NR 216.002 Note Note: 42 USC 9601 to 9675 is also known as the comprehensive environmental response, compensation and liability act (CERCLA). 42 USC 11023 is also known as the emergency planning and community right-to-know act (EPCRA), or as section 313 of title III of the superfund amendments and reauthorization act (SARA) of 1986.
NR 216.002(31) (31)“Source area controls" means best management practices intended to prevent storm water runoff from contacting materials that can potentially contaminate it or if contact occurs, to reduce pollutants at the source of contamination.
NR 216.002(32) (32)“Stabilize" means the process of making a site steadfast or firm, minimizing soil movement by the use of practices such as mulching and seeding, sodding, landscaping, paving, graveling or other appropriate measures.
NR 216.002(33) (33)“Storm water" means runoff from precipitation including rain, snow, ice melt or similar water that moves on the land surface via sheet or channelized flow.
NR 216.002(34) (34)“Storm water outfall" means the point where a municipal separate storm sewer system discharges to waters of the state, or leaves one municipality and enters another.
NR 216.002(35) (35)“SWPPP" means storm water pollution prevention plan.
NR 216.002(36) (36)“TMDL" has the meaning given it in 40 CFR 130.2(i).
NR 216.002(37) (37)“Treatment BMP" means a storm water treatment system, works or practice that is designed to reduce or remove pollutants from contaminated storm water.
NR 216.002(38) (38)“Urbanized area" means a place and the adjacent densely settled surrounding territory that together have a minimum population of 50,000 people, as determined by the U.S. bureau of the census based on the latest decennial federal census.
NR 216.002(39) (39)“Urban storm water planning area" means the boundary defined by a municipality that serves as the appropriate planning area for the abatement of storm water runoff pollution into waters of the state.
NR 216.002(40) (40)“Waters of the state" has the meaning given it in s. 283.01 (20), Stats.
NR 216.002(41) (41)“Working day" means any day except Saturday and Sunday and holidays designated in s. 230.35 (4) (a), Stats.
NR 216.002(42) (42)“WPDES permit" means a Wisconsin pollutant discharge elimination system permit issued pursuant to ch. 283, Stats.
NR 216.002 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.003 NR 216.003General permits.
NR 216.003(1)(1)Conditions and duration. In addition to the terms and conditions listed under this chapter, if a storm water discharge general permit is issued, it may require compliance with the terms and conditions identified in s. NR 205.08. The term of the permit shall be the maximum period of time provided by federal law.
NR 216.003 Note Note: A maximum time period of 5 years is allowed under federal law.
NR 216.003(2) (2) Limited coverage of general permits. Under s. 283.35, Stats., the department may issue a general permit that applies only to certain classes or categories of storm water discharges, or only to storm water discharges located in a designated area of the state, or both. Any limitation of the coverage of a general storm water discharge permit shall be stated in the permit. When the department receives a notice of intent or application for general permit coverage, it shall determine whether the discharge is for a class or category of storm water discharge that is covered by a general permit and is located within an area of the state to which the general permit applies. If the discharge is for a class or category that requires permit coverage but is not covered by a general permit or is for a discharge located outside of the area to which a general permit applies, the department shall treat the notice of intent or application as an application for an individual WPDES permit, and the landowner shall obtain an individual WPDES permit under this chapter for the discharge.
NR 216.003 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.004 NR 216.004Noncompliance.
NR 216.004(1)(1)Any act of noncompliance with the provisions of any storm water discharge permit issued under this chapter is a violation of the permit and is grounds for enforcement action or denial of continued coverage under a general permit.
NR 216.004(2) (2)Permittees shall submit reports of noncompliance with requirements contained in a compliance schedule of the permit in writing within 14 days after the compliance schedule deadline. Reports of noncompliance shall include: a description of the noncompliance; its cause; the steps taken or planned to reduce, eliminate and prevent reoccurrence of the noncompliance; and the effect of the noncompliance on the permittee's ability to meet remaining deadlines.
NR 216.004(3) (3)The permittee shall immediately notify the department in accordance with ch. NR 706, in the event that a spill or accidental release of any hazardous material or substance results in the discharge of pollutants to waters of the state or creates a condition that may contaminate storm water discharged to waters of the state. The department shall be notified via the 24-hour toll-free spill hotline.
NR 216.004 Note Note: The department's 24-hour toll-free spill hotline is 1-800-943-0003.
NR 216.004(4) (4)The permittee shall take all reasonable steps to minimize or prevent any adverse impacts on the waters of the state resulting from noncompliance with a storm water discharge permit.
NR 216.004 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.005 NR 216.005Long-term storm water maintenance requirements. The long-term storm water management practices installed by the landowner in accordance with a storm water management plan shall be maintained in accordance with the long-term maintenance agreement submitted to the department pursuant to s. NR 216.47 (5).
NR 216.005 Note Note: Pursuant to the requirements to maintain the long-term storm water management practices in accordance with ss. NR 151.12 and 151.24, the department may take enforcement action under this section and s. 281.98, Stats., against a landowner for not maintaining long-term storm water management practices.
NR 216.005 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
subch. I of ch. NR 216 Subchapter I — Municipal Storm Water Discharge Permits
NR 216.01 NR 216.01Purpose. The purpose of this subchapter is to identify municipalities that are required to obtain WPDES municipal storm water permits, and to establish the application and permit requirements for municipal storm water discharge permits, as required by s. 283.33, Stats. The goal of this subchapter is to address storm water quality concerns associated with urban runoff and prevent to the maximum extent practicable the discharge of pollutants from municipal separate storm sewer systems as identified in s. NR 216.02. The department shall consider other environmental problems facing municipalities and emphasize cost effective best management practices when determining what is practicable.
NR 216.01 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.02 NR 216.02Permit coverage required. The following owners or operators of municipal separate storm sewer systems shall obtain coverage under a WPDES municipal storm water permit under this subchapter:
NR 216.02 Note Note: A city, village or town is not responsible for a county, state and federally operated MS4 that lies within its jurisdiction.
NR 216.02(1) (1) Owners and operators of municipal separate storm sewer systems serving populations of 100,000 or more. The owner or operator of a municipal separate storm sewer system serving incorporated areas with a population of 100,000 or more as determined by the 1990 decennial census.
NR 216.02(2) (2) Previously notified owners or operators of municipal separate storm sewer systems. The owner or operator of a municipal separate storm sewer system notified in writing by the department prior to August 1, 2004, to obtain a WPDES municipal storm water permit.
NR 216.02(3) (3) Urbanized areas. Unless exempted pursuant to s. NR 216.023, the owner or operator of a municipal separate storm sewer system within an urbanized area as defined by the U.S. bureau of the census.
NR 216.02(4) (4) Municipal separate storm sewer systems serving over 10,000. An owner or operator of a municipal separate storm sewer system serving a population of 10,000 or more and a population density of 1,000 or more per square mile, as determined by the U.S. bureau of the census based on the latest decennial census unless it is exempted under s. NR 216.024.
NR 216.02 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.022 NR 216.022Other environmental programs. The department may determine that a municipal separate storm sewer system is in compliance with permit coverage required under s. 283.33, Stats., and will not be required to hold a permit under s. 283.33, Stats., where the storm water discharge is in compliance with a memorandum of understanding with another agency of the state that implements rules that are equivalent to this subchapter and that include storm water control requirements that are at least as stringent as this subchapter requires.
NR 216.022 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.023 NR 216.023Urbanized area exemption. The department may waive the requirement to obtain permit coverage under this subchapter for a municipal separate storm sewer system within an urbanized area listed under s. NR 216.02 (3) that meets all of the following:
NR 216.023(1) (1)The owner or operator of the system is not otherwise required to obtain permit coverage pursuant to s. NR 216.02 (2).
NR 216.023(2) (2)The system serves a population less than 1,000.
NR 216.023(3) (3)The system is not contributing substantially to the pollutant loadings of a physically interconnected municipal separate storm sewer system that is regulated under this subchapter.
NR 216.023(4) (4)If the system discharges a pollutant that has been identified as a cause of impairment of any water body to which it discharges, storm water controls must not be needed based on wasteload allocations that are part of a U.S. EPA approved or established TMDL that addresses any pollutant of concern.
NR 216.023 Note Note: The department has a list of impaired waters with pollutants of concern available on its website. If an MS4 is exempted from permit coverage under this section, the owner or operator does not need to satisfy the exemption requirements of s. NR 216.024.
NR 216.023 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.024 NR 216.024Non-urbanized area exemption.
NR 216.024(1)(1)The owner or operator of a municipal separate storm sewer system required to have permit coverage under s. NR 216.02 (4) may request that its municipal separate storm sewer system be exempted by the department from the requirement to obtain permit coverage under this subchapter. This request shall demonstrate all of the following:
NR 216.024(1)(a) (a) The municipal separate storm sewer system is not required to have permit coverage pursuant to s. NR 216.02 (1), (2) or (3);
NR 216.024(1)(b) (b) The municipal separate storm sewer system receives runoff from less than 320 total acres from any combination of the following land uses including all pervious and impervious land covers such as roof tops, parking lots, roads, sidewalks and grassed areas:
NR 216.024(1)(b)1. 1. Commercial.
NR 216.024(1)(b)2. 2. Industrial.
NR 216.024(1)(b)3. 3. Institutional.
NR 216.024(1)(b)4. 4. Residential with greater than 4.0 homes per acre.
NR 216.024(1)(c) (c) The rate of population growth of the area served by the municipal separate storm sewer system is less than 10% between the 2 most recent decennial censuses as determined by the U.S. bureau of the census.
NR 216.024(1)(d) (d) The municipal separate storm sewer system does not discharge directly into any outstanding resource water listed under s. NR 102.10, exceptional resource water listed under s. NR 102.11, a cold water stream as listed under s. NR 102.04 (3) (a), Great Lakes area of concern pursuant to 33 USC 1268 or a wetland in an area of special natural resource interest as specified in s. NR 103.04.
NR 216.024(1)(e) (e) If the system discharges a pollutant that has been identified as a cause of impairment of any water body to which it discharges, storm water controls must not be needed based on wasteload allocations that are part of a U.S. EPA approved or established TMDL that addresses any pollutant of concern.
NR 216.024(2) (2)An exemption request under this section shall be made by the owner or operator of the municipal separate storm sewer system within 90 days of the department letter notifying the owner or operator to apply for permit coverage under this subchapter. The department letter shall indicate that the owner or operator has 90 days to submit an exemption request pursuant to this section. The exemption request shall be submitted to the department together with the application required under s. NR 216.03.
NR 216.024(3) (3)The department shall exempt the owner or operator of a municipal separate storm sewer system from the requirement to obtain permit coverage under this subchapter for requests that comply with subs. (1) and (2), unless either of the following occurs:
NR 216.024(3)(a) (a) The department has site-specific information that the municipal separate storm sewer system has a physical, chemical or biological impact that threatens or impairs the designated uses of waters of the state.
NR 216.024(3)(b) (b) The department has determined that controls are needed on the municipal separate storm sewer system based on wasteload allocations that are part of a U.S. EPA approved or established TMDL or equivalent analysis that addresses the pollutants of concern.
NR 216.024 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.025 NR 216.025Designation criteria. The department may require the owner or operator of any municipal separate storm sewer system to obtain permit coverage under this subchapter if the system meets any of the following:
NR 216.025(1) (1)It serves an area contiguous to an area served by a municipal separate storm sewer system that is required to have permit coverage under this subchapter and it receives runoff from 320 or more total acres from any combination of the following land uses including all pervious and impervious land covers such as roof tops, parking lots, roads, sidewalks and grassed areas:
NR 216.025(1)(a) (a) Commercial.
NR 216.025(1)(b) (b) Industrial.
NR 216.025(1)(c) (c) Institutional.
NR 216.025(1)(d) (d) Residential with greater than 4.0 homes per acre.
NR 216.025(2) (2)The department has site-specific information that the municipal separate storm sewer system has a physical, chemical or biological impact that threatens or impairs the designated uses of waters of the state.
NR 216.025(3) (3)The department determines that controls are needed on the municipal separate storm sewer system based on wasteload allocations that are part of a U.S. EPA approved or established TMDL or equivalent analysis that addresses the pollutants of concern.
NR 216.025 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.026 NR 216.026Petition for permit coverage. Any person may petition the department to evaluate a municipal separate storm sewer for the need to obtain permit coverage using the criteria under s. NR 216.025. The petition shall contain relevant information to assist the department in this evaluation in accordance with the criteria contained in s. NR 216.025. In response to a petition, the department may perform an evaluation of the municipal separate storm sewer system for which the petition is received.
NR 216.026 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.03 NR 216.03Application for permit coverage.
NR 216.03(1)(1)The owner or operator of a municipal separate storm sewer system identified as needing a permit under s. NR 216.02 shall submit an application to the department within 90 days of a department letter notifying the owner or operator that a permit application is required. The application shall be submitted on forms made available from the department.
NR 216.03 Note Note: Under 40 CFR 122.33(c)(1), the owner or operator of a municipal separate storm sewer system listed under s. NR 216.02 (3) was required to apply for permit coverage by March 10, 2003. Notice of intent forms may be obtained from the department by writing to the Department of Natural Resources, Storm Water Program — WT/2, PO Box 7921, Madison, WI 53707-7921 or by calling the storm water program at (608) 267-7694.
NR 216.03(2) (2)The owner or operator of a municipal separate storm sewer system identified as needing a permit under s. NR 216.02 shall submit a permit application to the department requesting to be covered by one of the following methods:
NR 216.03(2)(a) (a) Under a general permit.
NR 216.03(2)(b) (b) Under an individual permit by themselves or as a co-applicant.
NR 216.03(2)(c) (c) If the application for individual permit coverage includes one or more co-applicants, then all of the following apply:
NR 216.03(2)(c)1. 1. All owners or operators of municipal separate storm sewer systems that are interested in obtaining coverage under the permit shall be listed.
NR 216.03(2)(c)2. 2. The expected benefits of having individual permit coverage shall be described in the application.
NR 216.03(2)(d) (d) One application may be submitted by multiple owners or operators of municipal separate storm sewer systems when requesting to be covered as co-applicants under an individual permit.
NR 216.03 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.04 NR 216.04Issuance of permits. The department shall determine whether a general permit or an individual permit will be used to authorize coverage for each applicant, group of co-applicants or regional authority. The department may exclude co-applicants from coverage under an individual permit, and instead issue a separate individual permit to an excluded co-applicant if coverage is necessary to ensure compliance with this subchapter.
NR 216.04 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.06 NR 216.06Application requirements. Municipalities subject to the requirements of this subchapter shall apply for a storm water discharge permit by submitting the necessary application information to the department. The municipal storm water discharge permit application shall include all of the following:
Loading...
Loading...
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.