Section 50.705. Feed storage runoff control systems.

 

(1)   Definitions. In this section:

(a) "Feed storage area" means an area used to store livestock feed including corn silage, haylage, and industrial by-products including distillers grain, brewers grain, candy, pizza crust, bakery waste, cotton seed, soybean meal, animal fats, blood meal, fish meal, cannery waste, beet pulp, citrus pulp, soy hulls, corn middlings, whey, potatoes, and grocery store vegetables. The feed storage area includes the area up to the outside edge of the surface on which the feed is stored and any apron area.

(b) "Feed storage runoff control system" means a system of facilities or practices to contain, divert, retard, treat, or otherwise control the discharge of leachate and contaminated runoff from livestock feed storage areas.

(2)   Eligible costs. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs related to a feed storage runoff control system:

(a) Costs for diversion of clean water from the storage area.

(b) Costs for conduits, permanent pumps, and related equipment required to collect, transfer, and store discharges of leachate and contaminated runoff including subsurface and surface discharges.

(c) Costs for preparation of a site for a runoff treatment area and establishment of permanent vegetative cover.

(3)   Ineligible costs. A cost-share grant under s. ATCP 50.40 may not reimburse any of the following costs related to a feed storage runoff control system:

(a) Costs for any system, component, or practice that is not required to correct an identified water pollution hazard.

(b) Buildings or modifications to buildings.

(c) Portable equipment to pump or spread feed storage runoff onto land or to incorporate those wastes into land.

(d) A non-permanent storage area allowed under NRCS technical guide waste treatment standard 629 (January, 2014).

(e) Areas used to store feeds considered dry, at 40% moisture or less, if the storage areas are protected from precipitation.

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

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

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

(c) 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.

(d) The landowner could have prevented the discharge of pollutants by complying with an operation 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)   Design, construction, and maintenance. A cost-share grant may not reimburse any costs related to a feed storage runoff control system unless all of the following conditions are met:

(a) 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 treatment standard 629 (January, 2014).

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

4. NRCS technical guide vegetated treatment area standard 635 (October, 2014).

5. NRCS technical guide wetland restoration standard 657 (September, 2000).

6. NRCS technical guide nutrient management standard 590 (September, 2005).

7. NRCS technical guide diversion standard 362 (December, 2010).

8. Other standards specified by the department.

(b) The landowner agrees to a 10 year maintenance period for a feed storage runoff control system, and a nutrient management plan, if runoff is collected from a feed storage area over 1 acre in size and the runoff is not transferred to a manure storage system. The maintenance period does not apply if the animal feeding operation is discontinued.

CR 13-016 : cr. Register February 2014 No. 698 , eff. 5-1-14; CR 14-047 : am. (3) (d), (5) (a) 1. to 3. Register May 2015 No. 713 , eff. 6-1-15; CR 16-012 : am. (5) (a) 4. Register August 2016 No. 728 , eff. 9-1-16.

Note

Additional regulatory requirements may apply for runoff control systems including s. NR 213.13 requirements for sweet corn silage stacks of greater than 150 tons, and s. ATCP 51.20 (3) requirements for livestock facilities required to obtain a siting permit. Microsoft Windows NT 6.1.7601 Service Pack 1 To comply with the process wastewater performance standard in s. NR 151.055 for feed storage, landowners may install conservation practices or make management changes, without making significant structural changes, as long as the landowner reduces the level of discharge below the "significant" threshold, as determined in s. NR 151.055 (3) . However, when state cost-share funds are available, landowners should be provided cost-sharing to install the suite of practices that both correct and prevent discharges, ensuring adequate protection of groundwater and surface water. Farms with small storage areas have lower cost options to meet the technical standards. Microsoft Windows NT 6.1.7601 Service Pack 1