NR 151.128 Note
Note: In accordance with subch. V, the department has developed technical standards to help meet the post-construction performance standards. These technical standards are available from the department at dnr.wi.gov.
NR 151.128 History
History: CR 09-112: cr.
Register December 2010 No. 660, eff. 1-1-11.
NR 151.13
NR 151.13 Developed urban area performance standard for municipalities. NR 151.13(1)(a)(a)
Applicability. This subsection applies to any incorporated municipality with an average density of 1,000 people per square mile or greater, based on the latest decennial census made by the U.S. census, as well as any commercial and industrial areas contiguous to these areas.
NR 151.13 Note
Note: The municipality has primary responsibility for complying with this subsection. However, the public is expected to follow municipal ordinance requirements and requests to carry out activities such as: proper curbside placement of leaves for collection, relocating vehicles for street sweeping, and utilizing proper disposal methods for oils and other chemicals.
NR 151.13(1)(b)
(b) Requirements. For areas identified under par.
(a), all of the following shall be implemented:
NR 151.13(1)(b)1.
1. A public information and education program, utilizing materials identified by the department, promoting beneficial on-site reuse of leaves and grass clippings and proper use of turf and garden fertilizers and pesticides, proper management of pet wastes, and prevention of dumping oil and other chemicals in storm sewers.
NR 151.13(1)(b)2.
2. A municipal program, as appropriate, for the management of leaf and grass clippings, including public education about this program.
NR 151.13(1)(b)3.
3. The application of turf and garden fertilizers on five acres or more of municipally controlled properties shall be done in accordance with a site specific nutrient application schedule based on appropriate soil tests. The nutrient application schedule shall be designed to maintain the optimal health of the turf or garden vegetation.
NR 151.13 Note
Note: In accordance with subch. V, the department has developed a technical standard to help meet the nutrient management performance standard. The technical standard is available from the department at dnr.wi.gov.
NR 151.13(1)(b)4.
4. Detection and elimination of illicit discharges to storm sewers.
NR 151.13(2)(a)
(a)
Applicability. This subsection applies to municipalities that are subject to the municipal storm water permit requirements of subch.
I of ch. NR 216.
NR 151.13(2)(b)
(b) Program. A municipality shall develop and implement a storm water management program, including the adoption and administration of any necessary ordinance, to meet the following requirements:
NR 151.13(2)(b)1.
1. `Stage 1 requirements.' The municipalities identified under par.
(a) shall implement all of the following within 2 years of receiving permit coverage under subch.
I of ch. NR 216:
NR 151.13(2)(b)1.b.
b. A 20 percent reduction in total suspended solids, or to the maximum extent practicable, as compared to no controls, for runoff from existing development that enters waters of the state.
NR 151.13(2)(b)5.
5. `Model requirements.' Evidence of meeting the performance standard of
subd. 2. shall be based on the use of a model or an equivalent methodology approved by the department. Acceptable models and model versions include SLAMM version 9.2 and P8 version 3.4 or subsequent versions of those models. Earlier versions of SLAMM are acceptable when the municipality is not taking any credit for street cleaning.
NR 151.13 Note
Note: Information on how to access SLAMM and P8 and the relevant parameter files are available by contacting the department's storm water management program at dnr.wi.gov.
NR 151.13(2)(c)
(c) Location. To comply with the standards required under this subsection, BMPs may be located on-site or off-site as part of a regional storm water device, practice or system, but shall be installed in accordance with s.
NR 151.003.
NR 151.13(2)(e)
(e) Calculation of reduction. The department shall recognize total suspended solids reduction not otherwise accounted for in computer models for the implementation of programs, ordinances and other institutional controls that result in scientifically supported reductions of total suspended solids and are developed as a technical standard under s.
NR 151.31.
NR 151.14
NR 151.14 Turf and garden nutrient management performance standard. NR 151.14(1)(1)
Applicability. This section applies when all of the following conditions are met:
NR 151.14(1)(b)
(b) Nutrients are applied to over 5 acres of turf or garden.
NR 151.14(1)(d)
(d) The property is not an agricultural facility or practice.
NR 151.14(2)
(2) Responsible party. The landowner is the responsible party and shall comply with this section.
NR 151.14(3)
(3) Requirements. The application of turf and garden fertilizers on these properties shall be done in accordance with site-specific nutrient application schedules based on appropriate soil tests. The nutrient application schedule shall be designed to maintain the optimal health of the turf or garden vegetation.
NR 151.14 Note
Note: In accordance with subch. V, the department has developed a technical standard to help meet the nutrient management performance standard. The technical standard is available from the department at dnr.wi.gov.
NR 151.15
NR 151.15 Implementation and enforcement. NR 151.15(1)(1)
Implementation. This subchapter shall be implemented as follows:
NR 151.15 Note
Note: The department may develop and revise available model ordinances to reflect the applicability and performance standards in ss.
NR 151.11,
151.12, and
151.121 to
151.128. These model ordinances are in ch.
NR 152. Municipalities are encouraged to adopt the requirements of ss.
NR 151.11,
151.12, and
151.121 to
151.128, into local ordinances. Incentives are included in the grant programs identified in chs.
NR 153 and
155, for municipalities that adopt the performance standards into their ordinances, provide an information and education program, and track and report their enforcement activity.
NR 151.15(2)
(2) Enforcement. The department shall enforce this subchapter under s.
281.98, Stats., except for those requirements that are implemented through ch.
NR 216, which shall be enforced under ss.
283.89 and
283.91, Stats.
NR 151.15 History
History: CR 00-027: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 09-112; am. (1), (2)
Register December 2010 No. 660, eff. 1-1-11; correction to numbering of (2) made under s.
13.92 (4) (b) 1., Stats.,
Register December 2010 No. 660.
NR 151.20
NR 151.20 Purpose and applicability. NR 151.20(1)(1)
This subchapter establishes performance standards, as authorized by s.
281.16 (2) (a), Stats., for transportation facilities that cause or may cause runoff pollution. These performance standards are intended to limit runoff pollution in order to achieve water quality standards. Design guidance and the process for developing technical standards to implement this subchapter are set forth in subch.
V.
NR 151.20(2)
(2) Transportation facilities that are directed and supervised by the department of transportation and that are regulated by an administrative rule administered by the department of transportation, where the department determines in writing that the rule meets or exceeds the performance standards of this subchapter and is implemented in accordance with the administrative rule provisions, shall be deemed to meet the requirements of the portions of this subchapter determined by the department.
NR 151.20(3)
(3) In s.
NR 151.23, soil loss is calculated using the appropriate rainfall or runoff factor, also referred to as the R factor, or an equivalent design storm using a type II distribution, with consideration given to the geographic location of the site and the period of disturbance.
NR 151.20 Note
Note: The universal soil loss equation and its successors, revised universal soil loss equation and revised universal soil loss equation 2, utilize an R factor which has been developed to estimate soil erosion, averaged over extended time periods. The R factor can be modified to estimate monthly and single-storm erosion.
NR 151.21
NR 151.21 Definitions. In this subchapter:
NR 151.21(1m)
(1m) “Average annual rainfall" means a typical calendar year of precipitation as determined by the department for users of models such as SLAMM, P8, or equivalent methodology. The average annual rainfall is chosen from a department publication for the location closest to the municipality.
NR 151.21 Note
Note: Information on how to access SLAMM and P8 and the average annual rainfall files for five locations in the state, as published periodically by the department, is available by contacting the storm water management program at dnr.wi.gov.
NR 151.21(2)
(2) “Borrow site" means an area outside of a project site from which stone, soil, sand or gravel is excavated for use at the project site, except the term does not include commercial pits.
NR 151.21(4)
(4) “Material disposal site" means an area outside of a project site, which is used, for the lawful disposal of surplus materials or materials unsuitable for use within the project site that is under the direct control of the contractor. A municipally owned landfill or private landfill that is not managed by the contractor is excluded from this definition.
NR 151.21(5)
(5) “Minor reconstruction" means either of the following:
NR 151.21(5)(a)
(a) For transportation facility construction sites where, before January 1, 2011, a bid was advertised, a construction contract was signed and no bid was advertised, or a notice of intent was received by the department in accordance with subch.
III of ch. NR 216, reconstruction that is limited to 1.5 miles in continuous or aggregate total length of realignment and that does not exceed 100 feet in width of roadbed widening.
NR 151.21(5)(b)
(b) For transportation facility construction sites where, on or after January 1, 2011, a bid is advertised, a construction contract signed where no bid is advertised or a notice of intent was received by the department in accordance with subch.
III of ch. NR 216, reconstruction that is limited to 1.5 miles in continuous or aggregate total length of realignment and that does not exceed 100 feet in width of roadbed widening, and that does not include replacement of a vegetated drainage system with a non-vegetated drainage system except where necessary to convey runoff under a highway or private road or driveway.
NR 151.21(6)
(6) “Prime contractor" means a person authorized or awarded a contract to perform, directly or using subcontractors, all the work of a project directed and supervised by the transportation facility authority.
NR 151.21(9)
(9) “Public mass transit facility" means any area of land or water which is used, or intended for use, by bus or light rail, and any appurtenant areas which are used, or intended for use, by bus or light rail, including buildings or other facilities or rights-of-way, either publicly or privately owned, that provide the public with general or special service on a regular and continuing basis.
NR 151.21(10)
(10) “Public trail" means a “state ice age trail area" designated under s.
23.17 (2), Stats., a state trail under s.
23.175 (2) (a), Stats., an “all-terrain vehicle trail" under s.
23.33 (1) (d), Stats., an “off-the-road motorcycle trail" under s.
23.33 (9) (b) 4., Stats., a “recreational trail" under s.
30.40 (12m), Stats., a “walkway" under s.
30.40 (22), Stats., a state trail under s.
84.06 (11), Stats., a “bikeway" under s.
84.60 (1) (a), Stats., a “snowmobile trail" under s.
350.01 (17), Stats., a “public snowmobile corridor" under s.
350.12 (3j) (a) 1., Stats., or any other trail open to the public as a matter of right.
NR 151.21(11)
(11) “Railroad" means any area of land or water which is used, or intended for use, in operating a railroad as defined in s.
85.01 (5), Stats., and any appurtenant areas which are used, or intended for use, for railroad buildings or other railroad facilities or rights-of-way, together with all railroad buildings and facilities located thereon.
NR 151.21(15)
(15) “Transportation facility authority"
means any person or entity that is authorized to approve work on a transportation facility by contract, permit or with its own forces or by force account. A permit or approval granted by the department pursuant to ch.
283, Stats., does not qualify as authorization needed to meet this definition.
NR 151.21 History
History: CR 00-027: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 09-112: r. (1), cr. (1m), am. (5), (8)
Register December 2010 No. 660, eff. 1-1-11.
NR 151.22(1)(a)
(a) The transportation facility authority shall develop a design plan to meet the performance standards of this subchapter for land disturbing construction activity at the transportation facility construction site.
NR 151.22(1)(b)
(b) The transportation facility authority, in consultation with the department, shall approve the implementation plan submitted under sub.
(2) (a). The transportation facility authority shall incorporate the implementation plan into the contract for project construction.
NR 151.22(1)(c)
(c) The transportation facility authority shall administer and enforce the implementation plan submitted by the prime contractor under sub.
(2) (a) under the contract for project construction. The transportation facility authority shall ensure that the prime contractor follows and maintains the implementation plan under par.
(b). If the prime contractor does not follow the implementation plan incorporated into the contract for project construction, the transportation facility authority shall control erosion and sediment at the construction site consistent with the design plan prepared under par.
(a) or implementation plan prepared under sub.
(2) (a).
NR 151.22(1)(d)
(d) Before accepting the completed project, the transportation facility authority shall verify in writing that the prime contractor has satisfactorily completed the implementation plan pursuant to sub.
(2) (b). The transportation authority shall submit the written verification to the prime contractor and to the authority in charge of maintenance of the transportation facility. Upon written verification by the transportation facility authority under this paragraph, the prime contractor is released from the responsibility under this subchapter, except for any responsibility for defective work or materials, damages by its own operations, or as may be otherwise required in the project construction contract.
NR 151.22(2)(a)
(a) The prime contractor shall develop and submit to the transportation facility authority an implementation plan that identifies applicable BMPs and contains a schedule for implementing the BMPs in accordance with design plan to meet the performance standards under sub.
(1) (a). The implementation plan shall identify an array of BMPs that may be employed to meet the performance standards. The implementation plan shall also address the design and implementation of BMPs required in ss.
NR 151.23 and
151.24 for land disturbing construction activity within borrow sites and material disposal sites that are related to the construction project.
NR 151.22(2)(b)
(b) The prime contractor shall implement the implementation plan as required by the contract for project construction prepared pursuant to sub.
(1) (b).
NR 151.22(2)(c)
(c) A transportation authority that carries out the construction activity with its own employees and resources shall comply with the prime contractor requirements contained in this subsection, including preparing and carrying out an implementation plan.
NR 151.22(3)
(3) Single plan. For transportation projects that are not administered under ch.
Trans 401, the requirements of this subchapter may be developed under one plan instead of 2 separate plans as described under subs.
(1) (a) and
(2) (a). A plan created under this subsection shall contain both the design components required under sub.
(1) (a) and the implementation components required under sub.
(2) (a).
NR 151.22 Note
Note: This single plan may be the erosion control plan specified in s.
NR 216.46.
NR 151.22(4)
(4) Maintenance authority. Upon execution of the written verification prepared under sub.
(1) (d) by the transportation facility authority, the authority in charge of maintenance of the transportation facility shall maintain the BMPs to meet the performance standards of this subchapter. However, BMPs no longer necessary for erosion and sediment control shall be removed by the maintenance authority.
NR 151.225
NR 151.225 Construction site performance standard for non-permitted sites and routine maintenance. NR 151.225(1)(1)
Applicability. This section applies to any transportation facility construction site that consists of land disturbing construction activity for any of the following:
NR 151.225(1)(a)
(a) Transportation facility construction sites of less than one acre.
NR 151.225(1)(b)
(b) Routine maintenance if performed for storm water conveyance system cleaning for sites that consist of less than 5 acres.
