Wis. Admin. Code Department of Natural Resources NR 243.141

Current through November 25, 2024
Section NR 243.141 - Manure stacking
(1) STACKING TO AVOID SURFACE APPLICATIONS IN FEBRUARY AND MARCH. For solid manure with a solids content of 16% or greater, the department may approve stacking of the manure outside of a department approved manure storage facility where a permittee chooses to stack solid manure in accordance with s. NR 243.14(6) (d). Permittees choosing to stack solid manure under s. NR 243.14(6) (d) shall land apply all stacked manure from a site within 8 months of the date when stacking first began at the site.
(2) OTHER STACKING ALLOWANCES. For periods when the ground is not frozen or snow-covered, the department may approve stacking of solid manure with a solids content of greater than 32% outside of a department approved manure storage facility on a case-by-case basis as allowed under a WPDES permit. Factors the department shall consider when approving stacking of solid manure on a case-by-case basis include the potential for leachate or runoff from the stack causing exceedances of surface water or groundwater quality standards or impairments to wetland functional values, information submitted or proposed to be submitted by the permittee outlining leaching and runoff characteristics of the manure, and practices to be implemented by the permittee to minimize the potential for leachate or runoff from the stack such as limiting the frequency, volume of manure to be stacked and length of stacking period.
(3) STACKING CONDITIONS. All proposed stacking sites shall be reviewed and approved by the department and identified in the permittee's nutrient management plan. Stacking approvals may be rescinded based on documented impacts to waters of the state at or from the stacking site. Stacking may only be approved provided the following requirements are met:
(a) When piled in a stack, the solid manure stack must be able to maintain its shape with minimal sloughing such that an angle of repose of 45 degrees or greater is maintained when the manure is not frozen.
(b) Stacking of solid manure outside of a department approved manure storage facility shall, at a minimum, meet the specifications in NRCS Standard 313, Table 9, dated December 2005. Alternatively, stacks may be placed on sites with soils in the hydrologic soil group D provided the manure has a solids content of greater than 32% and all other criteria in NRCS Standard 313, Table 9, dated December 2005, are met. NRCS Standard 313, dated December 2005, is incorporated by reference in s. NR 243.07.

Note: Copies of NRCS Standard 313, dated December 2005 and documents referenced in this standard may be inspected at the offices of the department, DATCP, NRCS, county land conservation departments and the legislative reference bureau, Madison, Wisconsin.

(c) The permittee shall implement any necessary additional best management practices to ensure stacking areas maintain compliance with the production area requirements in s. NR 243.13. Best management practices may include upslope clean water diversions or downslope containment structures.

Note: Manure with a solids content of approximately 20% or less may not meet the stacking criteria either because it cannot be stacked or is prone to runoff. This manure may require storage in a constructed facility during the months of February and March.

Note: Manure stacks are considered to be part of the animal production area and are subject to production area discharge restrictions in s. NR 243.13. For CAFOs, if a manure stack is not placed in a containment or storage structure or the runoff from the stack is not contained in a structure, discharges to navigable waters are not allowed under any circumstance or storm event.

(d) The stacked manure shall have minimal leaching so that leachate from the stack is contained within the designated stacking area and does not cause an exceedance of groundwater quality standards.
(e) Solid manure may not be stacked in a water quality management area.
(f) Stacks may only be placed on cropland.
(4) The department may require additional restrictions on stacking of solid manure needed to protect water quality, that include acceptable time periods for stacking, how long the manure stacks may remain in place, size of manure stacks, stack siting restrictions based on slope and soil conditions, loading and resting requirements of stacking sites, conservation practices and site monitoring requirements.

Wis. Admin. Code Department of Natural Resources NR 243.141

CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.