Section 50.56. Manure storage systems; ordinance.

 

(1)   General. A county, city, village, or town may adopt an ordinance under s. 92.16 , Stats., that establishes standards for manure storage systems.

(2)   Contents. An ordinance adopted under s. 92.16 , Stats., shall include all of the following:

(a) The authority of the county, city, village, or town to adopt the ordinance.

(b) The purpose for the ordinance, and the findings that prompted the county, city, village, or town to adopt the ordinance.

(c) Definitions of significant terms used in the ordinance.

(d) Construction provisions under sub. (3) .

(e) Closure provisions under sub. (4) , if any.

(f) Conditions, if any, under which the county, city, village, or town may require the closure of a manure storage system.

(g) Provisions, if any, for monitoring the adequacy of manure storage systems, including the adequacy of related nutrient management practices.

(h) Provisions related to ordinance administration, including inspection and enforcement authority, appeal procedures, and penalties for violating the ordinance.

(i) Provisions, if any, related to the initial applicability and severability of the ordinance.

(j) The effective date of the ordinance.

(3)   Construction provisions.

(a) An ordinance adopted under s. 92.16 , Stats., shall establish requirements for constructing a new or modified manure storage system, including storage and transfer components to handle manure.

(b) An ordinance adopted under s. 92.16 , Stats., shall include provisions that do all of the following:

1. Prohibit construction of any part of a manure storage system without a permit from the county, city, village, or town that adopts the ordinance.

2. Require submission of a construction plan, a drawing reflecting design changes made during construction, and documentation certifying that the system was installed in accordance with technical standards.

3. Require a nutrient management plan that complies with s. ATCP 50.04 (3) .

4. Require consistency with state performance standards and prohibitions, and require construction in accordance with technical standards including all of the following:

a. NRCS technical guide waste storage facility standard 313 (January, 2014).

b. NRCS technical guide waste transfer standard 634 (January, 2014).

c. Other applicable NRCS technical guide standards.

d. Applicable DNR requirements under s. 281.65 (4) (g) 5. , Stats.

(4)   Closure provisions. An ordinance adopted under s. 92.16 , Stats., may prohibit any person from closing a manure storage system unless that person does all of the following:

(a) Submits a closure plan for approval by the county, city, village, or town. The closure plan shall comply with the waste facility closure provisions contained in the NRCS technical guide, closure of waste impoundments standard 360 (March, 2013).

(b) Obtains a permit for the closure.

(c) Complies with the approved closure plan under par. (a) .

(5)   County review. Before a county, city, village, or town adopts or amends a manure storage ordinance under s. 92.16 , Stats., the county, city, village, or town shall refer the proposed ordinance or amendment to the county land conservation committee and the county planning and zoning agency for review and comment.

(6)   Department oversight. The department may require a county, city, village, or town to do either of the following in connection with the administration of an ordinance under s. 92.16 , Stats.:

(a) Use a department-approved application for permitting the construction or closure of a manure storage system or structure.

(b) Submit a proposed or adopted ordinance to the department for review to determine consistency with this chapter. The department may ask the county, city, village, or town for information that it needs to perform the review.

CR 01-090 : cr. Register September 2002 No. 561 , eff. 10-1-02; CR 08-075 : am. (3) (c) 1., 2. and (4) (a) Register April 2009 No. 640 , eff. 5-1-09; CR 13-016 : am. (2) (e), (f), r. and recr. (3), am. (4) (title), (intro.), (a) to (c), (6) (title), renum. (6) to (6) (intro.) and (b) and am., cr. (6) (a) Register February 2014 No. 698 , eff. 5-1-14; CR 14-047 : am. (3) (b) 4. a., b. Register May 2015 No. 713 , eff. 6-1-15; correction in (3) (b) 4. a. made under s. 35.17 , Stats., Register May 2015 No. 713 .

Note

Section ATCP 50.62 (1) includes relevant definitions that may be used in a manure storage ordinance. Microsoft Windows NT 6.1.7601 Service Pack 1 The monitoring system may be applied to all manure storage systems, regardless of when those systems were installed. Microsoft Windows NT 6.1.7601 Service Pack 1 See s. ATCP 50.01 (20) . Microsoft Windows NT 6.1.7601 Service Pack 1 A local governmental unit may not require a manure storage permit for livestock facilities if it also requires the livestock facility to obtain a permit under the livestock siting law (s. 93.90 , Stats.) for a new or expanded livestock facility. (See s. ATCP 50.54 (1) (Note)). Microsoft Windows NT 6.1.7601 Service Pack 1 Unless the ordinance specifies otherwise, a permit would cover activities related to the construction of a facility, and not its operation and use. Microsoft Windows NT 6.1.7601 Service Pack 1 Ordinances should provide sufficient time for the local governmental unit to review engineering plans and specifications submitted by applicants. The timelines in s. NR 243.15 (1) (b) and s. ATCP 51.32 are designed to enable permit issuers to thoroughly review today's complex systems for completeness and conformance with applicable standards. Local governmental units should make every effort to coordinate their permit reviews with other government programs conducting similar reviews. Microsoft Windows NT 6.1.7601 Service Pack 1 A nutrient management plan, demonstrating that manure can be properly utilized, should be included with a permit application under par. (a). If the county, city, village, or town wants to monitor compliance with the nutrient management plan, its ordinance may include monitoring provisions under sub. (2) (g). Microsoft Windows NT 6.1.7601 Service Pack 1 The NRCS technical guide standard 360 is on file with the department and the legislative reference bureau. Microsoft Windows NT 6.1.7601 Service Pack 1 An ordinance may apply the closure requirements under sub. (4) to any manure storage system, regardless of when that system was installed. Microsoft Windows NT 6.1.7601 Service Pack 1 Copies of NRCS technical guide standards, including any secondary standards incorporated by reference in those standards, can be obtained by visiting the department website at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx . Microsoft Windows NT 6.1.7601 Service Pack 1 See s. 92.05 (3) (L) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1