Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter II - Agricultural Performance Standards and Prohibitions › Section NR 151.095 - Implementation and enforcement procedures for livestock performance standards and prohibitions

Current through June 24, 2024
(1) PURPOSE. The purpose of this section is
				  to identify the procedures the department will follow in implementing and
				  enforcing the livestock performance standards and prohibitions pursuant to ss.
				  281.16(3)
				  and
				  281.98, Stats. If a
				  livestock performance standard is also listed as a cropland performance
				  standard under s.
				  NR
				  151.09, the department may choose the procedures of
				  either s.
				  NR
				  151.09 or this section to obtain compliance with the
				  standard. This section will also identify circumstances under which an owner or
				  operator of a livestock facility is required to comply with livestock
				  performance standards and prohibitions. In this section, "livestock performance
				  standards and prohibitions" means the performance standards and prohibitions in
				  ss.
				  NR
				  151.005,
				  151.05,
				  151.055,
				  151.06, and
				  151.08.
Note: The nutrient management standard in s.
					 NR 151.07
					 should be implemented through the procedures in s.
					 NR
					 151.09.
(2) ROLE OF MUNICIPALITIES. The department
				  may rely on municipalities to implement the procedures and make determinations
				  outlined in this section.
Note: In most cases, the department will rely on
					 municipalities to fully implement the livestock performance standards and
					 prohibitions. The department intends to utilize the procedures in this section
					 in cases where a municipality has requested assistance in implementing and
					 enforcing the performance standards or prohibitions or in cases where a
					 municipality has failed to address an incident of noncompliance with the
					 performance standards or prohibitions in a timely manner. The department
					 recognizes that coordination between local municipalities, the department of
					 agriculture, trade and consumer protection and other state agencies is needed
					 to achieve statewide compliance with the performance standards and
					 prohibitions. Accordingly, the department plans on working with counties, the
					 department of agriculture, trade and consumer protection and other interested
					 partners to develop a detailed intergovernmental strategy for achieving
					 compliance with the performance standards and prohibitions that recognizes the
					 procedures in these rules, state basin plans and the priorities established in
					 land and water conservation plans.
Note: Additional implementation and enforcement procedures
					 for livestock performance standards and prohibitions are in ch. NR 243,
					 including the procedures for the issuance of a NOD.
(3) EXEMPTIONS. The department may follow the
				  procedures in ch. NR 243 and is not obligated to follow the procedures and
				  requirements of this section in the following situations:
(a) If the livestock operation holds a WPDES
				  permit.
(b) If the department has
				  determined that the issuance of a NOD to the owner or operator of the livestock
				  operation is warranted. Circumstances in which a NOD may be warranted include:
1. The department has determined that a
				  livestock facility has a point source discharge under s.
				  NR
				  243.24.
2.
				  The department has determined that a discharge to waters of the state is
				  occurring and the discharge is not related to noncompliance with the
				  performance standards or prohibitions.
3. The department has determined that a
				  municipality is not addressing a facility's noncompliance with the performance
				  standards and prohibitions in a manner consistent with the procedures and
				  timelines established in this section.