Section NR 243.11 - Large concentrated feeding operations(1) APPLICABILITY. The provisions of this subchapter are applicable to existing large CAFOs, proposed expansions of existing animal feeding operations that will become large CAFOs and newly proposed large CAFOs. Note: Owners or operators of animal feeding operations are responsible for obtaining all necessary state and local permits and approvals in addition to those outlined in this subchapter.
(2) CALCULATION OF ANIMAL UNITS. The determination as to whether an existing, proposed or expanded operation meets the criteria of a large CAFO shall be based on the total number of animal units at the animal feeding operation calculated pursuant to s. NR 243.05. Based on the provisions of this subchapter and information provided as part of an operation's application for a WPDES permit, as required in s. NR 243.12, the department shall determine whether a WPDES permit is required for an operation.(3) WPDES PERMIT COVERAGE REQUIRED. (a) Except as provided in par. (b), any person owning or operating a large CAFO that stores manure or process wastewater in a structure that is at or below grade or that land applies manure or process wastewater shall have a WPDES permit. A discharge of pollutants from manure or process wastewater to waters of the state by an unpermitted animal feeding operation with 1,000 animal units or more is prohibited. A pasture or grazing area may operate without WPDES permit coverage.(b) If a person owns or operates an animal feeding operation with 999 animal units or less, and that person expands its operation to 1000 animal units or more due to the purchase of another animal feeding operation, that person has 90 days from the date of the purchase to apply for a WPDES permit.(4) ADDITIONAL INFORMATION. If requested by the department, owners or operators of animal feeding operations indicating that their operation will have 900 animal units or more shall submit additional information to the department regarding how the estimated number of animal units was calculated in accordance with Table 2A and 2B.Wis. Admin. Code Department of Natural Resources NR 243.11
CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.