Section ATCP 50.785 - Nutrient treatment system(1) DEFINITION. In this section "nutrient treatment system" means a system installed to intercept subsurface (tile) flow, groundwater, or surface runoff flow to reduce the concentration of phosphorus or nitrate nitrogen and minimize the movement of these nutrients to surface water, or groundwater, or both.(2) ELIGIBLE COSTS. A cost-share grant under s. ATCP 50.40 may reimburse any of the following costs related to a nutrient treatment system:(a) Costs to design or install the system.(b) Costs to purchase and install necessary underground pipe, subsurface drain tile, outlets and other necessary structures for water control or mechanical outlets.(c) Costs to remove obstructions, if necessary for the installation of an effective nutrient management system.(d) Costs to establish permanent vegetative cover, or to provide temporary cover until permanent cover is established. This may include costs for mulch, fertilizer, and other necessary materials.(e) Cost to install permanent fencing to protect the nutrient treatment system.(f) Other nutrient treatment systems, approved by the department, that are needed to meet identified water quality objectives.(3) INELIGIBLE COSTS. A cost-share grant under s. ATCP 50.40 may not reimburse any of the following costs related to a nutrient treatment system: (a) Costs to design a nutrient treatment system that is not installed.(b) Costs of a proposed practice, to the extent that those costs exceed the cost of an equally effective alternative.(c) Costs for any system, component, or practice that is not required to correct an identified water pollution hazard.(d) Costs to install a nutrient treatment system in urban settings or that does not address agricultural runoff or drainage.(4) DESIGN, CONSTRUCTION, AND MAINTENANCE STANDARDS. A cost-share grant under s. ATCP 50.40 may not reimburse costs related to a nutrient treatment system unless all of the following conditions are met: (a) The nutrient treatment system complies with all of the following that apply: 1. NRCS conservation practice standard 605 denitrifying bioreactor (June, 2021).2. NRCS conservation practice standard 782 phosphorus removal system (May, 2019).3. NRCS conservation practice standard 606 subsurface drain (June, 2021)4. NRCS conservation practice standard 342 critical area planting standard (January, 2018).5. NRCS conservation practice standard 484 mulching (June, 2016).6. NRCS conservation practice standard 554 drainage water management (August, 2021).7. NRCS conservation practice standard 587 structure for water control (January, 2018).8. NRCS conservation practice standard 604 saturated buffer (June, 2021).(b) The landowner agrees to maintain the nutrient treatment system for 10 years unless farming operations on the affected land are discontinued.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 50.785
Adopted by, CR 23-024: cr. Register May 28 No. 821, eff. 6/1/2024