Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection Wisconsin Pollutant Discharge Elimination System › Chapter NR 243 - Animal Feeding Operations › Subchapter II - Requirements for Large Concentrated Animal Feeding Operations › Section NR 243.142 - Responsibility for large CAFO manure and process wastewater

Current through June 24, 2024
(1) GENERAL. Except
				  as provided in sub. (2), the owner or operator shall be responsible for the
				  storage, management and land application of all manure and process wastewater
				  generated by the operation in accordance with terms and conditions contained in
				  the WPDES permit and the approved nutrient management plan.
Note: If manure or process wastewater is stored or sent out
					 of the state of Wisconsin, it is not regulated under ch. NR 243 or the WPDES
					 permit once it is out of the state.
(2) EXEMPTIONS. Upon written department
				  approval as required under sub. (3), once the manure or process wastewater is
				  distributed offsite, the permittee is not responsible for the land application,
				  use or disposal of manure or process wastewater if the manure or process
				  wastewater is distributed in compliance with the conditions of the department
				  approval and in accordance with any of the following:
(a)
De minimus quantity of solid
				  manure distributed
. A de minimus amount of solid manure is sold or
				  given away to another person. Under this paragraph, a de minimus amount of
				  solid manure means the total quantity of manure distributed to the other person
				  is no more than 175 cubic feet within a 30-day period and no more than 525
				  cubic feet within a 12-month period.
(b)
Distributed as a commercial
				  product
.
1. The manure is sold or
				  given away to another person and that person manipulates the manure, and
				  distributes it as a commercial fertilizer pursuant to a fertilizer license
				  issued by DATCP or distributes it as a soil or plant additive pursuant to a
				  soil and plant additive license issued by DATCP.
2. The permittee manipulates the manure and
				  distributes it as a commercial fertilizer pursuant to a fertilizer license
				  issued by DATCP or distributes it as a soil or plant additive pursuant to a
				  soil and plant additive license issued by DATCP. The permittee is responsible
				  for the manipulated manure until it is distributed off-site to another person.
Note: If the permittee manipulates the manure and
					 distributes the manure under a DATCP license, the permittee responsible for the
					 manure and the manipulated manure is subject to the WPDES permit requirements
					 until it is distributed off-site (off of any part of the CAFO) to another
					 person. Transfer of responsibility can only occur if the conditions in sub. (3)
					 are met.
(c)
Alternative uses of distributed manure
. For solid manure, the
				  manure is sold or given away to another person for landscaping, greenhouse use,
				  use as an animal bedding product or for other beneficial purposes that do not
				  include application to croplands.
(d)
Manure or process wastewater is
				  distributed to another permittee
. The manure or process wastewater is
				  sold or given away to another operation permitted under a WPDES permit that has
				  a department approved management plan that addresses the manure or process
				  wastewater, and the manure or process wastewater will be land applied under the
				  other permit.
(e)
Composted
				  manure
. The manure is sold or given away to another person who
				  composts the manure and the department has determined that the composting
				  process and land application or use of the distributed manure will be more
				  appropriately regulated under ch. NR 518.