Section 243.17. Operation and maintenance.

  The permittee shall operate all constructed facilities and systems in accordance with applicable requirements of s. NR 243.13 , the operation and maintenance plan for a given facility or system, and WPDES permit conditions.

(1)   Digester facilities.

(a) Influent and effluent characterization.

1. Prior to introducing any additives to a digester, other than manure, the permittee shall obtain written department approval. If any materials other than manure are used in the digester, the permittee shall maintain daily records of the volumes of all manure and non-manure components added to the digester influent.

2. The department may require monitoring for additional pollutants, including metals, based on the characterization of digester additives or the digester influent or effluent.

3. The department may apply additional requirements under chs. NR 213 and 214 if either:

a. Materials other than manure comprise 10% or greater of the total digester volume.

b. The department determines that the chemical characterization of the digester influent or effluent warrants additional requirements.

(2)   Chemical addition or disposal.

(a) Additive approval. Except as provided in par. (b) , the permittee shall notify the department and obtain written department approval prior to adding any chemicals, pollutants or other wastes to any manure, process wastewater, or stormwater storage facility or treatment system. In this section, other wastes means any waste other than manure, process wastewater or stormwater. Factors the department will consider when approving a chemical or pollutant include:

1. The beneficial use or purpose of the chemical or pollutant.

2. The potential impact the storage or land application of the mixed waste containing the chemical or pollutant may have on waters of the state.

(b) Exceptions. The WPDES permit may specify certain additives for which written department approval is not required before adding the substance to a treatment or storage facility.

(c) Prohibited materials. Medical wastes, including expired or unused antibiotics, petroleum products not designed for use in manure storage facilities, pesticides, paints, solvents and hazardous wastes may not be disposed of in storage or treatment facilities specified in par. (a) .

(3)   Liquid manure-maintaining 180 days of storage.

(a) Except as provided in sub. (4) , once a permittee has constructed or established properly designed manure storage or containment facilities or a system of properly designed facilities that provide a minimum of 180 days of storage for liquid manure pursuant to s. NR 243.15 (3) (i) or (j) , the operation shall operate and maintain the storage facilities or system such that the 180-day design requirement is met for all animals onsite, except as allowed under sub. (4) .

(b) Liquid storage facilities or systems shall be emptied so that the 180-day level indicator, specified in s. NR 243.15 (3) (i) or (j) , is visible on at least one day between October 1 and November 30, except for liquid manure remaining due to unusual fall weather conditions prohibiting manure applications during this time period. The permittee shall record the day on which the 180-day level indicator was visible during this time period. Permittees unable to empty their storage facility to the 180-day level indicator between October 1 and November 30, shall notify the department by December 5.

(c) Permittees shall demonstrate compliance with the 180-day design storage capacity requirement at all the following times:

1. As part of an application for permit issuance and reissuance.

2. At the time of submittal of plans and specifications for proposed reviewable facilities or systems.

3. In annual reports to the department.

4. Subject to sub. (4) , when a facility is proposing, at any time, a 20% expansion in animal units or an increase by an amount of 1,000 animal units or more.

(4)   Liquid manure-exceptions to maintaining 180 days of storage.

(a) Permittees that have maintained a minimum of 180 days of storage capacity for liquid manure in accordance with sub. (3) may be allowed to temporarily reduce this level of minimum required design capacity to 150 days design capacity if all of the following are met:

1. The reduction in storage is related to a planned increase in animal units.

2. The permittee notifies the department in writing of the proposed reduction prior to the planned expansion and reduction in 180-day design storage.

3. The permittee has a department approved expansion plan and schedule outlining how the operation will acquire or construct additional storage to achieve 180 days of storage after the expansion. The proposed schedule to acquire or construct additional storage may not exceed 24 months from the date of notification.

(b) Failure to maintain 180 days of storage under this paragraph is not reason for allowing emergency applications of liquid manure under s. NR 243.14 (7) (d) .

(5)   Solid manure-maintaining storage during February and March. Pursuant to s. NR 243.15 (3) (g) and (h) , once a permittee has constructed or established properly designed manure storage facilities or a system of properly designed facilities that provide storage for solid manure generated at an operation site during February 1 through March 31, the operation shall operate and maintain the storage facilities or system to continue to provide storage for all solid manure generated at the operation site from February 1 to March 31, or otherwise obtain department approval to stack some or all of the manure in accordance with ss. NR 243.14 (6) (d) and 243.141 (1) .

(6)   Discharge prevention. A permittee shall operate and maintain storage and containment facilities to prevent overflows and discharges to waters of the state.

(a) The permittee may not exceed the maximum operating level in liquid storage or containment facilities except as a result of recent precipitation or conditions that do not allow removal of material from the facility in accordance with permit conditions.

(b) The permittee shall maintain a margin of safety in liquid storage or containment facilities that levels of manure, process wastewater and other wastes contained in the storage or containment facility may not exceed. Materials shall be removed from the facility in accordance with the permittee's nutrient management plan to ensure that the margin of safety is not exceeded.

(7)   Closure.

(a) General. If the permittee wishes to abandon or discontinue use of structures or systems covered under this subchapter, a closure plan shall be submitted to the department for prior approval.

(b) Manure storage facilities. Closure of manure storage facilities shall be completed, at a minimum, according to NRCS Standard 360, dated December 2002. NRCS Standard 360, dated December 2002, is incorporated by reference in s. NR 243.07 . Closure of a manure storage facility shall occur when manure has not been added or removed for a period of 24 months, unless the owner or operator can provide information to the department that the structure is designed to store manure for a longer period of time or information that the storage structure will be utilized within a specific period of time.

(c) Monitoring wells. Groundwater monitoring wells shall be abandoned in accordance with ch. NR 141 .

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

Note

The 180-day storage capacity includes process wastewater and other wastes mixed and stored with liquid manure. See s. NR 243.15 (3) (k) . Microsoft Windows NT 6.1.7601 Service Pack 1 Copies of NRCS Standard 360, dated December 2002, 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