Current through October 28, 2024
Section NR 243.19 - Inspections, record keeping and reporting(1) MONITORING AND INSPECTION PROGRAM. In accordance with a WPDES permit, the permittee shall submit a monitoring and inspection program designed to determine compliance with permit conditions that identifies the areas that the permittee will inspect in accordance with this section, the person responsible for conducting the inspections and how inspections will be recorded and submitted to the department. The monitoring and inspection program shall be consistent with the requirements in this subsection.(a)Inspections. Visual inspections shall be completed by the permittee or designee in accordance with the following frequencies: 1. Daily inspection for leakage of all water lines that potentially come into contact with pollutants or drain to storage or containment structures or runoff control systems, including drinking or cooling water lines.2. Weekly inspections to ensure proper operation of all storm water diversion devices and devices channeling contaminated runoff to storage or containment structures.3. Weekly inspections of liquid storage and containment structures. For liquid storage and containment facilities, the berms shall be inspected for leakage, seepage, erosion, cracks and corrosion, rodent damage, excessive vegetation and other signs of structural weakness. In addition, the level of material in all liquid storage and containment facilities shall be measured and recorded in feet or inches above or below the margin of safety level.4. Quarterly inspections of the production area, including outdoor animal pens, barnyards and raw material storage areas. CAFO outdoor vegetated areas shall be inspected quarterly.5. Periodic inspections and calibration of landspreading equipment to detect leaks and ensure accurate application rates for manure and process wastewater. An initial calibration of spreading equipment shall be followed by additional calibration after any equipment modification that may impact application of manure or process wastewater or after changes in product or manure or process wastewater consistency. Spreading equipment for both liquid and solid manure shall be inspected just prior to the hauling season, and equipment used for spreading liquids shall be inspected at least once per month during months when hauling occurs.6. Inspections each time manure or process wastewater is surface applied on frozen or snow-covered ground to determine if applied materials have run off the application site. Inspections shall occur during and shortly after application.(b)Corrective actions. The permittee shall take corrective actions as soon as practicable to address any equipment, structure or system malfunction, failure or other problem identified through monitoring or inspections in par. (a). (c)Sampling. Manure, process wastewater and soil on fields used for land application shall be sampled by the permittee in accordance with this chapter and WPDES permit conditions. Manure or process wastewater shall be analyzed on at least an annual basis for nitrogen, phosphorus and percent solids in years when the manure or process wastewater is applied. The department may require more frequent monitoring and monitoring for other parameters as part of a WPDES permit where necessary to provide representative samples of manure and process wastewater. Manure and soil samples shall be analyzed by a laboratory certified under s. ATCP 50.50. Samples of process wastewater that are not mixed with manure shall be analyzed using applicable methods specified in ch. NR 219. The department may specify alternative methods for sampling in the WPDES permit. The permittee shall submit appropriate quality control information for sampling and analysis upon written request of the department. Note: NRCS Standard 590 requires soil testing once every 4 years.
(2) RECORD KEEPING. The permittee shall retain complete records onsite of all information required as part of this subchapter for a period of at least 5 years from the date the records are created. Results of inspection information, sampling and other information required under this section shall be recorded at the time the information is obtained.(a)Record keeping requirements for the production area. The permittee shall create and retain records documenting the following information for the production area: 1. Current design of any manure storage structures, including volume for solids accumulation, design treatment volume, total design volume, and approximate number of days of storage capacity.2. Sampling and inspection information required under sub. (1) (a) and (c).Note: This subsection requires that specific information must be recorded when samples are taken or inspections are conducted.
3. The date that liquid storage facilities were emptied to the 180-day level indicator.4. The date, time and estimated volume of any overflow.5. Any actions taken to correct deficiencies as required under sub. (1) (b). Deficiencies not corrected within 30 days shall be accompanied by an explanation of the factors preventing correction.6. Mortality management and practices used by the permittee to meet the requirements of s. NR 243.13(8), including the dates and methods of disposal.(b)Record keeping requirements for land application activities. The permittee shall create and retain the following records for activities associated with land application: 1. A copy of the nutrient management plan.2. Daily logs recorded using form 3200-123A or a department approved equivalent, indicating the following. a. The dates manure or process wastewater is applied to each field.d. Manure source and waste type.g. Whether the soil was dry, wet, saturated, frozen or snow covered at the time of application.h. Weather conditions at time of application.i. Whether manure was injected, incorporated or surface applied.j. Dates of emergency applications in winter.k. For surface applications on frozen or snow-covered ground, whether any applied manure or process wastewater ran off the application site.3. A weather log for all dates that manure and process wastewater is spread, including weather 24 hours prior to and following application.4. Total amount of nitrogen and phosphorus actually applied to each field, including documentation of calculations for the total amount applied.5. Results from manure, process wastewater and soil sampling.6. Dates of manure application equipment inspection.7. Records of the date, recipient name and address, approximate amount and nutrient content of manure or process wastewater distributed to another person in accordance with s. NR 243.142.(c)Record keeping for sampling. For each manure, process wastewater and soil sample taken, the permittee shall record the following information: 1. The date, exact place, method and time of sampling or measurements.2. The individual or lab that performed the sampling or measurements.3. The date the analysis was performed.4. The individual who performed the analysis.5. The analytical techniques or methods used.6. The results of the analysis.(d)Record keeping for inspections. For each inspection conducted by the permittee, the permittee shall record the following information: 1. The date and name of persons performing the inspection.2. An inspection description, including components inspected.3. Details of what was discovered during the inspection.4. Recommendations for repair or maintenance.5. Any corrective actions taken.(3) REPORTING REQUIREMENTS. (a)Corrective actions. If the permittee fails to take corrective action within 30 days of identifying a malfunction, failure or other problem identified under sub. (1), the permittee shall contact the department immediately following the 30-day period and provide an explanation for its failure to take action. (b) Quarterly reporting requirements. The permittee shall summarize the results of the inspections conducted at the production area in a written quarterly report. The reports shall be maintained onsite until submittal as part of the annual report in par. (c). The report shall include the following information:1. Identified permit violations including all discharges of manure or process wastewater to surface waters, overflows of liquid manure or process wastewater storage and containment structures, and number of missed inspections.2. Dates, times and approximate volume of discharges in subd. 1.3. Corrective actions taken.4. A summary of the condition of runoff control systems and storage and containment structures.5. A summary of recorded levels of materials in liquid storage and containment structures, including exceedances of the maximum operating and margin of safety levels.6. Other information requested by the department in writing or in the permit.(c)Annual reporting requirements. The permittee shall submit written annual reports to the department by the date specified in the WPDES permit for all manure and other process wastewater that is generated. These annual reports shall cover the previous calendar year or cropping year, as specified in the WPDES permit, and shall include the following:1. The quarterly reports required under par. (b).2. The number and type of mature and immature animals at the operation and whether the animals are in open confinement or housed under roof.3. The total amount of material in large CAFO storage or containment facilities, including manure and process wastewater generated by the large CAFO in the previous 12 months, precipitation and runoff diverted to storage or containment structures.4. Lab analyses of manure and process wastewater land applied in the previous 12 months, and the most recent soil test analysis completed for fields receiving manure or process wastewater in the previous 12 months.5. An annual spreading report summarizing manure and other process wastewater land application activities using form 3200-123 or a department-approved equivalent, indicating the following for each field receiving manure or process wastewater: b. Information on the fields where manure or process wastewater is applied including field identification, slope and soil test phosphorus levels.d. Source and nutrient content of applied manure.e. Current and previous field crops.f. Nutrient balance indicating crop nutrient need in comparison to nutrients applied and credited from all sources.g. Whether the soil was dry, wet, saturated, frozen or snow covered.h. Method and rate of application in tons or gallons per acre.i. Whether fields meet T.j. Whether soil tests have been taken within the last 4 years.k. Number of years of crop phosphorus need applied based on crop rotation. L. For surface applications on frozen or snow-covered ground, whether any applied manure or process wastewater ran off the application site.6. Dates on which storage facilities were emptied to the 180-day level indicator.7. Total amount of manure and process wastewater distributed to another person by the permittee in accordance with s. NR 243.142 in the previous12 months.8. Total number of acres for land application covered by the nutrient management plan developed in accordance with s. NR 243.14.9. Total number of acres actually used by the permittee for land application of manure and process wastewater in the previous 12 months.10. A statement indicating whether the current version of the permittee's nutrient management plan was developed or approved by a certified nutrient management planner.11. Results of land application equipment inspections and calibration.12. Other information requested by the department in writing or in the permit.Wis. Admin. Code Department of Natural Resources NR 243.19
CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.Forms 3200-123 and 3200-123A can be obtained at regional offices of the department or the department's Bureau of Watershed Management, 101 S. Webster St., P.O. Box 7921, Madison, Wisconsin 53707.