Chapter NR 216

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 Note Note: A list of outstanding resource waters and exceptional resource waters may be found on the department website at: https://dnr.wisconsin.gov/topic/SurfaceWater/orwerw.html. A list of Wisconsin impaired waterbodies is updated every two years and may be found on the department website at: https://dnr.wisconsin.gov/topic/SurfaceWater/ConditionLists.html. A list of Wisconsin US EPA approved TMDLs may be found on the department website at: https://dnr.wisconsin.gov/topic/TMDLs.

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(1) (1) The information listed in s. NR 216.031 (1).

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(3) (3) Information on any discharges to designated waters as described in s. NR 216.031 (4).

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(7) (7) A storm sewer map that satisfies the requirements of s. NR 216.07 (7).

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 NR 216.04 Issuance of permits.

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.

NR 216.065 NR 216.065 Permittee 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 216.07 Permit requirements. The department shall establish permit conditions to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to achieve and implement the water quality standards contained in chs. NR 102 to 105, 140, and 207. The department shall issue permits using the information provided by the applicant and other pertinent information when developing permit conditions. Permit conditions shall be expressed in clear, specific, and measurable terms. Permits shall, at a minimum, require development and implementation of written storm water management programs that address 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 using a variety of delivery mechanisms 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 to 151.128 and 151.24 to 151.249.

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 and meeting the requirements of sub. (10). The program shall include all of the following activities:

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. Permits may include requirements for de-icer usage tracking, equipment calibration, training, and de-icer reduction strategies.

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. Site-specific storm water pollution prevention plans shall be developed for sites with bulk storage piles, outdoor vehicle maintenance, fueling, outdoor material storage, uncovered dumpsters, composting, and other areas with discharges deemed by the department to be significant contributors of pollutants to waters of the state. Permits shall contain requirements for storm water pollution prevention plans that include the elements in s. NR 216.27 that are relevant to 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 https://dnr.wisconsin.gov/topic/Stormwater/standards/slamm.html or contact the storm water program in the bureau of watershed management at [phone].

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(7)(i) (i) If the permittee is subject to a US EPA-approved TMDL, boundaries of applicable watersheds associated with a TMDL wasteload allocation.

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 2nd and 4th years of the subsequent permit terms. Annual reports shall be submitted to the department using forms available from the department as specified under s. NR 216.006. 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.