Nutrient management

Nutrient management. (1) All crop producers and livestock producers that apply manure or other nutrients directly or through contract to agricultural fields shall comply with this section. (2) This performance standard does not apply to the application of industrial waste and byproducts regulated under ch. NR 214 , municipal sludge regulated under ch. NR 204 , and septage regulated under ch. NR 113 , provided the material is not commingled with manure prior to application. (3) Manure, commercial fertilizer and other nutrients shall be applied in conformance with a nutrient management plan. (a) The nutrient management plan shall be designed to limit or reduce the discharge of nutrients to waters of the state for the purpose of complying with state water quality standards and groundwater standards. (b) Nutrient management plans for croplands in watersheds that contain impaired surface waters or in watersheds that contain outstanding or exceptional resource waters shall meet the following criteria: 1. Unless otherwise provided in this paragraph, the plan shall be designed to manage soil nutrient concentrations so as to maintain or reduce delivery of nutrients contributing to the impairment of impaired surface waters and to outstanding or exceptional resource waters. 2. The plan may allow for an increase in soil nutrient concentrations at a site if necessary to meet crop demands. 3. For lands in watersheds containing exceptional or outstanding resource waters, the plan may allow an increase in soil nutrient concentrations if the plan documents that any potential nutrient delivery to the exceptional or outstanding resource waters will not alter the background water quality of the exceptional or outstanding resource waters. For lands in watersheds containing impaired waters, the plan may allow an increase in soil nutrient concentrations if a low risk of delivery of nutrients from the land to the impaired water can be demonstrated. (c) In this standard, impaired surface waters are waters identified as impaired pursuant to 33 USC 1313 (d) (1) (A) and 40 CFR 130.7 . Outstanding or exceptional resource waters are identified in ch. NR 102 . (4) This section is in effect on January 1, 2005 for existing croplands under s. NR 151.09 (4) that are located within any of the following: (a) Watersheds containing outstanding or exceptional resource waters. (b) Watersheds containing impaired waters. (c) Source water protection areas defined in s. NR 243.03 (61) . (5) This section is in effect on January 1, 2008 for all other existing croplands under s. NR 151.09 (4) . (6) This section is in effect for all new croplands under s. NR 151.09 (4) on October 1, 2003.