Section 51.18. Waste storage facilities.

 

(1)   Design, construction and maintenance; general. All waste storage facilities for a livestock facility shall be designed, constructed and maintained to minimize the risk of structural failure, and to minimize the potential for waste discharge to surface water or groundwater. A waste storage facility may not lack structural integrity or have significant leakage. An unlined earthen waste storage facility may not be located on a site that is susceptible to groundwater contamination.

(2)   Existing facilities. For purposes of local approval, an existing waste storage facility is presumed to comply with sub. (1) if a registered professional engineer or certified agricultural engineering practitioner certifies one of the following in the application for local approval:

(a) The facility is constructed of concrete or steel or both, was constructed within the last 10 years according to then-existing NRCS standards, and shows no apparent signs of structural failure or significant leakage.

(b) The facility was constructed within the last 3 years according to then-existing NRCS standards, and shows no apparent signs of structural failure or significant leakage.

(c) The facility was constructed according to NRCS standards that existed at the time of construction, is in good condition and repair, and shows no apparent signs of structural failure or significant leakage.

(d) The facility is in good condition and repair, shows no apparent signs of structural failure or significant leakage, and is located on a site at which the soils and separation distances to groundwater comply with NRCS technical guide manure storage facility standard 313, table 1 (November, 2004).

(e) The facility is in good condition and repair, shows no apparent signs of structural failure or significant leakage, is located entirely above ground, and is located on a site at which the soils comply with NRCS technical guide manure storage facility standard 313, table 5 (November, 2004).

(3)   New or substantially altered facilities. For purposes of local approval, a new or substantially altered waste storage facility is presumed to comply with sub. (1) if all of the following apply:

(a) The application for local approval includes design specifications for the facility.

(b) A registered professional engineer or certified agricultural engineering practitioner certifies that the design specifications comply with all of the following:

1. NRCS technical guide manure storage facility standard 313 (November, 2004).

2. NRCS technical guide manure transfer standard 634 (November, 2004).

(4)   Closed facilities. If a waste storage facility is closed as part of the construction or expansion of a livestock facility, the closure shall comply with NRCS technical guide closure of waste impoundments standard 360 (December, 2002) . A closure is presumed to comply with this subsection, for purposes of local approval, if the application for local approval includes the closure plan and certification required under s. ATCP 51.30 .

(5)   Storage capacity.

(a) The waste storage capacity of a livestock facility, not counting any excess storage capacity required for open waste storage facilities under par. (b) , shall be adequate for reasonably foreseeable storage needs based on the operator's waste and nutrient management strategy under s. ATCP 51.16 .

(b) An operator shall at all times maintain, in every open waste storage facility, unused storage capacity equal to the greater of the following volumes:

1. One foot multiplied by the top area of the storage facility.

2. The volume of rain that would accumulate in the manure storage facility from a 25-year 24-hour storm.

(c) The waste storage capacity of a livestock facility is presumed to comply with this subsection, for purposes of a local approval, if the application for local approval complies with s. ATCP 51.30 .

(6)   Deviation from design specifications. Local approval of a livestock facility does not authorize an operator to populate that approved livestock facility if the construction, alteration or closure of a waste storage facility deviates materially, and without express authorization from the political subdivision, from the design specifications or closure plan included in the application for local approval.

(7)   Exemption. This section does not apply if all of the following apply:

(a) The operator holds a WPDES permit for the same proposed livestock facility, and that permit is based on housing for a number of animal units that is equal to or greater than the number for which the operator seeks local approval.

(b) The operator includes a copy of the WPDES permit with the operator's application for local approval.

History: CR 05-014 : cr. Register April 2006 No. 604 , eff. 5-1-06.

Note

A "site that is susceptible to groundwater contamination" is defined in s. ATCP 51.01 (39) . Microsoft Windows NT 6.1.7601 Service Pack 1 According to s. ATCP 51.30 , an application for local approval must include a certification under sub. (2) for each existing waste storage facility. See Appendix A, worksheet 4 (waste storage facilities). Microsoft Windows NT 6.1.7601 Service Pack 1 According to s. ATCP 51.30 , an application for local approval must include the design specifications and certification to which sub. (3) refers. See Appendix A, worksheet 4 (waste storage facilities) . Microsoft Windows NT 6.1.7601 Service Pack 1 According to s. ATCP 51.30 , an application for local approval must identify any waste storage facilities to be closed. The application must include a closure plan for each identified facility. A registered professional engineer or certified agricultural engineering practitioner must certify that the closure plan complies with NRCS technical guide closure of waste impoundments standard 360 (December 2002) . See Appendix A, worksheet 4 (waste storage facilities) . Microsoft Windows NT 6.1.7601 Service Pack 1Under s. NR 151.05 (3) and (4) , an operator must normally close a manure storage facility if the facility has not been used for 24 months, or poses an imminent threat to public health, aquatic life or groundwater. Microsoft Windows NT 6.1.7601 Service Pack 1 If a waste storage facility is abandoned or not properly closed, a political subdivision may seek redress under s. 66.0627 or 254.59 , Stats., as appropriate. Microsoft Windows NT 6.1.7601 Service Pack 1 Section ATCP 51.20 (5) prohibits overflow of waste storage facilities. See also ss. NR 151.08 (2) and ATCP 50.04 (1) . Microsoft Windows NT 6.1.7601 Service Pack 1 The required excess storage capacity in par. (b), often called "freeboard storage," provides a safety factor to prevent manure storage overflow in the event of a major rain event. Microsoft Windows NT 6.1.7601 Service Pack 1 Under s. ATCP 51.30 , an application must be complete, credible and internally consistent. An application must include a waste and nutrient management worksheet (worksheet 3 , signed by the operator and a qualified nutrient management planner) and a waste storage facility worksheet (worksheet 4 , signed by a registered professional engineer or certified agricultural engineering practitioner). Worksheet 3 must identify waste storage needs, based on the operator's landspreading and waste disposal strategy. Worksheet 3 must also show waste storage capacity , consistent with worksheet 4 . Capacity must be adequate for reasonably foreseeable needs. Microsoft Windows NT 6.1.7601 Service Pack 1 A political subdivision may inspect waste storage facilities to verify that they are constructed according to specifications included in the application for local approval. This section does not require or prohibit local inspection. A deviation under sub. (6) does not invalidate a local approval, but does prevent the livestock operator from populating the approved livestock facility until the deviation is rectified or approved. Microsoft Windows NT 6.1.7601 Service Pack 1 This chapter does not limit the application of local waste storage ordinances, except in connection with the approval of a new or expanded livestock facility. For example, if a livestock operator constructs a new waste storage structure without adding "animal units" for which local approval is required, the construction must comply with the local waste storage ordinance if any. Microsoft Windows NT 6.1.7601 Service Pack 1 But if a livestock operator proposes to add "animal units" and construct a new waste storage structure, to create an "expanded livestock facility" for which local approval is required, the waste storage standards in this chapter are controlling. A political subdivision may not disapprove the expansion, except for reasons provided under this chapter. Microsoft Windows NT 6.1.7601 Service Pack 1