notify the department if the permittee expects to surface apply frozen liquid manure more than 5 days in any one month.

(8)   Identification of sites. The permittee shall submit sites that meet or are expected to meet the criteria in Tables 4 and 5 for manure and the criteria in s. NR 214.17 (2) to (6) for process wastewater to the department for review and approval as part of its nutrient management plan. In addition, the permittee shall evaluate each field at the time of application to determine if conditions are suitable for applying manure and complying with the requirements of this section. All surface applications of manure or process wastewater on frozen or snow-covered ground shall occur on those fields that represent the lowest risk of pollutant delivery to waters of the state and where the application results in a winter acute loss index value of 4 or less using the phosphorus index.

(9)   Adequate storage. All permittees shall have and maintain adequate storage for all manure and process wastewater generated at the operation to ensure that wastes can be properly stored and land applied in compliance with the conditions and timing restrictions of the permit, nutrient management plan and this chapter. As part of the nutrient management plan, the permittee shall provide the department with documentation that it has adequate storage and methods of maintaining adequate storage for manure and process wastewater generated at the operation. For liquid manure, adequate storage means a minimum of 180 days of storage designed and maintained in accordance with ss. NR 243.15 (3) (i) to (k) and 243.17 (3) and (4) .

(10)   Additional restrictions. The department may require the permittee to implement practices in addition to or that are more stringent than the requirements specified in this section when necessary to prevent exceedances of groundwater quality standards, prevent impairments of wetland functional values, prevent runoff of manure or process wastewater during dry weather conditions or to address previous manure or process wastewater runoff events or discharges from a site to waters of the state that occurred despite compliance with this section and the conditions of a WPDES permit. These conditions may include additional restrictions on nitrogen and phosphorus loadings or other nutrients and pollutants associated with the manure or process wastewater, injection or incorporation requirements, restrictions on winter landspreading, distribution schedules, and other management or site restrictions. The department may also consider nutrient management conditions contained in ch. ATCP 50 as well as the following site-specific factors when developing permit conditions or reviewing and approving the nutrient management plan or any proposed amendments to an approved nutrient management plan:

(a) Soil limitations such as permeability, infiltration rate, drainage class and flooding hazard.

(b) Volume and water content of the waste material.

(c) Available storage capacity and method of application.

(d) Nutrient requirements of the crop or crops to be grown on the fields utilizing the manure.

(e) The presence of subsurface drainage systems.

(f) Potential impacts to waters identified as source water protection areas.

(g) Potential impact to groundwater in areas with direct conduits to groundwater, shallow soils over bedrock, highly permeable soils and shallow depth to groundwater.

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

Note

The Wisconsin Conservation Planning Technical Note WI-1 contains additional detail on the information that needs to be included in a plan drafted in accordance with NRCS Standard 590, as well as additional background information useful for nutrient management planning. While additional information beyond that outlined in the technical note is needed to comply with the requirements of this section, the technical note does provide general guidance on how to create a nutrient management plan. Microsoft Windows NT 6.1.7601 Service Pack 1 In addition to implementing practices specified in a nutrient management plan, the permittee should consider the following factors when making decisions about the timing of application and placement of manure and process wastewater on fields: the ability of the soil to absorb or otherwise hold liquids associated with manure and process wastewater based on the soil's moisture content or permeability, if snow is present on a field or the ground is frozen, the prediction of temperature increases that will likely result in sudden snowmelts or pollutant movement, upslope areas contributing runoff or snow melt to the site where applications occur, and other field conditions that may contribute to runoff events. Microsoft Windows NT 6.1.7601 Service Pack 1 Under s. NR 243.19 , the permittee shall conduct sampling of manure, process wastewater and soils, keep records associated with sampling and land application activities and submit reports to the department regarding the sample results and land application of manure and process wastewater. Microsoft Windows NT 6.1.7601 Service Pack 1 Pursuant to s. NR 243.142 , the permittee is responsible for land application activities of the manure and process wastewater generated by the large CAFO, including the land application activities of contract haulers and employees. Microsoft Windows NT 6.1.7601 Service Pack 1 Copies of NRCS Standard 393, dated January 2001 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. Microsoft Windows NT 6.1.7601 Service Pack 1 The Wisconsin buffer initiative may provide additional information on the proper design and use of riparian buffers to best protect water quality. Microsoft Windows NT 6.1.7601 Service Pack 1 Demonstrations of equivalent practices may consist of model outputs, calculations or other means of demonstrating equivalent pollutant reductions. Microsoft Windows NT 6.1.7601 Service Pack 1 1 Fine – clay, silty clay, silty clay loam, clay loam.
Medium – sandy clay, sandy clay loam, loam, silt loam, silt.
Coarse – loamy sand, sandy loam, sand. This category includes peat and muck based on their infiltration capacity. Microsoft Windows NT 6.1.7601 Service Pack 1 Maps or written descriptions of the locations of outstanding and exceptional resource and 303 (d) listed waters can be found on the department's website at http://dnr.wi.gov . Microsoft Windows NT 6.1.7601 Service Pack 1 In accordance with s. NR 243.14 (1) (a) and NRCS Standard 590, a permittee shall determine optimum soil phosphorus levels for various Wisconsin crops as specified in University of Wisconsin-Extension Publication A2809, "Soil Test Recommendations for Field, Vegetable and Fruit Crops." Microsoft Windows NT 6.1.7601 Service Pack 1 Strategies for assessing and reducing phosphorus index (PI) values, algorithms, and software for calculating the Wisconsin PI can be found at http://wpindex.soils.wisc.edu/ . Microsoft Windows NT 6.1.7601 Service Pack 1 A permittee that complies with the requirements of this section and its WPDES permit also addresses delivery of nitrogen to waters of the state. Microsoft Windows NT 6.1.7601 Service Pack 1 Also see s. NR 217.04 (1) (a) 5. Microsoft Windows NT 6.1.7601 Service Pack 1 If there is less than one inch of snow on the ground and the ground is frozen, pursuant to par. (a), Table 4 restrictions must be followed when surface applying solid manure. Microsoft Windows NT 6.1.7601 Service Pack 1 It is assumed that proper incorporation of solid manure is not achievable if more than 4 inches of snow is present at the time of application. Microsoft Windows NT 6.1.7601 Service Pack 1 Under the initial applicability provisions, the prohibition of surface application of solid manure during the high-risk period does not apply to an operation permitted as of July 1, 2007, until permit reissuance or modification. An exception to delaying compliance until permit reissuance or modification is if an operation is permitted as of July 1, 2007, and the permit requires compliance upon written department notification. Under par. (c), department notification may not require compliance prior to January 1, 2008. Microsoft Windows NT 6.1.7601 Service Pack 1 Solid manure may be surface applied at other times of the winter, or may be incorporated at other times during the winter, including high-risk runoff periods, if the application is done in accordance with pars. (b) and (c) and other land application requirements in this chapter. Microsoft Windows NT 6.1.7601 Service Pack 1 Prior to January 1, 2010, existing source CAFOs may surface apply liquid manure at other times of the winter. Also, during the high-risk period, liquid manure may be injected or incorporated if allowed under pars. (b) and (c) and other requirements in this chapter. Microsoft Windows NT 6.1.7601 Service Pack 1 The allowance for emergency surface applications in compliance with permit conditions is intended to avoid more significant impacts to human health and water quality associated with uncontrolled overflows of manure storage facilities. Causes of emergency surface applications could include conditions such as prolonged storm events or early onset of frozen ground conditions that preclude applications of manure prior to the onset of frozen or snow covered ground conditions provided that the operation made all other attempts to maintain storage volume before an emergency application became necessary. Microsoft Windows NT 6.1.7601 Service Pack 1 The winter acute loss index value is displayed under the heading "Acute Loss Frozen Soil PI" in the cropping screen of the Snap-Plus nutrient management software program. Microsoft Windows NT 6.1.7601 Service Pack 1 Reporting requirements for emergency surface applications are contained in s. NR 243.19 . Microsoft Windows NT 6.1.7601 Service Pack 1 An existing source CAFO is defined under s. NR 243.03 (23) . Microsoft Windows NT 6.1.7601 Service Pack 1 Applications of frozen manure under par. (f) are limited to times when the operation's manure handling system is not functioning due to very cold weather. - See PDF for table Microsoft Windows NT 6.1.7601 Service Pack 1