The following constitute exceptions to the requirement under
this chapter to obtain a permit:
A.
Preexisting waste storage facility, except where substantially altered,
or closed.
B.
Operation and maintenance on a waste storage facility.
C.
Emergency equipment repairs on a waste storage facility.
D.
Emergency repairs such as repairing a broken pipe, or equipment,
leaking dikes, or the removal of stoppages may be performed without
an animal waste storage facility permit. If repairs will substantially
alter the original design and construction of the facility as determined
by the LCD, a permit will be required.
E.
An exception to closure provision is granted.
F.
Other required corrective action is from feedlots, animal feeding
operations, or processed waste facilities.
Any person who, by this chapter, is required to obtain a permit
shall pay a fee for such permit to help defray the cost of administration,
inspection, and processing of permits. The amount of the fee shall
be established from time to time by the LCC.
Each application for a permit under this chapter shall include
an animal waste storage facility plan. The plan shall be in accordance
with the current Technical Standard 313 (Waste Storage Facility) and
634 (Waste Transfer). The plan shall specify:
A.
A management assessment is required. As part of this assessment,
an initial determination will be conducted to demonstrate that suitable
land base is available for utilization of waste.
B.
The number and kinds of animals for which waste storage is provided,
the duration for which storage is to be provided, or daily gallons
and/or cubic feet of waste and manure produced.
C.
A plan view of the facility and its location in relation to waste
transfer inlet, all buildings, roads, wells, lot lines, and other
features within 300 feet of the proposed facility. The plan view shall
be drawn to scale, with a scale no smaller than one inch equals 100
feet.
D.
The structural details, including but not limited to dimensions,
cross-sections, and concrete thickness, concrete joint design and
placement, design loads, design computations, reinforcement schedules,
thickness and placement of groundwater protection liners, and all
material specifications.
E.
The soil test pit locations and soil descriptions to a depth of at
least five feet below the planned bottom of the facility.
F.
The elevation of seasonally high groundwater or bedrock if encountered
in the soil profile and date of any such determination.
G.
Provisions for adequate drainage and control of runoff to prevent
pollution of surface water and groundwater. If waters of the state
lie within 500 feet of the facility, the location and distance to
the body of water shall be shown. Any floodplains and/or wetlands
shall be located also.
H.
The scale of the drawing and a north arrow.
I.
A time schedule for construction of the facility.
J.
A description and construction plan of the method to be used in transferring
animal waste into and from the facility.
K.
A 590 Nutrient Management Plan.
(1)
The plan shall specify the utilization of the animal waste, including
the amount of land available for application of waste, identification
of the areas where the waste will be used, crops, crop rotation, pastures,
application rates, soil types and any limitation on waste application
due to soil limitations, type and proximity of bedrock or water table,
slope of land, and proximity of surface water.
(2)
A nutrient management plan agreement shall be completed by the landowner.
The agreement states that the plan shall be submitted to the LCD no
later than March 15 of the year following installation of the animal
waste storage facility and that the plan shall be updated annually
for the life of the waste storage or as long as the cropland and/or
pasture are receiving sources of nutrients.
L.
Other additional information required by Field Office Technical Standard
313 (Waste Storage Facility) or LCD staff to comply with this chapter.
Each application for a closure permit under this section shall
include a closure plan. The plan shall be in accordance with the current
Technical Standard 360 (Waste Facility Closure), and specify:
A.
A description of the type and size of the manure storage facility
and an estimate of the amount of manure in the facility.
B.
A description of how and where the manure and soil saturated with
manure will be land applied in accordance with the current Field Office
Technical Standard 590 (Nutrient Management).
C.
A description of how the liner, if any, will be disposed of.
D.
A description of how the waste transfer system will be removed or
permanently plugged.
E.
A description of how the excavated area will be filled in and where
the clean fill will come from.
F.
A plan view showing the final grade, the area to be reseeded, and
how rain and runoff will be diverted away from the site.
G.
Other additional information required by the Field Office Technical
Standard 360 (Waste Facility Closure) or LCD staff to comply with
this chapter.
The LCD shall receive and review all permit applications and
shall determine if the proposed facility meets required standards
set forth in this chapter or applicable regulations. Within 30 working
days after receiving the completed application and fee, the LCD shall
inform the applicant in writing whether the permit application is
approved or disapproved. If additional information is required, the
LCD shall notify the permit applicant. The LCD has 30 working days
from the receipt of the additional information in which to approve
or disapprove the application. If the LCD fails to approve or disapprove
the permit application in writing within 30 working days of the receipt
of the permit application or additional information, as appropriate,
the application shall be deemed approved, and the permit issued for
the project as described in the permit application.
All permits issued under this chapter shall be issued subject
to the following conditions and requirements, or as specified by the
LCD:
A.
Activities authorized by permit shall be completed within two years
from the date of issuance after which such permit shall be void.
B.
Animal waste storage facility and its waste transfer system design, construction, management and utilization activities shall be carried out in accordance with the animal waste facility plan and applicable standards specified in this chapter. The plan shall be certified as meeting the requirements of this chapter by a professional engineer licensed in the State of Wisconsin, or DATCP or NRCS or LCD agricultural engineering practitioner (defined per § 275-9).
C.
Animal waste storage facility removal or closure shall be carried out in accordance with the animal waste storage facility closure plan and applicable standards specified in § 275-26 of this chapter. The plan shall be certified as meeting the requirements of this chapter by a professional engineer licensed in the State of Wisconsin, or DATCP or NRCS or LCD agricultural engineering practitioner (defined per § 275-9).
D.
The permittee shall give five working days' written notice to
the LCD before starting any construction activity authorized by the
permit.
E.
Approval in writing must be obtained from the LCD prior to any changes
or modifications to the approved animal waste facility plan.
F.
Prior to use, a professional engineer licensed in the State of Wisconsin, or DATCP or NRCS or LCD agricultural engineering practitioner (defined per § 275-9) and the permittee and, if applicable, the contractor, shall certify in writing on forms provided by the LCD that the storage facility was installed as planned, including as-built dimensions and changes or modifications as authorized during construction per § 275-8E of this chapter.
G.
The LCD and/or NRCS shall provide on-site inspection. Final approval
signature for all projects under this chapter shall be provided by
the LCD.
The County Conservationist or that person's representative
may revoke any permit issued under this chapter if the holder of the
permit has misrepresented any material fact in the permit application,
animal waste facility plan or nutrient management plan, or if the
holder of the permit violates any of the conditions of the permit.
