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:
NR 216.06(1) (1) General information. The applicant's name, address, telephone number of contact person and status as a government entity.
NR 216.06(2) (2) Minimum control measure information. Descriptions of the minimum control measures that the applicant intends to implement to comply with all of the following permit requirements:
NR 216.06(2)(a) (a) Public education and outreach. A public education and outreach program pursuant s. NR 216.07 (1).
NR 216.06(2)(b) (b) Public involvement and participation. A public involvement and participation program pursuant to s. NR 216.07 (2).
NR 216.06(2)(c) (c) Illicit discharge detection and elimination. An illicit discharge detection and elimination program pursuant to s. NR 216.07 (3), including a list of existing legal authorities to enforce this program.
NR 216.06(2)(d) (d) Construction site pollution control. A program to reduce pollutants in runoff from construction sites pursuant to s. NR 216.07 (4).
NR 216.06(2)(e) (e) Post-construction site storm water management. A program to reduce pollutants in runoff from new development and redevelopment sites after construction pursuant to s. NR 216.07 (5).
NR 216.06(2)(f) (f) Pollution prevention. A pollution prevention program for municipal operation and maintenance areas pursuant to s. NR 216.07 (6) (a).
NR 216.06(3) (3) Storm sewer system map. A description of a municipal separate storm sewer system map that the applicant intends to use to comply with s. NR 216.07 (7).
NR 216.06 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.065 NR 216.065Permittee responsibility and permit conditions.
NR 216.065(1)(1)Co-permittees. For a group of co-permittees, a single co-permittee is responsible only for permit conditions relating to discharges from the municipal separate storm sewer systems for which it is the owner or operator.
NR 216.065(2) (2) Conditions. Permits may specify different conditions for different discharges covered by a permit, including distinctive management programs for different storm water drainage areas.
NR 216.065 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.07 NR 216.07Permit requirements. The department shall issue permits using the information provided by the applicant and other pertinent information when developing permit conditions. Permits shall, at a minimum, require all of the following:
NR 216.07(1) (1) Public education and outreach.
NR 216.07(1)(a)(a) A public education and outreach program to distribute materials to the public or conduct equivalent public outreach to increase awareness of storm water impacts on waters of the state. The program shall at a minimum be designed to achieve all of the following:
NR 216.07(1)(a)1. 1. Promote detection and elimination of illicit discharges or water quality impacts associated with discharges from municipal separate storm sewer systems.
NR 216.07(1)(a)2. 2. Inform and educate the public to facilitate the proper management of materials and encourage the public to change their behavior that may cause storm water pollution from sources including automobiles, pets, household hazardous waste and household practices.
NR 216.07(1)(a)3. 3. Promote beneficial onsite reuse of leaves and grass clippings and proper use of lawn and garden fertilizers and pesticides.
NR 216.07(1)(a)4. 4. Promote the management of stream banks and shorelines by riparian landowners to minimize erosion, and restore and enhance the ecological values of the waterway.
NR 216.07(1)(a)5. 5. Promote infiltration of residential storm water runoff from rooftop downspouts, driveways and sidewalks.
NR 216.07(1)(b) (b) A program that includes elements to achieve all of the following:
NR 216.07(1)(b)1. 1. Inform and educate those responsible for the design, installation or maintenance of construction site erosion control and storm water management practices on how to design, install and maintain the practices.
NR 216.07(1)(b)2. 2. Target businesses and activities that may pose a storm water contamination concern, and where appropriate, educate specific audiences such as lawn care companies and restaurants on methods of storm water pollution prevention.
NR 216.07(1)(b)3. 3. Promote environmentally sensitive land development designs by developers and designers.
NR 216.07 Note Note: The public education and outreach program should be tailored, using a mix of locally appropriate strategies to educate the general public and target specific audiences likely to have significant storm water impacts.
NR 216.07(2) (2) Public involvement and participation. A program to notify the public of activities required by the municipal storm water discharge permit required under this subchapter and to encourage input and participation from the public regarding these activities. The implementation of this program shall comply with all applicable state and local public notice requirements.
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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.