NR 216.007 History
History: CR 21-027: cr. Register March 2022 No. 795, eff. 4-1-22.
NR 216.01
NR 216.01 Purpose. 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 216.02 Permit 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 216.023
NR 216.023 Urbanized 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 216.024 Non-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)(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)(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 216.025 Designation 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(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 216.026 Petition 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 216.03 Application 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 under sub.
(2) for coverage under a WPDES permit under this subchapter 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 as specified under s.
NR 216.006.
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. Applications for coverage under a general permit shall be submitted in accordance with s.
NR 216.031.
NR 216.03(2)(b)
(b) Under an individual permit by themselves or as a co-applicant. Applications for coverage under an individual permit shall be submitted in accordance with s.
NR 216.032.
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;
CR 21-027: am. (1), (2) (a), (b) Register March 2022 No. 795, eff. 4-1-22.
NR 216.031
NR 216.031 General permit application requirements. Municipalities subject to the requirements of this subchapter seeking coverage under a general permit shall submit an application for permit coverage to the department. The contents of the application shall be specified in the general permit, shall require the submission of information necessary to demonstrate adequate program implementation, and at a minimum shall include all of the following:
NR 216.031(1)(a)(a) The legal name, address, and telephone number of the municipal owner or operator, and additional contact persons.
NR 216.031(1)(e)
(e) Any additional relevant information that the department requests.
NR 216.031(2)
(2)
Minimum control measure information. Descriptions of how the applicant intends to comply with all of the following permit requirements:
NR 216.031(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 216.031(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 216.031(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 216.031(3)
(3)
Storm sewer system map. A street map showing corporate boundaries, U.S. census urbanized area boundaries, and limits of any sanitary sewer service area.
NR 216.031(4)
(4)
Other requirements. A list of MS4 discharges to an outstanding resource water, exceptional resource water, impaired waters, and discharges of a pollutant of concern covered by a US EPA-approved TMDL. A description of the current control measures being implemented to meet applicable requirements for those discharges pursuant s.
NR 216.07 (10).
NR 216.031 History
History: CR 21-027: NR 216.031 (intro.) renum. from NR 216.06 (intro.) and am., r. (1) (intro.), cr. (1) (a) to (e), NR 216.031 (2), (3) renum. from NR 216.06 (2), (3) and, as renumbered, am. (2) (intro.), (3), cr. (4) Register March 2022 No. 795, eff. 4-1-22. NR 216.032
NR 216.032 Individual permit application requirements. Municipalities subject to the requirements of this subchapter seeking coverage under a storm water discharge individual permit shall apply by submitting the necessary application information to the department. The individual permit application shall include all of the following:
NR 216.032(2)
(2) The best management practices that the municipality proposes to implement for each of the programs described in s.
NR 216.07 (1) to
(6).
NR 216.032(4)
(4) The proposed measurable goals for each of the BMPs including, as appropriate, the months and years in which the municipality proposes to undertake required actions, including interim milestones and the frequency of the action.
NR 216.032(5)
(5) The person or persons responsible for implementing or coordinating the storm water management program.
NR 216.032(6)
(6) An estimate of square mileage served by the municipality.
NR 216.032(8)
(8) Any additional relevant information that the department requests.
NR 216.032 History
History: CR 21-027: cr. Register March 2022 No. 795, eff. 4-1-22; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register March 2022 No. 795.
NR 216.04(1)(1)
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(2)
(2) For each applicant or permittee subject to a US EPA-approved TMDL, the department shall include in the permit an expression of the wasteload allocation, or may derive a percent reduction for the pollutant of concern, consistent with the wasteload allocation and assumptions contained in the US EPA-approved TMDL that is designed to achieve water quality standards. If applicable, the TMDL-based percent reduction for TSS shall be included in a permit in addition to the requirements under s.
NR 151.13 (2) (b).
NR 216.04(3)
(3) For each applicant or permittee discharging to an impaired water for which a TMDL is under development at the time of permit issuance, the department may include in the permit a requirement to begin development of a TMDL implementation plan once the TMDL is approved. Implementation will not be required until the permit term following TMDL approval.
NR 216.04 History
History: CR 03-028: cr.
Register July 2004 No. 583, eff. 8-1-04;
CR 21-027: renum. to (1), cr. (2), (3) Register March 2022 No. 795, eff. 4-1-22.
