All land application of manure shall conform to the United States
Department of Agriculture Natural Resources Conservation Service (NRCS)
Standard 590.
Where the land application of manure is a component of a nutrient
management plan required under Chs. 281 or 283, Wis. Stats., or rules
promulgated thereunder, the land application shall conform to the
nutrient management plan.
Where the land application of manure is regulated by a WPDES
permit, the land application shall comply with all terms of the permit,
including any additional restrictions DNR imposes pursuant to Wis.
Adm. Code § NR 243.14(10) or other source of law.
A.
The Town
may require a person engaged in the land application of manure to
file a report with the Town, by a deadline set by the Town, under
either of the following circumstances:
(1)
A groundwater
contaminant exceeds a water quality preventive action limit established
by Wis. Adm. Code § NR 140.10, Table 1, at a point of standards
application and there is a reasonable basis to conclude that manure
application up-gradient from the contamination has contributed to
the contamination; or
(2)
A groundwater
contaminant exceeds a water quality enforcement standard established
by Wis. Adm. Code § NR 140.10, Table 1, at a point of standards
application; and there is a reasonable basis to conclude that manure
application up-gradient from the contamination has contributed to
the contamination.
B.
The report required under § 55-16A shall include, at a minimum, the following along with any other information specified by the Town:
(1)
If
the person responsible for the manure application disputes that the
manure application has caused or contributed to the increase in the
contaminant level, the factual basis for this position;
(2)
All
testing results and other information regarding the level of the contaminant
on the property where the manure application occurs as well as any
off-site, down-gradient areas;
(3)
Proposed
steps to investigate the causes and extent of the contamination;
(4)
Proposed
steps to curtail the increase in the contaminant level, and to avoid
exceedances of the enforcement standard for the pollutant;
(5)
Proposed
steps to remediate the contamination.
C.
In addition to or in lieu of requiring a report, when either of the circumstances specified in § 55-16A is present, the Town may also do one or more of the following:
(1)
Take
no action;
(2)
Require
the installation and sampling of groundwater monitoring wells;
(3)
Require
a change in an existing groundwater monitoring program, including
increased monitoring;
(4)
Require
an investigation of the extent of groundwater contamination;
(5)
Require
a revision of the operational procedures associated with the land
application;
(6)
Require
an alternate method of manure application or disposal;
(7)
Require
remedial action to renovate or restore groundwater quality; or
(8)
Require
remedial action to prevent or minimize the further discharge or release
of the contaminant to groundwater.
D.
A person
engaged in land application of manure shall provide copies to the
Town of all groundwater testing results that the person provides to
the DNR or other governmental entity.
E.
A person
engaged in land application of manure shall notify the Town within
two business days when they become aware of an exceedance of a groundwater
enforcement standard under Wis. Adm. Code § NR 140.10, Table
1.
