Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 20-54 - Agricultural Resource Management
Chapter ATCP 51 - Livestock Facility Siting
Subchapter II - Livestock Facility Siting Standards
Section ATCP 51.20 - Runoff management

Universal Citation: WI Admin Code ยง ATCP 51.20

Current through August 26, 2024

(1) NEW OR SUBSTANTIALLY ALTERED ANIMAL LOTS. New or substantially altered animal lots shall comply with NRCS technical guide wastewater treatment strip standard 635 (January, 2002).

(2) EXISTING ANIMAL LOTS.

(a) The predicted average annual phosphorus runoff from each existing animal lot to the end of the runoff treatment area, as determined by the BARNY model, shall be less than the following applicable amount:
1. Fifteen pounds if no part of the animal lot is located within 1,000 feet of a navigable lake or 300 feet of a navigable stream.

2. Five pounds if any part of the animal lot is located within 1,000 feet of a navigable lake or 300 feet of a navigable stream.

Note: The BARNY model is a computer model that predicts nutrient runoff from animal lots. Copies of the BARNY model are on file with the department and the legislative reference bureau. An Excel spreadsheet version may be obtained from the NRCS Wisconsin website (engineering directory).

(b) Runoff from an animal lot may not discharge to any direct conduit to groundwater.

Note: See ss. NR 151.08(4) and ATCP 50.04(1). A direct conduit to groundwater may include, for example, a sinkhole.

(3) FEED STORAGE.

(a) Feed storage shall be managed to prevent any significant discharge of leachate or polluted runoff from stored feed to waters of the state.

(b) If an existing paved area may be used, without substantial alteration, to store or handle feed with a 70% or higher moisture content:
1. Surface water runoff shall be diverted from entering the paved area.

2. Surface discharge of leachate from stored feed shall be collected before it leaves the paved area, if the paved area covers more than one acre. Collected leachate shall be stored and disposed of in a manner that prevents discharge to waters of the state.

Note: Feed leachate is a potentially serious water pollutant. Paved areas include paved feed storage bunkers and handling areas. Collected leachate may, for example, be transferred to waste storage and applied to land at agronomic rates.

(c) A new or substantially altered feed storage structure, including any building, bunker, silo or paved area used for feed storage or handling, shall be designed, constructed and maintained to the following standards if it may used to store or handle feed with a 70% or higher moisture content:
1. Surface water runoff shall be diverted from entering the feed storage structure.

2. Surface discharge of leachate shall be collected before it leaves the feed storage structure.

3. The top of the feed storage structure floor shall be at least 3 vertical feet from groundwater and bedrock.

4. If the feed storage structure covers more than 10,000 square feet, it shall have an effective subsurface system to collect leachate that may leak through the structure floor. The system shall consist of drainfill material, a tile drainage network, and an effective sub-liner as specified in Appendix A, worksheet 5, section II.C.

5. Collected leachate shall be stored and disposed of in a manner that prevents discharge to surface water or groundwater.

Note: Collected leachate may, for example, be transferred to waste storage and applied to land at agronomic rates.

(4) CLEAN WATER DIVERSION. Runoff from a livestock facility shall be diverted from contact with animal lots, waste storage facilities, paved feed storage areas and manure piles within 1,000 feet of a navigable lake or 300 feet of a navigable stream.

Note: See ss. NR 151.06 and ATCP 50.04(1). Runoff may be diverted by means of earthen diversions, curbs, gutters, waterways, drains or other practices, as appropriate.

(5) OVERFLOW OF WASTE STORAGE FACILITIES. A livestock facility shall be designed, constructed and maintained to prevent overflow of waste storage facilities.

Note: Under s. ATCP 51.18(5), waste storage capacity must be adequate to meet reasonably foreseeable storage needs, based on the operator's waste and nutrient management strategy under s. ATCP 51.16. See also ss. NR 151.08(2) and ATCP 50.04(1).

(6) UNCONFINED MANURE PILES. A livestock facility may not have any unconfined manure piles within 1,000 feet of a navigable lake or 300 feet of a navigable stream.

Note: See ss. NR 151.08(3) and ATCP 50.04(1).

(7) LIVESTOCK ACCESS TO SURFACE WATERS OF THE STATE. A livestock facility shall be designed, constructed and maintained to prevent unrestricted livestock access to surface waters of the state, if that access will prevent adequate vegetative cover on banks adjoining the water. This subsection does not prohibit a properly designed, installed and maintained livestock crossing or machinery crossing.

Note: See ss. NR 151.08(5) and ATCP 50.04(1).

(8) PRESUMPTION. For purposes of local approval, a livestock facility is presumed to comply with this section 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. An applicant must submit a runoff management worksheet signed by the applicant and a registered professional engineer or certified agricultural engineering practitioner (see Appendix A, worksheet 5). The worksheet shows presumptive compliance with this section. Local approval is conditioned upon compliance in fact (see sub. (9) and s. ATCP 51.34(4)). The presumption of compliance may be rebutted by clear and convincing evidence in the record (see ss. ATCP 51.34 and 51.36).

(9) DEVIATION FROM DESIGN SPECIFICATIONS. Local approval of a livestock facility does not authorize an operator to populate that approved livestock facility if the construction or alteration of an animal lot or feed storage structure deviates materially, and without express authorization from the political subdivision, from design specifications included in the application for local approval.

Note: A political subdivision may inspect animal lots or feed storage structures 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. (9) 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.

(10) 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.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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