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.
NR 216.07(3) (3) Illicit discharge detection and elimination. A program to detect and remove illicit discharges and improper disposal of wastes into the municipal separate storm sewer system, or require the discharger to obtain a separate WPDES permit. The program shall include all of the following:
NR 216.07(3)(a) (a) To the extent authorized by law, measures to effectively prohibit, through ordinance or other regulatory mechanism, non-storm water discharges into the storm sewer system and implement appropriate enforcement procedures and actions.
NR 216.07(3)(b) (b) A strategy to address all types of illicit discharges. In addition, non-storm water discharges or flows such as landscape irrigation, diverted stream flows, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, fire fighting and discharges authorized under a WPDES permit shall be included in the strategy if identified by the municipality as significant sources of pollutants to waters of the state.
NR 216.07(3)(c) (c) Procedures to conduct on-going field screening activities during the term of the permit, including locations of storm sewers that will be evaluated.
NR 216.07(3)(d) (d) Procedures to be followed to investigate portions of the municipal separate storm sewer system that, based on the results of field screening or other information, indicate a reasonable potential for containing illicit discharges or other sources of non-storm water. Procedures may include sampling for the parameters listed within par. (i), testing with fluorometric dyes or conducting inspections inside storm sewers where safety and other considerations allow. The department shall be given advanced notice of the time and location of dye testing within an MS4.
NR 216.07 Note Note: The dye may be reported to the department by concerned citizens as an illicit discharge. Prior notification will prevent false alarms.
NR 216.07(3)(e) (e) Procedures to immediately investigate reports of illicit discharges to its MS4, including cooperation with the department, in order to locate and eliminate illicit discharges.
NR 216.07(3)(f) (f) Procedures for immediate notification of the department in accordance with ch. NR 706, of a spill or release of a hazardous substance, into or from an MS4.
NR 216.07 Note Note: The department shall be notified via the 24-hour toll-free spill hotline at 1-800-943-0003.
NR 216.07(3)(g) (g) Procedures to prevent, contain and respond to spills that may enter the municipal separate storm sewer system.
NR 216.07(3)(h) (h) Appropriate measures to eliminate any leakage or discharge from sanitary conveyance systems into municipal separate storm sewer systems.
NR 216.07(3)(i) (i) A field screening analysis for illicit connections and illicit discharges at all major outfalls, plus any additional selected field-screening points designated by the municipality or the department. At a minimum, a screening analysis shall include a narrative description of visual observations made during dry weather periods. If any flow is observed, field analysis shall be conducted to determine the presence of illicit discharges. All field analysis shall include a narrative description of the color, odor, turbidity, the presence of an oil sheen or surface scum, and a description of the flow rate as well as any other relevant observations regarding the potential presence of non-storm water discharges. In addition, the field analysis shall include sampling for pH, total chlorine, total copper, total phenol and detergents unless the permittee obtains concurrence from the department to perform alternative sampling that is more effective to detect illicit discharges such as with ammonia, potassium or bacteria. The field screening points shall be established using the following:
NR 216.07(3)(i)1. 1. Field screening points shall, where possible, be located downstream of any sources of suspected illegal or illicit activity.
NR 216.07(3)(i)2. 2. Field screening points shall be located where practicable at the farthest manhole or other accessible location downstream in the system. Safety of personnel and accessibility of the location shall be considered in making this determination.
NR 216.07(3)(i)3. 3. Consideration shall be given to hydrological conditions, total drainage area of the site, population density of the site, traffic density, age of the structures or buildings in the area, history of the area and land use types.
NR 216.07(4) (4) Construction site pollutant control. Except for construction sites that are exempted under s. NR 216.42 (2) to (11), a program to implement and maintain erosion and sediment control best management practices to reduce pollutants in storm water runoff from construction sites with one acre or more of land disturbance, and sites of less than one acre if they are part of a larger common plan of development or sale. This program shall encompass any adjacent developing areas that are planned to have a minimum density of 500 people per square mile, the urbanized area and developing areas whose runoff will connect to the MS4. The program shall include all of the following:
NR 216.07(4)(a) (a) The implementation and enforcement of a legal authority to comply with ss. NR 151.11 and 151.23, as well as sanctions to ensure compliance, to the extent authorized by law.
NR 216.07 Note Note: Section NR 151.11 applies to construction sites that are not transportation facilities and s. NR 151.23 applies to transportation facility construction sites.
NR 216.07(4)(b) (b) Procedures for site planning which incorporate consideration of potential water quality impacts.
NR 216.07(4)(c) (c) Requirements for erosion and sediment control best management practices.
NR 216.07(4)(d) (d) Procedures for identifying priorities for inspecting sites and enforcing control measures which consider the nature of the construction activity, topography, the characteristics of soil and receiving water quality.
NR 216.07(4)(e) (e) Requirements for construction site operators to manage waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site so as to minimize adverse impacts to water quality.
NR 216.07(4)(f) (f) Procedures for receipt and consideration of information submitted by the public.
NR 216.07(5) (5) Post-construction site storm water management. A program to develop, implement and enforce controls on discharges from new development and redevelopment projects that disturb one acre or more of land, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into the MS4. This program shall encompass any adjacent developing areas that are planned to have a minimum density of 500 people per square mile, the urbanized area and developing areas whose runoff will connect to the MS4. The program shall include all of the following:
NR 216.07(5)(a) (a) The implementation and enforcement of a legal authority to comply with ss. NR 151.12 and 151.24.
NR 216.07 Note Note: Section NR 151.12 applies to construction sites that are not transportation facilities and s. NR 151.24 applies to transportation facility construction sites.
NR 216.07(5)(b) (b) Procedures for site planning which incorporate consideration of potential water quality impacts.
NR 216.07(5)(c) (c) Requirements for source area control and regional best management practices.
NR 216.07(5)(d) (d) Procedures for inspecting and enforcing maintenance of best management practices.
NR 216.07(6) (6) Pollution prevention.
NR 216.07(6)(a)(a) A storm water management program and an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff. This program shall achieve compliance with the developed urban area performance standards of s. NR 151.13 (2) for those areas that were not subject to the post-construction performance standards of s. NR 151.12 or 151.24. The total suspended solids control requirements of s. NR 151.13 (2) (b) 1. b. and 2. may be achieved on a regional basis across an urban area or on an individual basis. The program shall include all of the following activities:
NR 216.07 Note Note: Section NR 151.13 (2) (b) 2. was repealed by CR 19-050 Register January 2020 No 769, eff. 2-1-20.
NR 216.07(6)(a)1. 1. Installation and maintenance of source area controls and regional best management practices.
NR 216.07(6)(a)2. 2. Roadway maintenance including street sweeping and de-icer management.
NR 216.07(6)(a)3. 3. If appropriate, collection and management of leaf and grass clippings.
NR 216.07(6)(a)4. 4. Management of municipal garages, storage areas and other municipal sources of pollution.
NR 216.07(6)(a)5. 5. Management of the application of lawn and garden fertilizers on municipally controlled properties in accordance with s. NR 151.13 (1) (b) 3.
NR 216.07(6)(a)6. 6. Inspection, surveillance and monitoring procedures necessary to determine compliance and noncompliance with permit conditions.
NR 216.07(6)(a)7. 7. Adequate legal authority to require compliance with conditions in ordinances, permits, contracts or orders.
NR 216.07(6)(b) (b) An assessment of the actions taken under this subsection shall be conducted. The assessment shall include a pollutant-loading analysis using a model such as SLAMM, P8 or equivalent methodology that is approved by the department. At a minimum, a pollutant-loading analysis shall be conducted for total suspended solids and phosphorus. The department may require other parameters on a case-by-case basis.
NR 216.07 Note Note: The department believes that computer modeling is the most efficient and cost effective method for calculating pollutant loads. Pollutant loading models such as SLAMM, P8 or equivalent methodology may be used to evaluate the efficiency of the design in reducing total suspended solids. Information on how to access SLAMM and P8 is available at http://dnr.wi.gov/topic/stormwater/standards/slamm.html or contact the storm water program in the bureau of watershed management at (608) 267-7694.
NR 216.07 Note Note: The pollutant-loading analysis may be limited to pollutants generated within the municipality.
NR 216.07(7) (7) Storm sewer system map. A sufficiently sized and detailed map with a scale suited for the level of detail depicting the following information:
NR 216.07(7)(a) (a) Identification and outline of the storm water drainage basins, the watersheds and municipal separate storm sewer systems. Other major municipal, government or privately owned storm water conveyance systems lying within, but not owned or operated by the permittee shall also be identified.
NR 216.07(7)(b) (b) A boundary defining the final urban storm water planning area and all municipal borders in the area.
NR 216.07(7)(c) (c) A list and location of all municipal storm sewer system outfalls discharging to waters of the state. Indicate the pipe size and identify those outfalls which are considered major outfalls.
NR 216.07(7)(d) (d) The location and permit number of any discharge to the municipal separate storm sewer system that has been issued a WPDES permit, or has filed a permit application with the department.
NR 216.07(7)(e) (e) The location of major structural controls for storm water discharges including retention basins, detention basins and major infiltration devices.
NR 216.07(7)(f) (f) Identification of publicly owned parks, recreational areas and other open lands.
NR 216.07(7)(g) (g) The location of publicly owned public works facilities.
NR 216.07(7)(h) (h) Other potential sources of pollutants.
NR 216.07(8) (8) Annual report. For the permittee's first permit term of 5 years, submission of an annual report to the department. After the term of the first permit, the department may reduce annual reporting frequency but annual reports shall be filed in the 2 nd and 4th years of the subsequent permit terms. The municipal governing body, interest groups and the general public shall be encouraged to review and comment on the annual report in accordance with sub. (2). The annual report shall include the following information:
NR 216.07(8)(a) (a) The status of implementing the permit requirements and compliance with permit schedules.
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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.