State of Wisconsin DEPARTMENT OF NATURAL RESOURCES 101 S. Webster Street Box 7921 Madison WI 53707-7921 Scott Walker, Governor Cathy Stepp, Secretary Telephone 608-266-2621 Toll Free 1-888-936-7463 TTY Access via relay - 711 July 28, 2016 TO: Tinka Hyde, U.S. EPA; Scott Feldt, Kewaunee County, Groundwater Collaboration Workgroup members FROM: Cathy Stepp, DNR Secretary RE: Groundwater Collaboration Workgroup Final Report Recommendations I’d like to inform you on the status of our efforts to address groundwater contamination in Kewaunee County. The Wisconsin Department of Natural Resources (DNR) is committed to keeping our state’s groundwater and surface waters clean and safe. We take that responsibility very seriously. Based on recommendations made in the Kewaunee Groundwater Collaboration Workgroup report, the DNR is already moving to strengthen water quality performance standards in sensitive areas that feature karst type geology with shallow soil, not just in Kewaunee and adjacent counties, but other areas of the state with similar geology. The department has taken the first required legal steps to update chs. NR 151 and NR 243, Wis. Adm. Code, to address these sensitive areas, and will be presenting a scope statement for review by the Natural Resources Board (NRB) at its August meeting. The scope statement for the proposed rule revisions will consider rule changes in ch. NR 151, the nonpoint source rule, defining sensitive areas and identifying performance standards for how manure is applied in those areas and incorporating by reference the targeted standards in ch. NR 243, the Concentrated Animal Feeding Operations (CAFO) rule. The rule making process will allow for public participation as the rules are developed. NR 151 Under s. 281.16(3)(a), Wis. Stats., the department is directed to promulgate by rule agricultural and nonagricultural performance standards to meet water quality standards. This was completed by promulgation of ch. NR 151, Runoff Management, in 2002. Ch. NR 151 allows for the development of state targeted performance standards when the existing performance standards are not adequate to meet water quality standards. The department’s scope statement proposes to develop targeted performance standards to address land spreading of manure where the soil depth to bedrock is shallow and the bedrock is fractured (also described as karst topography). The scope statement includes consideration of recommendations put forward by the workgroup to address these sensitive areas. NR 243 CAFOs are governed by ch. NR 243 and subject to permitting under the Wisconsin Pollution Discharge Elimination System (WPDES). Ch. NR 243 is primarily for management of animal waste, including landspreading of manure. dnr.wi.gov wisconsin.gov Page 2 The department will include by reference any targeted performance standards developed under ch. NR 151 into NR 243. Once the NRB approves the DNR scope statements, the department will begin the process of updating and revising chs. NR 151 and NR 243 to implement the performance standards necessary to attain groundwater and surface water quality standards. The goal is to have these updated rules ready for public hearings in the summer of 2017. Other Workgroup Recommendations While the DNR is still reviewing the final Kewaunee Groundwater Collaboration Workgroup report, we have already begun implementing some of the recommendations. For a full set of recommendations please review the final report on the web at: http://dnr.wi.gov/topic/groundwater/collaborationworkgroup.html. . While the Department continues to evaluate all of the recommendations directed to it by the work groups, we either already implement or have begun work to implement the following: Short-term Solutions Recommendations For DNR  Workgroup Recommendation: DNR consider beginning an investigation on all E.coli positive samples reported to them from well owners in Kewaunee County. If offsite livestock contamination seems plausible investigation may include Microbial Source Tracking (MST) sampling at no cost to the well owner. o DNR Response: The Department investigates all E-coli positive well tests if contacted by the well owner, almost always within 24 hours of notification. Investigations are initiated prior to an E.-coli positive test if conditions such as brown, manure-smelling water are reported. If the Department determines that the source of contamination is likely to be livestock, a field investigation occurs which may include MST sampling at no cost to the well-owner.  Workgroup Recommendation: Create a brochure/fact sheet detailing bacteria contamination with information on potential sources, contamination definition, remediation, and funding assistance. This document should be shared with all stakeholders including laboratories in Wisconsin certified for bacteria analysis. o DNR Response: A fact sheet is under development and is under final review.  Workgroup Recommendation: Develop a communication plan for distributing to the public the recommendations discussed and findings of the Short Term Solutions workgroup. This may include consideration of coordinating and holding a public meeting or series of meetings and participation by all workgroup members. o DNR Response: A public informational meeting of all the work group’s recommendations was held in Kewaunee County on June 23, 2016. A Department web page has been established to provide specific information about the work groups, including the final report, and this page is updated as new information becomes available. Page 3 Compliance Recommendations For DNR  Workgroup Recommendation: More stringent review of CAFO emergency land spreading variances. o DNR Response: Prior to fall 2015, DNR developed a staff guide for the review and approval process regarding emergency land spreading approvals. DNR emailed regulated entities and consultants the expectations regarding these requests.  Workgroup Recommendation: Require that all land applicators have, at minimum, one set of spreading restriction maps and written instructions present for land application sites where manure is actively being applied. o DNR Response: DNR will conduct outreach to regulated entities and custom haulers notifying them that maps and instructions are required at land application sites to demonstrate nutrient management plan implementation.  Workgroup Recommendation: Develop guidance that defines and explains “substantial compliance” requirements for CAFO permit reissuance. May include: inspection checklist updates; staff training, template reporting resources, and clearer permit conditions. o DNR Response: DNR plans to review existing guidance on what substantial compliance means and to work with staff on consistent application of the guidance.  Workgroup Recommendation: Improve review and approval process of offsite waste distribution by non-agricultural waste generators into agricultural waste storages. o DNR Response: DNR has developed guidance regarding the requirements and approval process for this activity. The final draft will soon be presented for public input and likely finalized by Fall 2016. Internal staff outreach and training will follow. Sensitive Areas/Best Management Practices Recommendations For DNR With the approval of the Governor’s Office and the NRB, DNR hopes to undertake the development of a targeted performance standard for sensitive areas under ch. NR 151 as mentioned earlier. During rule development, the DNR will look at the recommendations provided by this workgroup and consider which of them are appropriate as targeted performance standards. The rule making process will include additional opportunities for public input. There are several recommendations to consider, including (but not limited to):  no mechanical applications of manure on soils with a soil depth less than 12 inches to bedrock;  no manure applications of liquid manure on soils with less than 24” to bedrock (liquid manure is defined as having less than 12% solids content); and Page 4  all livestock operations that apply manure prepare and implement a nutrient management plan that reflects, at a minimum, the most recent NRCS 590 technical standard. Additional Recommendations The department has also begun work on several other recommendations specific to DNR, including:  Increase audits of nutrient management plan implementation for CAFOs in the area.  Reallocate resources to be able to fill all vacancies in the CAFO program.  Hire an environmental enforcement specialist to support CAFO and Drinking Water and Groundwater staff.  Establish several teams to address the following ideas put forth by the workgroups such as how DNR: o investigates well contamination events; o addresses permit violations; and o communicates with counties and the public regarding these occurrences.  DNR anticipates further internal guidance development to improve its processes.  Form an Alternative Practices workgroup. This work group will continue to review new or alternative technology and best management practices, serve as a continued communication forum and provide additional suggestions into the future. Our work doesn’t end with revisions to these administrative rules or with implementation of the other recommendations. The DNR – along with other agencies and stakeholder groups – will continue to work together as we address water quality issues not only in and around Kewaunee County, but across the state. Sincerely, Cathy Stepp Secretary Cc: NRB Members- Terry Hilgenberg Greg Kazmierski Julie Anderson William Bruins Preston Cole Dr. Frederick Prehn Gary Zimmer