NR 151.125 Note
Note: Other laws, such as ch.
30, Stats., and chs.
NR 103,
115,
116, and
117 and their associated review and approval processes may apply in the protective area.
NR 151.125(4)
(4) Exemptions. This section does not apply to any of the following:
NR 151.125(4)(c)
(c) Structures that cross or access surface waters such as boat landings, bridges, and culverts.
NR 151.125(4)(e)
(e) Areas of post-construction sites from which the runoff does not enter the surface water, including wetlands, without first being treated by a BMP to meet the requirements of
ss. NR 151.122 to
151.123, except to the extent that vegetative ground cover is necessary to maintain bank stability.
NR 151.125 Note
Note: A vegetated protective area to filter runoff pollutants from post-construction sites described in par. (e) is not necessary since the runoff at that location is treated prior to entering the surface water. Other practices necessary to meet the requirements of this section, such as a swale or pond, will need to be designed and implemented to reduce runoff pollutants prior to runoff entering a surface water of the state. The requirements of ch.
NR 103 still apply and should be considered before runoff is diverted to or from a wetland.
NR 151.125 History
History: CR 09-112: cr.
Register December 2010 No. 660, eff. 1-1-11.
NR 151.126
NR 151.126
Fueling and vehicle maintenance areas performance standard. Fueling and vehicle maintenance areas shall have BMPs designed, installed, and maintained to reduce petroleum within runoff, so that the runoff that enters waters of the state contains no visible petroleum sheen, or to the maximum extent practicable.
NR 151.126 Note
Note: A combination of the following BMPs may be used: oil and grease separators, canopies, petroleum spill cleanup materials, or any other structural or non-structural method of preventing or treating petroleum in runoff.
NR 151.126 History
History: CR 09-112: cr.
Register December 2010 No. 660, eff. 1-1-11.
NR 151.127
NR 151.127
Location. To comply with the standards required under
ss. NR 151.122 to
151.124, BMPs may be located on-site or off-site as part of a regional storm water device, practice, or system, but shall be installed in accordance with
s. NR 151.003.
NR 151.127 History
History: CR 09-112: cr.
Register December 2010 No. 660, eff. 1-1-11.
NR 151.128
NR 151.128
Timing. The BMPs that are required under
ss. NR 151.122 to
151.126 shall be installed before the construction site has undergone final stabilization.
NR 151.128 Note
Note: In accordance with subch. V, the department has developed technical standards to help meet the post-construction performance standards. These technical standards are available on the department web page at:
http://dnr.wi.gov/runoff/stormwater/techstds.htm.
NR 151.128 History
History: CR 09-112: cr.
Register December 2010 No. 660, eff. 1-1-11.
NR 151.13
NR 151.13
Developed urban area performance standard for municipalities. NR 151.13(1)(a)(a)
Applicability. This subsection applies to any incorporated municipality with an average density of 1,000 people per square mile or greater, based on the latest decennial census made by the U.S. census, as well as any commercial and industrial areas contiguous to these areas.
NR 151.13 Note
Note: The municipality has primary responsibility for complying with this subsection. However, the public is expected to follow municipal ordinance requirements and requests to carry out activities such as: proper curbside placement of leaves for collection, relocating vehicles for street sweeping, and utilizing proper disposal methods for oils and other chemicals.
NR 151.13(1)(b)
(b) Requirements. For areas identified under
par. (a), all of the following shall be implemented:
NR 151.13(1)(b)1.
1. A public information and education program, utilizing materials identified by the department, promoting beneficial on-site reuse of leaves and grass clippings and proper use of turf and garden fertilizers and pesticides, proper management of pet wastes, and prevention of dumping oil and other chemicals in storm sewers.
NR 151.13(1)(b)2.
2. A municipal program, as appropriate, for the management of leaf and grass clippings, including public education about this program.
NR 151.13(1)(b)3.
3. The application of turf and garden fertilizers on five acres or more of municipally controlled properties shall be done in accordance with a site specific nutrient application schedule based on appropriate soil tests. The nutrient application schedule shall be designed to maintain the optimal health of the turf or garden vegetation.
NR 151.13 Note
Note: In accordance with subch. V, the department has developed a technical standard to help meet the nutrient management performance standard. The technical standard is available on the department web page at:
http://dnr.wi.gov/runoff/stormwater/techstds.htm.
NR 151.13(1)(b)4.
4. Detection and elimination of illicit discharges to storm sewers.
NR 151.13(2)(a)(a)
Applicability. This subsection applies to municipalities that are subject to the municipal storm water permit requirements of subch.
I of ch. NR 216.
NR 151.13(2)(b)
(b) Program. A municipality shall develop and implement a storm water management program, including the adoption and administration of any necessary ordinance, to meet the following requirements:
NR 151.13(2)(b)1.
1. `Stage 1 requirements.' The municipalities identified under
par. (a) shall implement all of the following within 2 years of receiving permit coverage under subch.
I of ch. NR 216:
NR 151.13(2)(b)1.b.
b. A 20 percent reduction in total suspended solids, or to the maximum extent practicable, as compared to no controls, for runoff from existing development that enters waters of the state.
NR 151.13(2)(b)2.
2. `Stage 2 requirements.' The municipalities identified under
par. (a) shall implement one of the following for runoff from existing development that enters waters of the state, as compared to no controls:
NR 151.13(2)(b)2.a.
a. A 40 percent reduction in total suspended solids, by March 31, 2013, if permit coverage was received under subch.
I of ch. NR 216 on or before January 1, 2010.
NR 151.13(2)(b)2.b.
b. A 40 percent reduction in total suspended solids within 7 years of the date of receiving permit coverage for municipalities identified under
par. (a), if permit coverage was received under subch.
I of ch. NR 216 after January 1, 2010.
NR 151.13(2)(b)2.c.
c. If a municipality identified under
par. (a) has determined that it will not achieve a 40 percent reduction in total suspended solids in runoff that enters waters of the state as compared to no controls, by the applicable date of
subd. 2. a. or
b., then 6 months before the applicable date the municipality shall submit a report to the department describing the control measures that it has implemented and shall submit a long term storm water management plan in accordance with
subd. 3.
NR 151.13(2)(b)3.
3. `Long term storm water management plan.' Plans shall include all of the following elements:
NR 151.13(2)(b)3.a.
a. A baseline report showing the existing development boundary, drainage basins, and land uses; and applicable model results to justify the loading for total suspended solids for no controls and controls implemented by the applicable date in
subd. 2. to meet the requirements in
subd. 2. Modeling shall conform to that described in
subd. 5.
NR 151.13(2)(b)3.b.
b. Any agreements with an adjacent municipality, or with municipalities within a 10 digit hydrologic unit code level, to implement the 40 percent total suspended solids reduction on a regional basis per
s. NR 216.07 (6).
NR 151.13(2)(b)3.c.
c. Any long-term maintenance agreements with non-publicly owned control measures where credit for the total suspended solids reduction is included in the analysis.
NR 151.13(2)(b)3.d.
d. An implementation plan and its associated timetable for control measures identified in a cost-effectiveness analysis consistent with
subd. 3. f., that would result in achieving a 40 percent total suspended solids reduction within a period not to exceed 10 years from the applicable compliance date in subd. 2 unless documentation in
subd. 3. e. is provided. The plan shall include modeling data consistent with
subd. 5.
NR 151.13(2)(b)3.e.
e. If a municipality has determined that it cannot achieve 40 percent total suspended solids reduction within 10 years from the applicable compliance date in subd. 2, including the use of agreements with other municipalities and long term maintenance agreements for non-public control measures, the plan shall demonstrate why 40 percent reduction cannot be achieved. A long term storm water management plan under this subdivision shall describe the control measures identified in a cost-effectiveness analysis consistent with
subd. 3. f. that the municipality will implement within 10 years and document the amount of reduction that will be achieved. The plan shall also include an implementation plan and associated timetable for control measures identified in a cost-effectiveness analysis consistent with
subd. 3. f. that would result in achieving a 40 percent total suspended solids reduction. The plan shall include modeling data consistent with
subd. 5.
NR 151.13(2)(b)3.f.
f. A cost-effectiveness analysis shall include a systematic comparison of alternatives to meet the 40 percent total suspended solids reduction based on the cost per pound of pollutant removed. This analysis shall take into account anticipated redevelopment or reconstruction projects and the cost to retrofit the site versus the cost to install practices during redevelopment or reconstruction. The analysis shall consider the cost to ensure long term maintenance of non-publicly owned control practices for which the municipality is taking credit as well as publicly owned control practices, the source of funding for installation and maintenance of control measures, and competing interests for that funding source. The municipality may include an analysis of affordability in the cost-effectiveness analysis. The analysis shall consider the feasibility and commensurate increase in cost of installing a control measure where there are competing issues such as human safety and welfare, endangered and threatened resources, historic properties, and geographic features.
NR 151.13(2)(b)4.a.a. The department shall review the plan required under
subd. 3. and provide comments within 6 months of receipt. The municipality shall modify the plan to correct any deficiencies identified by the department.
NR 151.13(2)(b)4.b.
b. The department shall accept documentation that demonstrates to the department's satisfaction that the 40 percent reduction will be met by the applicable compliance date of
subd. 2.
NR 151.13(2)(b)4.c.
c. The department shall review plans where the 40 percent reduction can be made within the schedule proposed by the municipality under
subd. 3. d. However, the department upon review of the plan may request a modification of the schedule or control measures if the department determines that control measures can achieve the 40 percent reduction within a shorter timeframe. The department shall include in the acceptance of the plan the provision in
subd. 4. e.
NR 151.13(2)(b)4.d.
d. The department shall review a plan with an extended timetable beyond 10 years from the applicable compliance date in
subd. 2. where the municipality has demonstrated to the department's satisfaction that the 40 percent reduction cannot be made within 10 years from the applicable compliance date in
subd. 2. However, upon review of the plan the department may request a modification of the schedule or control measures if the department determines that control measures can achieve the 40 percent reduction within a shorter timeframe than proposed by the municipality. The department shall include in the acceptance of the plan the provision in
subd. 4. e.
NR 151.13(2)(b)4.e.
e. The municipality shall submit a report on an initial schedule set by the department and every 5 years thereafter documenting progress and reviewing whether changes in land use, local regulations, control technology or other factors have affected the use or timing of control measures meeting the performance standard of
subd. 2. The report shall include a modeling analysis documenting progress and recommending any changes in control measures or timetables for achieving a 40 percent reduction.
NR 151.13(2)(b)5.
5. `Model requirements.' Evidence of meeting the performance standard of
subd. 2. shall be based on the use of a model or an equivalent methodology approved by the department. Acceptable models and model versions include SLAMM version 9.2 and P8 version 3.4 or subsequent versions of those models. Earlier versions of SLAMM are acceptable when the municipality is not taking any credit for street cleaning.
NR 151.13 Note
Note: Information on how to access SLAMM and P8 and the relevant parameter files are available at:
http://dnr.wi.gov/runoff/models/index.htm or by contacting the department's storm water management program at (608) 267-7694.
NR 151.13 Note
Note: It is expected that a municipality will be able to achieve the 40 percent reduction with a combination of practices including the use of high efficiency street cleaning, structural BMP retrofit practices, structural BMP redevelopment or reconstruction practices, and entering into maintenance agreements for BMPs on privately owned lands, such as shopping centers, to receive credit.
NR 151.13(2)(c)
(c) Location. To comply with the standards required under this subsection, BMPs may be located on-site or off-site as part of a regional storm water device, practice or system, but shall be installed in accordance with
s. NR 151.003.
NR 151.13(2)(e)
(e) Calculation of reduction. The department shall recognize total suspended solids reduction not otherwise accounted for in computer models for the implementation of programs, ordinances and other institutional controls that result in scientifically supported reductions of total suspended solids and are developed as a technical standard under
s. NR 151.31.
NR 151.14
NR 151.14
Turf and garden nutrient management performance standard. NR 151.14(1)
(1)
Applicability. This section applies when all of the following conditions are met:
NR 151.14(1)(b)
(b) Nutrients are applied to over 5 acres of turf or garden.
NR 151.14(1)(d)
(d) The property is not an agricultural facility or practice.
NR 151.14(2)
(2) Responsible party. The landowner is the responsible party and shall comply with this section.
NR 151.14(3)
(3) Requirements. The application of turf and garden fertilizers on these properties shall be done in accordance with site-specific nutrient application schedules based on appropriate soil tests. The nutrient application schedule shall be designed to maintain the optimal health of the turf or garden vegetation.
NR 151.14 Note
Note: In accordance with subch. V, the department has developed a technical standard to help meet the nutrient management performance standard. The technical standard is available on the department web page at:
http://dnr.wi.gov/runoff/stormwater/techstds.htm.
NR 151.15
NR 151.15
Implementation and enforcement. NR 151.15(1)(1)
Implementation. This subchapter shall be implemented as follows:
NR 151.15 Note
Note: The department may develop and revise available model ordinances to reflect the applicability and performance standards in ss.
NR 151.11,
151.12, and
151.121 to
151.128. These model ordinances are in ch.
NR 152. Municipalities are encouraged to adopt the requirements of ss.
NR 151.11,
151.12, and
151.121 to
151.128, into local ordinances. Incentives are included in the grant programs identified in chs.
NR 153 and
155, for municipalities that adopt the performance standards into their ordinances, provide an information and education program, and track and report their enforcement activity.
NR 151.15(2)
(2) Enforcement. The department shall enforce this subchapter under s.
281.98, Stats., except for those requirements that are implemented through
ch. NR 216, which shall be enforced under ss.
283.89 and
283.91, Stats.
NR 151.15 History
History: CR 00-027: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 09-112; am. (1), (2)
Register December 2010 No. 660, eff. 1-1-11; correction to numbering of (2) made under s.
13.92 (4) (b) 1., Stats.,
Register December 2010 No. 660.
NR 151.20
NR 151.20
Purpose and applicability. NR 151.20(1)
(1) This subchapter establishes performance standards, as authorized by s.
281.16 (2) (a), Stats., for transportation facilities that cause or may cause runoff pollution. These performance standards are intended to limit runoff pollution in order to achieve water quality standards. Design guidance and the process for developing technical standards to implement this subchapter are set forth in subch.
V.
NR 151.20(2)
(2) Transportation facilities that are directed and supervised by the department of transportation and that are regulated by an administrative rule administered by the department of transportation, where the department determines in writing that the rule meets or exceeds the performance standards of this subchapter and is implemented in accordance with the administrative rule provisions, shall be deemed to meet the requirements of the portions of this subchapter determined by the department.
NR 151.20(3)
(3) In
s. NR 151.23, soil loss is calculated using the appropriate rainfall or runoff factor, also referred to as the R factor, or an equivalent design storm using a type II distribution, with consideration given to the geographic location of the site and the period of disturbance.
NR 151.20 Note
Note: The universal soil loss equation and its successors, revised universal soil loss equation and revised universal soil loss equation 2, utilize an R factor which has been developed to estimate soil erosion, averaged over extended time periods. The R factor can be modified to estimate monthly and single-storm erosion.
NR 151.21
NR 151.21
Definitions. In this subchapter:
NR 151.21(1m)
(1m) "Average annual rainfall" means a typical calendar year of precipitation as determined by the department for users of models such as SLAMM, P8, or equivalent methodology. The average annual rainfall is chosen from a department publication for the location closest to the municipality.
NR 151.21 Note
Note: Information on how to access SLAMM and P8 and the average annual rainfall files for five locations in the state, as published periodically by the department, is available at:
http://dnr.wi.gov/runoff/models/index.htm or by contacting the storm water management program at (608) 267-7694.
NR 151.21(2)
(2) "Borrow site" means an area outside of a project site from which stone, soil, sand or gravel is excavated for use at the project site, except the term does not include commercial pits.
NR 151.21(4)
(4) "Material disposal site" means an area outside of a project site, which is used, for the lawful disposal of surplus materials or materials unsuitable for use within the project site that is under the direct control of the contractor. A municipally owned landfill or private landfill that is not managed by the contractor is excluded from this definition.
NR 151.21(5)
(5) "Minor reconstruction" means either of the following:
