NR 216.005 Note
Note:
Pursuant to the requirements to maintain the long-term storm water management practices in accordance with ss.
NR 151.12 to
151.128 and
151.24 to
151.249, the department may take enforcement action under this section and s.
281.98, Stats., against a land owner for not maintaining long-term storm water management practices.
NR 216.005 History
History: CR 03-028: cr.
Register July 2004 No. 583, eff. 8-1-04.
NR 216.006
NR 216.006 Electronic reporting of information. NR 216.006(1)(1)
The department shall provide an electronic reporting system to receive information from WPDES permit applicants and WPDES permittees as required in subchs.
I to
III. The electronic reporting system shall comply with s.
Adm 12.05 and include electronically fillable forms developed by the department.
NR 216.006(2)
(2) Persons applying for permit coverage under ss.
NR 216.03,
216.22, and
216.43 shall submit a notice of intent to discharge under a general WPDES permit or an application for coverage under a WPDES permit via the system created under sub.
(1) unless granted a waiver under sub.
(6) or
(7).
NR 216.006(4)
(4)
The department may require permittees to utilize the system created under sub.
(1) to submit documents and forms required under subchs.
I to
III as needed to comply with s.
283.43 (1) (b), Stats., unless granted a waiver under sub.
(6) or
(7).
NR 216.006(5)
(5) The department may include terms and conditions in WPDES permits issued under this chapter to require permittees to utilize the system created under sub.
(1) to submit documents and forms required by the permit to the department as needed to comply with s.
283.43 (1) (b), Stats., unless granted a waiver under sub.
(6) or
(7).
NR 216.006(6)
(6) The department may establish an episodic waiver from electronic reporting requirements for an owner, operator, or authorized representative of the regulated facility or entity in an area affected by a large-scale emergency, natural disaster, or during electronic reporting system outages lasting more than 96 hours. The department shall notify eligible parties and identify a period of up to 60 days for which the episodic waiver is in effect. The notification shall also identify whether delayed electronic submittals are allowed, if paper submittals are required, and a mailing address for paper submittals to be sent, if applicable.
NR 216.006(7)
(7) Any owner, operator, or authorized representative of the regulated facility or entity required to submit information electronically under subs.
(2) to
(5) may apply for a temporary or permanent waiver from electronic reporting through the following process:
NR 216.006(7)(a)
(a) To apply for an electronic reporting waiver, the owner, operator, or authorized representative of the regulated facility or entity shall submit all of the following information in writing via certified or registered mail to the department of natural resources storm water program at WT/3, PO Box 7921, Madison, WI 53707-7921:
NR 216.006(7)(a)3.
3. WPDES permit number, if applicable or the type of submittal the applicant is requesting a waiver for.
NR 216.006(7)(b)
(b) Within 14 business days of receipt of a complete request for a waiver, the department shall determine whether to grant a temporary or permanent waiver and provide notice of the determination to the owner, operator, or authorized representative submitting the waiver request. If the waiver is granted, the department's notice shall include all applicable forms, identify the mailing address for the submission of the information under subs.
(2) to
(4) and identify which submittals shall be sent via registered or certified mail. In determining whether to grant the waiver, the department shall consider all of the following:
NR 216.006(7)(b)1.
1. For temporary waivers effective for up to 5 years, whether mandatory electronic reporting is technically infeasible due to lack of sufficient broadband availability or will otherwise be unduly burdensome or costly.
NR 216.006(7)(b)2.
2. For permanent waivers, whether mandatory electronic reporting is an infringement of religious practices, such as for a facility owned or operated by members of religious communities that choose not to use computers, electricity, or internet services.
NR 216.006 History
History: CR 21-027: cr. Register March 2022 No. 795, eff. 4-1-22; correction in (2) made under s. 35.17, Stats., Register March 2022 No. 795.
NR 216.007
NR 216.007 Water quality standards. The department, in individual and general WPDES permits issued under subchs.
I to
III, shall specify the terms and conditions under which storm water may be discharged to waters of the state for the purpose of achieving and implementing water quality standards contained in chs.
NR 102 to
105,
140, and
207. The department, in individual and general permits issued under subchs.
I to
III, shall include an expression of the applicable wasteload allocation consistent with the assumptions and requirements laid out in the TMDL.
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:
