NR 216.10(1)(1) Purpose. The purpose of this section is to promote efficient and integrated implementation and oversight of the state and municipal construction site erosion control and storm water management requirements. A municipality covered under a permit issued under this subchapter with an authorized local program approved by the department shall review erosion and sediment control plans and post-construction storm water management plans to assure compliance with both local and state construction site erosion control and storm water management requirements. Authorized local programs shall streamline the review process for landowners and operators regulated by a municipal permittee under this subchapter and by the department under subch. III. Notwithstanding an approval of an authorized local program, the department retains its authority to conduct site inspections and take enforcement against individual landowners and operators for violations of subch. III. NR 216.10(2)(2) Voluntary participation. Any municipality subject to a permit issued under this subchapter may apply to the department for approval of an authorized local program applicable to sites within the area covered by the municipality’s erosion and sediment control and post-construction storm water ordinances. NR 216.10(3)(3) Authorized local program application and approval process. NR 216.10(3)(a)(a) A municipality seeking approval from the department for an authorized local program shall submit an application on forms available from the department. Applications shall be submitted by October 1 of the year prior to anticipated operation of an authorized local program. NR 216.10(3)(b)(b) The department shall review the application and any other relevant information and determine whether to authorize the local program. The department shall base its decision on the applicant’s ability to meet the requirements in subs. (5) and (6). The department shall notify the applicant in writing of its decision. If the application is denied, the department shall identify the reasons for denial. NR 216.10(3)(c)(c) Department authorization of a local program shall remain effective until termination or discontinuation under sub. (10). NR 216.10(4)(4) Coverage under state permit. A permittee or landowner of a construction site that is regulated by an authorized local program under this section and is required to be covered under a department construction site storm water discharge permit issued under subch. III shall comply with the requirements of the department’s permit. If the site does not meet the applicability criteria of the state construction site storm water discharge general permit, the provisions of s. NR 216.51 (5) shall apply. If coverage under the state general permit is revoked by the department, the provisions of s. NR 216.51 (4) and (5) shall apply. The department may enforce against the landowner of a construction site for violation of the permit. NR 216.10(5)(a)(a) The municipality shall have the legal authority and resources to implement and enforce the requirements of subch. III. NR 216.10(5)(b)(b) The municipality shall adopt, implement and enforce an ordinance with erosion control and storm water management requirements that comply with the requirements of subchs. III and IV of ch. NR 151. NR 216.10(5)(c)(c) The municipality shall implement a program to inform the public that it has an authorized local program under which landowners are to submit a notice of intent to discharge and erosion control and storm water management plans via the municipality. NR 216.10(5)(d)(d) The program requirements in this subsection and subs. (6) to (8) may be provided through municipal staff, intergovernmental agreements or use of professional service contracts. NR 216.10(5)(e)(e) An authorized local program under this subsection shall include procedures to satisfy local and department NOI requirements under sub. (6). These procedures shall include transmittal of permit NOI materials to the department and acknowledgement of receipt by the department prior to notifying the landowner that permit coverage has been conveyed to the landowner by both entities. NR 216.10(5)(f)(f) The municipality shall review all erosion and sediment control plans and post-construction storm water management plans to assure compliance with both local and state construction site erosion control and storm water management requirements. NR 216.10(5)(g)(g) The authorized local program shall have procedures for notifying the department of non-compliance with provisions in subch. III which are not corrected by the permittee within 14 days. NR 216.10(6)(6) Notice of intent. For construction sites regulated under this section, all of the following apply: NR 216.10(6)(a)(a) The landowners of a construction site that is regulated by an authorized local program shall submit to the authorized local program a notice of intent using either the department’s forms or an equivalent department and municipal joint application form to request municipal erosion control and storm water management approval. An equivalent department and municipal joint application form shall comply with the signature requirements under s. NR 216.43 (3). NR 216.10(6)(b)1.1. The 14-working day timeline for permit coverage authorization granted under s. NR 216.44 does not apply to construction sites regulated by an authorized local program under this section. NR 216.10(6)(b)2.2. The landowners who submit the notice of intent or equivalent department and municipal joint application under par. (a) shall submit the notice of intent to the municipality operating the authorized local program at least 30 calendar days prior to the anticipated commencement of any land disturbing construction activities. The municipality shall provide the application to the department 14 business days before the end of the 30-day period or before granting coverage, whichever occurs earlier. Unless notified to the contrary by the municipality or the department, a landowner who has submitted a notice of intent or equivalent application in accordance with this section is authorized to discharge storm water from a construction site under the terms and conditions of the department’s general construction site storm water discharge permit 30 calendar days after the date that the municipality operating the authorized local program receives the notice of intent or equivalent application. The municipality may grant coverage to a landowner in a period of less than 30 days. NR 216.10(7)(7) Site review. A municipality operating an authorized local program shall perform all of the following for notice of intent approval under this section: NR 216.10(7)(a)(a) Using information made available by the department, screen applications to identify projects that may be affected by any of the following: NR 216.10(7)(a)3.3. Rules pertaining to any historic property that is a listed property, on the inventory or on the list of locally designated historic places under s. 44.45, Stats. NR 216.10 NoteNote: Historic properties include archaeological sites, burial sites and historic structures. The municipality screens projects to help landowners identify conflicts with the requirements listed under par. (a), but it is the landowner’s responsibility to meet the requirements listed under par. (a) regardless of whether or not the authorized local program identifies concerns.
NR 216.10(7)(b)(b) Where the municipality identifies that a proposed construction site may be affected by requirements listed under par. (a), direct the landowner to the appropriate state agency to resolve concerns or obtain proper authorization as appropriate. NR 216.10 NoteNote: The construction site storm water discharge permit issued pursuant to subch. III expressly requires that the construction project be conducted in accordance with the requirements listed under par. (a).
NR 216.10(7)(c)(c) Review proposed projects for compliance with the municipality’s erosion control and storm water management ordinance. NR 216.10 NoteNote: Projects that require a permit under ch. 30, Stats., water quality certification, a wetland fill permit, or other permits and approvals for work within waterways or wetlands are not included in an authorized local program approved by the department and landowners must apply and obtain those permits and approvals from the appropriate department regulatory programs. NR 216.10(8)(a)(a) The municipality shall maintain records of notices of intent, inspections, and other relevant information necessary to administer an authorized local program. NR 216.10(8)(b)(b) The municipality shall submit a written annual report to the department by March 31 of each year, based on the activities undertaken during the previous calendar year of authorized local program operation. The annual report shall include the following: NR 216.10(8)(b)1.1. Name, address and phone number of person responsible for administering the municipality’s authorized local program. NR 216.10(8)(b)2.2. Construction project names and legal address of projects that have been approved under this section in the previous calendar year. NR 216.10(8)(b)3.3. The number of construction site inspections performed and a summary of enforcement actions taken. NR 216.10(8)(c)(c) The application fee payable by the landowner to the department under s. NR 216.43 (2) is waived for each landowner who applies to an authorized local program, and in lieu of these individual payments, the municipality shall submit an annual fee to the department. This fee shall be paid by March 31 based on the previous calendar year of operation as an authorized local program. The annual fee is $75.00 for each construction site that the municipality approves under this section during the previous calendar year but in no case less than $500 nor more than $3,500 in total. NR 216.10(9)(a)(a) The municipality shall provide the department with relevant information requested by the department to evaluate the municipality’s effectiveness in administering its authorized local program. NR 216.10(9)(b)(b) The municipality shall cooperate with the department in performing site inspections. NR 216.10(10)(a)(a) To voluntarily discontinue operation of an authorized local program, a municipality shall do all of the following: NR 216.10(10)(a)1.1. Notify the department by letter of program termination at least 30 days prior to discontinuation of an authorized local program and include reasons for termination. NR 216.10(10)(a)2.2. Inform landowners of construction sites and the public at least 30 days prior to discontinuation of an authorized local program. The notice shall include the effective date of program termination and the requirement to submit a notice of intent directly to the department for all projects requiring coverage under subch. III following that date. NR 216.10(10)(a)3.3. Send the department a copy of all pending construction site notices of intent and other relevant information. NR 216.10(10)(a)5.5. Provide the department with its shared notice of intent revenue for projects that the municipality granted coverage to over the past calendar year in accordance with sub. (8) (c). NR 216.10(10)(b)(b) The department shall notify a municipality of any deficiencies in complying with the authorized local program requirements of this section. The municipality shall be given a reasonable opportunity to correct deficiencies in complying with this section. If the municipality is unable to correct deficiencies or the department determines that the municipality has had continued occurrences of noncompliance with the requirements of this section, the department may terminate the authorization of a municipality’s local program. The department shall notify the municipality by letter at least 30 days prior to termination. NR 216.10 HistoryHistory: CR 21-027: NR 216.10 (1) to (5) renum. from NR 216.415 (1) to (5) and as renumbered, am. (1), (2), (3) (title), (b), (4), (5) (title), (a), (c), cr. (5) (e) to (g), NR 216.10 (6) (title), (intro.), (a), (b), (7) to (10) renum. from NR 216.415 (6) (title), (intro.), (b), (c), (7) to (10) and, as renumbered, am. (6) (title), (a), (b) 2., (7) (intro.), (8) (a), (b) (intro.), 2., 3., (10) (a) (intro.), 2., 3., 5. Register March 2022 No. 795, eff. 4-1-22; correction in (4), (8) (b) 2., (10) (a) 5. made under s. 35.17, Stats., Register March 2022 No. 795. NR 216.20NR 216.20 Purpose. 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 HistoryHistory: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04. NR 216.21NR 216.21 Applicability 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)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: NR 216.21 NoteNote: 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 NoteNote: 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): NR 216.21 NoteNote: 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. 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. NR 216.21(2)(b)6.6. Hazardous waste treatment, storage and disposal facilities, including those operating under a license under s. 291.25, Stats. NR 216.21(2)(b)7.7. Landfills, land application sites and open dumps that receive or have received any industrial waste from any of the facilities identified in this section, including those subject to regulation under subtitle D of the resource conservation and recovery act, 42 USC 6901 et seq., or ch. 289, Stats. For the purposes of this subdivision, “industrial waste” means a disposed material generated by any of the facilities identified in this section including construction and demolition waste from a construction site regulated under subch. III. The term does not include placement of recycled material used during construction. NR 216.21(2)(b)8.8. All steam electric power generating facilities, including coal handling sites but not including off-site transformer or electric substations. NR 216.21(2)(b)9.9. Facilities described in SIC code 2951 for asphalt paving mixes and block, and facilities described in SIC codes 3271, 3272 and 3273 for cement products. NR 216.21(2)(b)11.11. Discharges determined by the department to be significant contributors of pollutants to waters of the state. NR 216.21(3)(a)(a) Discharges composed entirely of storm water are not storm water discharges associated with industrial activity if there is no exposure of industrial materials and activities to storm water, and the discharger satisfies the conditions in pars. (b) to (e). “No exposure” means that all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to storm water. Industrial materials or activities include material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products or waste products. Material handling activities include the storage, loading and unloading, transportation or conveyance of any raw material, intermediate product, final product or waste product. NR 216.21(3)(b)(b) Qualification. To qualify for this exclusion, the operator of the discharge shall do all of the following: NR 216.21(3)(b)1.1. Provide a storm resistant shelter to protect industrial materials and activities from exposure to storm water. NR 216.21(3)(b)2.2. Complete and sign, in accordance with s. NR 216.22 (7), a certification that there are no discharges of storm water contaminated by exposure to industrial materials and activities from the entire facility, except as provided in par. (c). NR 216.21(3)(b)3.3. Submit an initial “no exposure” certification to the department at least 14 working days prior to the start of industrial operations on a form available from the department as specified under s. NR 216.006.
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