Section NR 243.25 - NOD enforcement(1) CATEGORIES I AND III. (a) Owners or operators or animal feeding operations that receive an NOD for a category I or III unacceptable practice shall implement corrective measures within the compliance period specified, regardless of the availability of cost sharing. The owner or operator may seek cost sharing to implement corrective measures within the specified compliance period, but if cost sharing is not available, the owner or operator shall install corrective measures to abate or eliminate the discharge without cost sharing or otherwise apply for a WPDES permit.(b) If the owner or operator does not implement the corrective measures within the specified time frame to address category I or III unacceptable practices, the department may issue a specific WPDES permit or grant general permit coverage or the department may pursue enforcement action under ch. 283, Stats.(2) CATEGORY II. For operations issued an NOD for a category II unacceptable practice, if the owner or operator of the animal feeding operation does not implement corrective measures within the compliance period specified in the NOD, and cost sharing has been made available for existing facilities or practices or if cost sharing is not required under s. NR 151.095, the department may take enforcement action pursuant to s. 281.98, Stats., require the submittal of a WPDES permit application or take other appropriate actions against the owner or operator.Wis. Admin. Code Department of Natural Resources NR 243.25
CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.The procedures specified in this subchapter for category II unacceptable practices are limited to actions taken by the department under s. 281.98, Stats., for noncompliance with a livestock performance standard or prohibition. Pursuant to other statutory authority, the department may take direct enforcement action without cost sharing against a livestock producer for willful or intentional acts or other actions by a producer that pose an imminent or immediate threat to human health or the environment.