Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection Wisconsin Pollutant Discharge Elimination System › Chapter NR 243 - Animal Feeding Operations › Subchapter III - Other Animal Feeding Operations › Section NR 243.26 - WPDES permits for medium and small CAFOs

Current through June 24, 2024
(1) OPERATIONS
				  DEFINED AS A MEDIUM CAFO. Any owner or operator of an animal feeding operation
				  with 300 to 999 animal units shall submit a complete application for a WPDES
				  permit to the department before a category I discharge to navigable waters
				  occurs. An owner or operator of an animal feeding operation that has 300 to 999
				  animal units may not have a Category I discharge to navigable waters under s.
				  NR
				  243.24(1) (a) unless the discharge is
				  covered by and in compliance with a WPDES permit. In the event an owner or
				  operator of an animal feeding operation has a Category I discharge to navigable
				  waters and that operation is not covered by a WPDES permit at the time of the
				  discharge, the owner or operator shall immediately contact the department and
				  shall immediately apply for a WPDES permit.
(2) OPERATIONS DESIGNATED AS MEDIUM OR SMALL
				  CAFOS.
(a) Subject to par. (c), for animal
				  feeding operations not already defined as a CAFO under sub. (1), the department
				  may designate an animal feeding operation with 999 animal units or less as a
				  CAFO if all of the following occur:
1. The
				  department conducts an onsite investigation of the operation.
2. The department determines one of the
				  following:
a. The operation is a significant
				  contributor of pollutants to navigable waters and the department considers the
				  factors in par. (b) when making this determination; or
b. The operation has caused the fecal
				  contamination of water in a well constructed in accordance with ch. NR 811 or
				  812.
3. For discharges
				  of pollutants from land applied manure or process wastewater to navigable
				  waters by an animal feeding operation with 300 to 999 animal units, the
				  department determines the discharge was not an agricultural storm water
				  discharge.
4. The department
				  provides written notification to the owner or operator of the designation.
Note: Consistent with past regulatory practices, the
					 department intends to continue to work cooperatively with animal feeding
					 operations to address discharges to waters of the state to the maximum extent
					 practicable in order to make designation of an operation as a CAFO unnecessary.
					 This approach includes using voluntary programs or the issuance of an NOD,
					 which typically provides an opportunity to obtain cost-share and technical
					 assistance, to aid an operation to implement corrective measures.
Note: Written notification by the department may be
					 included as part of a Category I, II or III NOD or a separate written notice
					 may be sent to the owner or operator.
Note: For animal feeding operations with less than 300
					 animal units, a significant discharge of pollutants to navigable waters from
					 land application activities is not a basis for designating an operation as a
					 CAFO and requiring a WPDES permit-see par. (c). For animal feeding operations
					 with 300-999 animal units, a significant discharge of pollutants to navigable
					 waters from either the production area or land application areas is a basis for
					 CAFO designation and WPDES permit coverage.