Section 151.07. Nutrient management.

 

(1)  All crop producers and livestock producers that apply manure or other nutrients directly or through contract to agricultural fields shall comply with this section.

(2)  This performance standard does not apply to the application of industrial waste and byproducts regulated under ch. NR 214 , municipal sludge regulated under ch. NR 204 , and septage regulated under ch. NR 113 , provided the material is not commingled with manure prior to application.

(3)  Manure, commercial fertilizer and other nutrients shall be applied in conformance with a nutrient management plan.

(a) The nutrient management plan shall be designed to limit or reduce the discharge of nutrients to waters of the state for the purpose of complying with state water quality standards and groundwater standards.

(b) Nutrient management plans for croplands in watersheds that contain impaired surface waters or in watersheds that contain outstanding or exceptional resource waters shall meet the following criteria:

1. Unless otherwise provided in this paragraph, the plan shall be designed to manage soil nutrient concentrations so as to maintain or reduce delivery of nutrients contributing to the impairment of impaired surface waters and to outstanding or exceptional resource waters.

2. The plan may allow for an increase in soil nutrient concentrations at a site if necessary to meet crop demands.

3. For lands in watersheds containing exceptional or outstanding resource waters, the plan may allow an increase in soil nutrient concentrations if the plan documents that any potential nutrient delivery to the exceptional or outstanding resource waters will not alter the background water quality of the exceptional or outstanding resource waters. For lands in watersheds containing impaired waters, the plan may allow an increase in soil nutrient concentrations if a low risk of delivery of nutrients from the land to the impaired water can be demonstrated.

(c) In this standard, impaired surface waters are waters identified as impaired pursuant to 33 USC 1313 (d) (1) (A) and 40 CFR 130.7 . Outstanding or exceptional resource waters are identified in ch. NR 102 .

(4)  This section is in effect on January 1, 2005 for existing croplands under s. NR 151.09 (4) that are located within any of the following:

(a) Watersheds containing outstanding or exceptional resource waters.

(b) Watersheds containing impaired waters.

(c) Source water protection areas defined in s. NR 243.03 (61) .

(5)  This section is in effect on January 1, 2008 for all other existing croplands under s. NR 151.09 (4) .

(6)  This section is in effect for all new croplands under s. NR 151.09 (4) on October 1, 2003.

CR 00-027 : cr. Register September 2002 No. 561 , eff. 10-1-02; CR 09-112 : am. (2) Register December 2010 No. 660 , eff. 1-1-11; correction to (4) (c) made under s. 13.92 (4) (b) 7. , Stats., Register December 2010 No. 660 .

Note

Manure management requirements for concentrated animal feeding operations covered under a WPDES permit are contained in ch. NR 243 . Microsoft Windows NT 6.1.7601 Service Pack 1 In accordance with ss. ATCP 50.04 , 50.48 and 50.50 , nutrient management planners, Wisconsin certified soil testing laboratories and dealers of commercial fertilizer are advised to make nutrient management recommendations based on the performance standard for nutrient management, s. NR 151.07 , to ensure that their customers comply with this performance standard. Microsoft Windows NT 6.1.7601 Service Pack 1 If an application of material to cropland is regulated under ch. NR 113 , 204 , or 214 , the management practices, loading limitations, and other restrictions specified in the applicable regulation apply to that application. However, nutrient management plans developed in accordance with this performance standard must account for all nutrient sources, including industrial waste and byproducts, municipal sludge, and septage. This means that the future application of manure and commercial fertilizer may be restricted by this performance standard due to other applications of industrial waste and byproducts, municipal sludge, and septage. In addition, it means that if industrial waste and byproducts, municipal sludge, or septage are placed in a manure storage structure and mixed with manure, the commingled material is also covered by this standard and must be accounted for by the producer when preparing and implementing a nutrient management plan. Microsoft Windows NT 6.1.7601 Service Pack 1 The purpose of the phased implementation of this standard is to allow the department sufficient time to work with the Department of Agriculture, Trade and Consumer Protection and local governmental units to develop and implement an information, education and training program on nutrient management for affected stakeholders. Microsoft Windows NT 6.1.7601 Service Pack 1