Section ATCP 50.705 - Feed storage runoff control systems(1) DEFINITIONS. In this section:(a) "Feed storage area" means an area used to store livestock feed including corn silage, haylage, and industrial by-products including distillers grain, brewers grain, candy, pizza crust, bakery waste, cotton seed, soybean meal, animal fats, blood meal, fish meal, cannery waste, beet pulp, citrus pulp, soy hulls, corn middlings, whey, potatoes, and grocery store vegetables. The feed storage area includes the area up to the outside edge of the surface on which the feed is stored and any apron area.(b) "Feed storage runoff control system" means a system of facilities or practices to contain, divert, retard, treat, or otherwise control the discharge of leachate and contaminated runoff from livestock feed storage areas.(2) ELIGIBLE COSTS. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs related to a feed storage runoff control system:(a) Costs for diversion of clean water from the storage area.(b) Costs for conduits, permanent pumps, and related equipment required to collect, transfer, and store discharges of leachate and contaminated runoff including subsurface and surface discharges.(c) Costs for preparation of a site for a runoff treatment area and establishment of permanent vegetative cover.(3) INELIGIBLE COSTS. A cost-share grant under s. ATCP 50.40 may not reimburse any of the following costs related to a feed storage runoff control system: (a) Costs for any system, component, or practice that is not required to correct an identified water pollution hazard.(b) Buildings or modifications to buildings.(c) Portable equipment to pump or spread feed storage runoff onto land or to incorporate those wastes into land.(d) A non-permanent storage area allowed under NRCS conservation practice standard 561 heavy use area protection (November, 2022).(e) Areas used to store feeds considered dry, at 40% moisture or less, if the storage areas are protected from precipitation.(4) FEED STORAGE RUNOFF CONTROL SYSTEMS; GRANT DISQUALIFICATION. A county land conservation committee may not award a cost-share grant for a feed storage runoff control system if any of the following apply: (a) The landowner intentionally aggravated a pollution discharge from the animal feeding operation.(b) The landowner could have prevented the discharge of pollutants through improved management practices at nominal cost.(c) The landowner holds, or is required to apply for, a Wisconsin pollution discharge elimination system permit for the animal feeding operation under s. 283.31, Stats.(d) The landowner could have prevented the discharge of pollutants by complying with an operation and maintenance plan previously agreed upon by the landowner and one of the following: 2. The county land conservation committee.(5) DESIGN, CONSTRUCTION, AND MAINTENANCE. A cost-share grant may not reimburse any costs related to a feed storage runoff control system unless all of the following conditions are met: (a) The system complies with all of the following that apply:1. NRCS conservation practice standard 313 waste storage facility (October, 2017).2. NRCS conservation practice standard 561 heavy use area protection (November, 2022).3. NRCS conservation practice standard 634 waste transfer (November, 2022).4. NRCS conservation practice standard 635 vegetated treatment area (September, 2016).5. NRCS conservation practice standard 656 constructed wetland (December, 2016).6. NRCS conservation practice standard 590 nutrient management (December, 2015).7. NRCS conservation practice standard 362 diversion (August, 2016).8. Other standards specified by the department. Note: Additional regulatory requirements in s. NR 213 may apply for runoff control systems that store only feed storage area runoff. Section NR 213.13 may have additional requirements for sweet corn silage stacks of greater than 150 tons. Section ATCP 51.20 (3) may have additional requirements for livestock facilities required to obtain a siting permit.
(b) The landowner agrees to a 10 year maintenance period for a feed storage runoff control system, and a nutrient management plan, if runoff is collected from a feed storage area over 1 acre in size and the runoff is not transferred to a manure storage system. The maintenance period does not apply if the animal feeding operation is discontinued.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 50.705
CR 13-016: cr. Register February 2014 No. 698, eff. 5-1-14.Amended by, CR 14-047: am. (3) (d), (5) (a) 1. to 3. Register, Register May 2015 No. 713, eff.6/1/2015Amended by, CR 16-012: am. (5) (a) 4. Register August 2016 No. 728, eff. 9/1/2016Amended by, CR 16-083: am. (5) (a) 5. to. 7. Register January 2018 No. 745, eff. 2/1/2018Amended by, CR 23-024: am. (3) (d), (5) (a) 1. to 7. Register May 2024 No. 821, eff. 6-1-24; correction in (5) (a) 5. made under s. 35.17, Stats., Register May 28 No. 821, eff. 6/1/2024To comply with the process wastewater performance standard in s. NR 151.055 for feed storage, landowners may install conservation practices or make management changes, without making significant structural changes, as long as the landowner reduces the level of discharge below the "significant" threshold, as determined in s. NR 151.055(3). However, when state cost-share funds are available, landowners should be provided cost-sharing to install the suite of practices that both correct and prevent discharges, ensuring adequate protection of groundwater and surface water. Farms with small storage areas have lower cost options to meet the technical standards.