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.
NR 216.07(8)(b) (b) A summary of activities to comply with sub. (6).
NR 216.07(8)(c) (c) A fiscal analysis which includes the annual expenditures and budget for the reporting year, and the budget for the next year.
NR 216.07(8)(d) (d) A summary of the number and nature of enforcement actions, and inspections conducted to comply with the required legal authorities.
NR 216.07(8)(e) (e) Identification of water quality improvements or degradation.
NR 216.07 Note Note: As authorized under s. NR 205.07 (1) (L), the department requests other relevant information in the annual report to determine the MS4 permittee's compliance with a permit issued under this subchapter, such as any reliance on another entity to satisfy some permit requirements, proposed changes to the storm water management program, and an evaluation of the storm water management program.
NR 216.07(9) (9) Schedule of compliance. A compliance schedule for the permittee to fully develop, implement and enforce the requirements of this subchapter within 5 years after initial permit coverage is granted.
NR 216.07 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; correction in (6) (a) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register January 2020 No. 769.
NR 216.08 NR 216.08Permit fees. A storm water discharge permit fee shall be paid annually by each permittee under this subchapter, and by each permittee whose WPDES permit incorporates storm water management requirements under this subchapter. Permit fees are due by June 30th each year. The fees shall be assessed according to the following schedule:
NR 216.08(1) (1)For city or village owned or operated municipal separate storm sewer systems, an annual permit fee shall be based on the total municipal population as reported by the latest U.S. bureau of the census decennial census. The population residing within an area served by a combined sewer outfall may not be included in determining the total municipal population for purposes of establishing the annual permit fee. For town owned or operated municipal separate storm sewer systems, an annual permit fee shall be based on the population within the urbanized area as defined by the U.S. census bureau. The annual permit fees are listed in Table 1. - See PDF for table PDF
NR 216.08(2) (2)For any other owner or operator of a municipal separate storm sewer system including county, state and federal systems, the fee shall be $500.
NR 216.08 Note Note: The annual permit fee is the same regardless of whether the municipal separate storm sewer system is covered under a general permit or an individual permit alone or with co-permittees. Municipal permit fees were established in order to administer the municipal permit program pursuant to s. 283.33 (9) (b), Stats.
NR 216.08 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.09 NR 216.09Permit reissuance. In order to remain covered after the expiration date of a permit issued pursuant to this subchapter, a permittee shall reapply to the department at least 180 days prior to the expiration date of the permit for continued coverage under a reissued permit. If the permit is not reissued by the time the existing permit expires, the existing permit remains in effect. To reapply for permit coverage, a permittee shall send a letter to the department that includes proposed changes to the storm sewer system map, storm water management program and any other relevant change.
NR 216.09 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
subch. II of ch. NR 216 Subchapter II — Industrial Storm Water Discharge Permits
NR 216.20 NR 216.20Purpose. This subchapter establishes criteria for identifying industrial discharges that require a WPDES storm water permit, application requirements, permit requirements and permit fees, as required by s. 283.33, Stats.
NR 216.20 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.21 NR 216.21Applicability and exclusions.
NR 216.21(1)(1)Point sources. This subchapter applies to point sources which discharge storm water associated with industrial activity to the waters of the state, either directly or via a separate storm sewer system.
NR 216.21(2) (2) Categories. This subchapter applies to discharges originating from the industrial facilities belonging to categories identified in pars. (a) and (b).
NR 216.21(2)(a) (a) Tier 1 categories include all of the following:
NR 216.21(2)(a)1. 1. Heavy manufacturers defined by their primary Standard Industrial Classification (SIC) Code, which represents the primary income-producing activity at the facility, listed in Table 1: - See PDF for table PDF
NR 216.21 Note Note: Facilities in SIC Codes 2434, 2650-2659, 2670-2679, 2830-2839, 2850-2859, 2951, 3230-3239, 3271-3273 are included in s. NR 216.21(2)(b).
NR 216.21(2)(a)2. 2. Facilities involved in the recycling of materials such as metal scrap yards, battery reclaimers, salvage yards and automobile junk yards, including those classified in SIC Codes 5015 and 5093.
NR 216.21(2)(a)3. 3. Facilities with bulk storage piles for coal, metallic and non-metallic minerals and ores, and scrap not otherwise covered under this subchapter, such as those associated with freight transportation, SIC Code 4400-4499, and wholesale trade, SIC Code 5052.
NR 216.21(2)(b) (b) Tier 2 categories include all of the following:
NR 216.21(2)(b)1. 1. Manufacturing facilities defined by Table 2, not including their access roads and rail lines: - See PDF for table PDF
NR 216.21 Note Note: Facilities in SIC Codes 3110-3119, 3441 and 3730-3739 are included in s. NR 216.21 (2) (a) 1.
NR 216.21(2)(b)2. 2. Transportation facilities defined by Table 3 that have vehicle maintenance shops, equipment cleaning operations or airport de-icing operations. This subchapter only applies to those portions of these facilities that are involved in vehicle maintenance including rehabilitation, mechanical repairs, painting, fueling, lubrication and associated parking areas, involved in cleaning operations or de-icing operations, or that are listed as source areas under s. NR 216.27 (3) (e): - See PDF for table PDF
NR 216.21 Note Note: Facilities in SIC Codes 4221, 4222 and 4225 are included in s. NR 216.21 (2) (b) 1.
NR 216.21(2)(b)3.a.a. Facilities defined by Table 4, including active and inactive mining operations and oil and gas exploration, production, processing or treatment operations or transmission facilities. This subchapter only applies where storm water runoff has come into contact with any overburden, raw material, intermediate product, finished product, by-product or waste material located on the site of the operations. - See PDF for table PDF
NR 216.21(2)(b)3.b. b. This subchapter does not apply to non-coal mining operations which have been released from applicable state or federal reclamation requirements after December 17, 1990; nor to coal mining operations released from the performance bond issued to the facility by the appropriate surface mining control and reclamation act authority under 30 USC 1201 et seq. and 16 USC 470 et seq. Production, processing or treatment operations or transmission facilities associated with oil and gas extraction are included only if there has been a discharge of storm water containing a quantity of a pollutant reportable pursuant to 40 CFR 110.64, 40 CFR 117.21 or 40 CFR 302.6, or if a storm water discharge contributed to a violation of a water quality standard.
NR 216.21(2)(b)4. 4. Facilities subject to storm water effluent limitation guidelines, new or existing source performance standards or toxic pollutant effluent standards under 33 USC 1251, 1311, 1314(b) and (c), 1316(b) and (c), 1317(b) and (c), 1326(c), except those facilities classified as a Tier 1 pursuant to sub. (2) (a).
NR 216.21(2)(b)5. 5. Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage, treatment, recycling and reclamation of municipal or domestic sewage, including lands dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of one million gallons per day or more, or required to have an approved pretreatment program. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with 33 USC 1345.
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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.