Wis. Admin. Code ATCP § ATCP 51.16

Current through December 30, 2024

Section ATCP 51.16 - Nutrient management

(1) NUTRIENT MANAGEMENT STANDARD.

(a) Except as provided in par. (c):

1. Land applications of waste from a livestock facility approved under this chapter shall comply with NRCS nutrient management technical standard 590 (September, 2005), except for sections V.A.2.b(2), V.D, V.E and VI.

Note: NRCS nutrient management technical standard 590 (September, 2005) is reprinted in Appendix B. The following sections of the reprinted standard do not apply for purposes of this chapter:

V.A.2.b(2), related to additional requirements imposed by local conservation plans.

V.D, related to additional criteria to minimize N and particulate air emissions.

V.E, related to additional criteria to protect the physical, chemical and biological condition of the soil.

VI, related to discretionary considerations.

2. A nutrient management checklist, shown in Appendix A, worksheet 3, part C, shall accompany an application for local approval. A qualified nutrient management planner, other than the livestock operator, shall answer each checklist question. The planner shall have reasonable documentation to substantiate each answer, but neither the planner nor the operator is required to submit that documentation with the checklist.

Note: A livestock operator is not required to submit a complete nutrient management plan with an application for local approval. Both the operator and the qualified nutrient management planner must sign the nutrient management checklist. See Appendix A, worksheet 3, part C.

(b) A political subdivision may ask a nutrient management planner to submit the documentation that the planner relied upon to substantiate the planner's answer to one or more questions on the nutrient management checklist under par. (a) 2. The political subdivision may deny local approval if the planner's documentation does not reasonably substantiate the answer.

(c) Paragraph (a) does not apply to a livestock facility with fewer than 500 animal units unless the operator's ratio of acres to animal units, calculated according to Appendix A, worksheet 3, part B, is less than 1.5 for dairy and beef cattle, 1.0 for swine, 2.0 for sheep and goats, 2.5 for chickens and ducks, and 5.5 for turkeys.

Note: A waste and nutrient management worksheet (Appendix A, worksheet 3) must accompany every application for local approval. Among other things, the worksheet shows the operator's ratio of acres to animal units under par. (c).

Paragraph (c) is an exemption, not a requirement, for livestock facilities. If a livestock facility qualifies for exemption under par. (c), the operator is not required to submit a nutrient management checklist under par. (a). The ratios stated in par. (c) are based on the phosphorus content of manure from the respective livestock species.

(2) PRESUMPTION. For purposes of local approval, an operator is presumed to comply with sub. (1) if the application for local approval complies with s. ATCP 51.30.

Note: Under s. ATCP 51.30, an application must be complete, credible and internally consistent. The application must include, among other things, a waste and nutrient management worksheet (Appendix A, worksheet 3). The completed worksheet must include all of the following:

* The types and amounts of manure and other organic waste that the facility will generate when fully populated.

* The types and amounts of waste to be stored, the waste storage facilities and methods to be used, the duration of waste storage, and waste storage capacity.

* The final disposition of waste by landspreading or other means.

* The acreage currently available for landspreading.

* A map showing where waste will be applied to land.

* A nutrient management checklist if required under sub.

(1).

Local approval is conditioned upon compliance in fact (see s. ATCP 51.34(4)). The presumption in sub. (2) may be rebutted by clear and convincing evidence in the record (see ss. ATCP 51.34 and 51.36).

(3) NUTRIENT MANAGEMENT UPDATES. An operator may update nutrient management plans and practices as necessary, consistent with sub. (1) (a) 1.

Note: This subsection does not require an operator to file updates with a political subdivision, but neither does it limit local authority to request updates or monitor compliance with sub. (1) (a) 1. See s. ATCP 51.34(4).

(4) 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 submits a copy of the WPDES permit with the operator's application for local approval.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 51.16

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