Section 50.62. Manure storage systems.

 

(1)   Definitions. In this section:

(a) "Animal feeding operation" means a feedlot or facility, other than a pasture, where animals are fed, confined, maintained, or stabled for 45 days or more in any 12-month period. Two or more animal feeding operations under common ownership or management constitute a single animal feeding operation if any of the following apply:

1. The operations are adjacent.

2. The operations use common plans, acreage, or systems to landspread manure or other wastes.

3. Manure, barnyard runoff, or other wastes are commingled in a common storage facility prior to landspreading.

(b) "Manure management system" means a system of one or more practices, facilities, techniques, or measures used to prevent or reduce pollutants associated with manure. A "manure management system" may include one or more of the following:

1. A manure storage system.

2. A barnyard runoff control system as defined in s. ATCP 50.64 (1) .

3. Nutrient management as defined in s. ATCP 50.78 (1) .

4. Manure storage system closure as defined in s. ATCP 50.63 (1) (b) .

5. Well abandonment as described in ch. NR 812 .

6. A waste transfer system as defined in s. ATCP 50.93 (1) .

(c) "Manure storage facility" means one or more manure storage structures. "Manure storage facility" includes stationary equipment and piping used to load or unload a manure storage structure if the equipment is specifically designed for that purpose and is an integral part of the facility. "Manure storage facility" does not include equipment used to apply manure to land.

(d) "Manure storage structure" means a manure storage impoundment made by constructing embankments, excavating a pit or dugout, or fabricating a structure. "Manure storage structure" does not include equipment used to apply manure to land.

(e) "Manure storage system" means a manure storage facility and related practices needed for the environmentally safe storage of manure at that facility. A "manure storage system" does not include any of the following:

1. A milking center waste control system, except for the system component used to transfer the waste to manure storage.

2. Nutrient management as defined in s. ATCP 50.78 (1) .

3. A barnyard runoff control system as defined in s. ATCP 50.64 (1) , except for the system component used to transfer the waste to manure storage.

4. Equipment used to apply manure to land.

5. A feed storage system, except for the system component used to transfer leachate and contaminated runoff to manure storage.

(2)   Manure storage systems; eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs related to a manure storage system:

(a) Costs to design or construct the system.

(b) Costs to purchase and install permanent fencing needed to protect the system.

(c) Abandonment of the system if abandonment is required to meet water quality objectives.

(d) Costs to repair, reconstruct, or modify the system, or to abandon a related well, if all of the following apply:

1. The action is needed to meet water quality objectives.

2. The remaining portions of the system are fully operational.

3. The landowner has made a substantial investment in the system, and will lose that investment if the system is not repaired or modified.

(3)   Manure storage systems; ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse any of the following costs:

(a) Costs to design a manure storage system that is not installed.

(b) Costs to construct, modify, or support a building. This paragraph does not apply to a modification that is essential for the installation of a manure storage system, or to the construction of a roof pursuant to s. ATCP 50.84 .

(c) Costs for equipment used to apply manure to land, including manure spreaders, portable pumps, and other nonstationary equipment.

(d) Any manure storage system costs related to an animal feeding operation if all of the manure from that operation could be applied to land according to the NRCS technical guide nutrient management standard 590 (September, 2005) without causing or aggravating nonattainment of water quality standards.

(e) Costs of removing or spreading manure from the system.

(f) Costs for more than one manure storage system for an animal feeding operation.

(g) Costs for a manure storage system, to the extent that those costs exceed the cost of an equally effective alternative.

(h) That portion of the system capacity needed to accommodate a significant increase in the base livestock population size. If the landowner chooses a system with additional capacity, the cost-share grant will be prorated based on the eligible capacity. The following criteria shall be used in making the determinations under this paragraph, as applicable:

1. The criteria used in s. NR 151.095 (5) (d) 2. d. to determine the size of the base livestock population.

2. The criteria used in s. NR 151.095 (5) (d) 2. d. to determine significant increases to the base livestock population.

3. The calculation used in s. NR 243.11 (2) to measure animal units.

(i) A system capacity needed for a livestock population size for which a WPDES permit application is required under s. NR 243.12 (1) (a) or (b) . The size of the livestock population shall be measured in animal units according to s. NR 243.11 (2) .

(4)   Manure storage systems; grant disqualification. A county land conservation committee may not award a cost-share grant for a manure storage system if any of the following apply:

(a) The landowner intentionally aggravated a pollution discharge from the animal feeding operation.

(b) The landowner could prevent the discharge of pollutants through improved management practices at nominal cost.

(c) The manure storage system will not achieve compliance with applicable state and local regulations.

(d) The landowner holds, or is required to apply for, a Wisconsin pollution discharge elimination system permit for the animal feeding operation under s. 283.31 , Stats.

(e) The landowner could have prevented the discharge of pollutants by complying with an operations and maintenance plan previously agreed upon by the landowner and one of the following:

1. The department.

2. The county land conservation committee.

3. DNR.

4. NRCS.

(5)   Manure storage systems; design, construction, and maintenance. A cost-share grant under s. ATCP 50.40 may not reimburse any costs related to a manure storage system unless all of the following conditions are met:

(a) The system capacity is necessary to store the manure produced by the animal feeding operation over a normal period of 30 to 365 days, as verified by a nutrient management plan or an operation and maintenance plan.

(b) The system complies with well location requirements under s. NR 812.08 .

(c) If the manure storage facility is designed to be emptied annually or semi-annually, manure from the system is incorporated into the soil within 3 days after it is applied to land.

(d) No manure from the system is applied to frozen or saturated ground.

(e) The system complies with all of the following that apply:

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

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

3. NRCS technical guide well decommissioning standard 351 (October, 2014).

4. NRCS technical guide fence standard 382 (January, 2014).

5. NRCS technical guide heavy use area protection standard 561 (August, 2015).

6. NRCS technical guide pond sealing or lining — flexible membrane standard 521A (September, 2012).

7. NRCS technical guide pond sealing or lining — bentonite sealant standard 521C (January, 2011).

8. NRCS technical guide pond sealing or lining — compacted clay treatment standard 521D (September, 2012).

9. Other standards specified by the department.

(em) The landowner agrees, in writing, to maintain the original storage capacity, measured in days per year, of the cost-shared practice for the 10 year maintenance period of the cost-share contract. If more animals are added during the 10 year maintenance period, all of the following provisions apply:

1. The landowner is responsible, at his or her own cost, for construction of any additional storage necessary to maintain the same number of days of storage capacity if the landowner's nutrient management plan cannot be modified to allow for land spreading of the additional manure from the expanded livestock operation.

2. The landowner may be required to add manure storage capacity without an offer of cost-sharing, notwithstanding s. ATCP 50.08 .

(f) The landowner establishes a nutrient management plan, and agrees to comply with that plan and maintain the manure storage system for 10 years unless the landowner discontinues the animal feeding operation.

CR 01-090 : cr. Register September 2002 No. 561 , eff. 10-1-02; CR 05-013 : am. (3) (d) Register May 2007 No. 617 , eff. 6-1-07; CR 08-075 : am. (5) (e) 1. to 3. and 5. Register April 2009 No. 640 , eff. 5-1-09; CR 13-016 : cr. (1) (b) 6., am. (1) (e) 1., 3., cr. (1) (e) 5., am. (5) (e) 1. to 5., renum. (5) (e) 6. to (5) (e) 9., cr. (5) (e) 6. to 8., (em), am. (5) (f) Register February 2014 No. 698 , eff. 5-1-14; CR 14-047 : am. (5) (e) 1., 2., 4., 5. Register May 2015 No. 713 , eff. 6-1-15; CR 16-012 : am. (5) (e) 3., 5. Register August 2016 No. 728 , eff. 9-1-16.

Note

The NRCS technical guide standard 590 is on file with the department and the legislative reference bureau. Copies can be obtained by visiting the department website at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx . The feasibility of applying manure to land under par. (d) will be determined in light of existing topographic, climatological, and management factors. Microsoft Windows NT 6.1.7601 Service Pack 1 The landowner must provide to the county a completed nutrient management checklist to receive cost-share payment for this practice and must provide an updated checklist for each year of the maintenance period. A person may obtain a copy of the checklist from the county conservation office or by visiting the department website at: https://datcp.wi.gov/Pages/Programs_Services/ATCP50.aspx , or by contacting the department in writing at: Microsoft Windows NT 6.1.7601 Service Pack 1 Wisconsin Department of Agriculture, Trade and Consumer Protection Microsoft Windows NT 6.1.7601 Service Pack 1 Division of Agricultural Resource Management Microsoft Windows NT 6.1.7601 Service Pack 1 P.O. Box 8911 Microsoft Windows NT 6.1.7601 Service Pack 1 Madison, WI 53708-8911 Microsoft Windows NT 6.1.7601 Service Pack 1Email: [e-mail] Microsoft Windows NT 6.1.7601 Service Pack 1