Chapter NR 216

NR 216.25 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.

NR 216.27 NR 216.27 Storm water pollution prevention plan.

NR 216.27(1) (1) Applicability. Any person who owns or operates an industrial activity with a storm water discharge subject to the applicability requirements of s. NR 216.21 (2) that does not qualify for a no exposure certification under s. NR 216.21 (3) shall prepare and implement an SWPPP under this section.

NR 216.27(2) (2) Incorporation by reference. When plans are developed or activities conducted in accordance with other federal, state or local regulatory programs that meet the requirements of this section, the plans may be incorporated into the SWPPP by reference.

NR 216.27(3) (3) Plan requirements. The SWPPP shall contain, at a minimum, the following items and provisions:

NR 216.27(3)(a) (a) The SWPPP shall identify by job title the specific individual who has primary responsibility for all aspects of SWPPP development and implementation and identify any other individuals concerned with SWPPP development or implementation, and their respective roles. The specific individual who has primary responsibility shall develop, evaluate, maintain and revise the SWPPP; and carry out the specific management actions identified in the SWPPP, including: maintenance practices, monitoring activities, preparing and submitting reports and serving as facility contact for the department.

NR 216.27(3)(b) (b) The SWPPP shall contain a short summary of the major activities conducted at various locations throughout the facility.

NR 216.27(3)(c) (c) The SWPPP shall include a drainage base map depicting all of the following:

NR 216.27(3)(c)1. 1. How storm water drains on, through and from the facility to groundwater, surface water or wetlands.

NR 216.27(3)(c)2. 2. The facility property.

NR 216.27(3)(c)3. 3. A depiction of the storm drainage collection and disposal system including all surface and subsurface conveyances.

NR 216.27(3)(c)4. 4. Any secondary containment structures.

NR 216.27(3)(c)5. 5. The location of all outfalls that discharge channelized flow to surface water, ground water or wetlands, including outfalls recognized as permitted outfalls under another WPDES permit, numbered for reference.

NR 216.27(3)(c)6. 6. The drainage area boundary for each outfall.

NR 216.27(3)(c)7. 7. The surface area in acres draining to each outfall, including the percentage that is impervious such as paved, roofed or highly compacted soil, and the percentage that is pervious such as grassy areas and woods.

NR 216.27(3)(c)8. 8. Existing structural storm water controls.

NR 216.27(3)(c)9. 9. The name and location of receiving waters. Also identify receiving waters, including downstream waters, that are designated as ERW, ORW, or impaired waters.

NR 216.27 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 .

NR 216.27(3)(c)10. 10. The location of activities and materials that have the potential to contaminate storm water.

NR 216.27(3)(d) (d) The SWPPP shall summarize any results of available storm water sampling data or other observations that characterize the quality of storm water discharges or identifying sources of storm water contamination. Available data that characterizes the quality of storm drainage discharges under dry weather flow conditions shall also be included, except when the data has been or will be reported to the department under another WPDES permit.

NR 216.27(3)(e) (e) The SWPPP shall identify all potential source areas of storm water contamination including:

NR 216.27(3)(e)1. 1. Outdoor manufacturing areas.

NR 216.27(3)(e)2. 2. Rooftops contaminated by industrial activity.

NR 216.27(3)(e)3. 3. Industrial plant yards.

NR 216.27(3)(e)4. 4. Storage and maintenance areas for material handling equipment.

NR 216.27(3)(e)5. 5. Immediate access roads and rail lines.

NR 216.27(3)(e)6. 6. Material handling sites including storage, loading, unloading, transportation, or conveyance of any raw material, finished product, intermediate product and by-product or waste areas.

NR 216.27(3)(e)7. 7. Storage areas for raw materials, finished and intermediate products including tank farms.

NR 216.27(3)(e)8. 8. Disposal or application of wastewater.

NR 216.27(3)(e)9. 9. Areas containing residual pollutants from past industrial activity.

NR 216.27(3)(e)10. 10. Areas of significant soil erosion.

NR 216.27(3)(e)11. 11. Refuse sites.

NR 216.27(3)(e)12. 12. Vehicle maintenance and cleaning areas.

NR 216.27(3)(e)13. 13. Washing areas for equipment, vehicles, containers or other material.

NR 216.27(3)(e)14. 14. Shipping and receiving areas.

NR 216.27(3)(e)15. 15. Manufacturing buildings.

NR 216.27(3)(e)16. 16. Residual treatment, storage and disposal sites.

NR 216.27(3)(e)17. 17. Any other areas capable of contaminating storm water runoff.

NR 216.27(3)(f) (f) Specific pollutants likely to be present in storm water as a result of contact with source areas identified in par. (e) shall also be listed.

NR 216.27(3)(g) (g) The SWPPP shall identify all contaminated and uncontaminated sources of non-storm water discharges to the storm sewer system and indicate which are covered by WPDES permits. The SWPPP shall contain the results of the non-storm water discharge monitoring required by s. NR 216.28. If monitoring is not feasible due to the lack of suitable access to an appropriate monitoring location, the SWPPP shall include a statement that the monitoring could not be conducted and an explanation of the reasons why.

NR 216.27(3)(h) (h) The SWPPP shall rely to the maximum extent practicable, and to the extent it is cost effective, on the use of source area control best management practices that are designed to prevent storm water from becoming contaminated at the site. Source area control best management practices that are either proposed or in place at the facility shall be indicated on the facility drainage base map. The SWPPP shall provide for the use of the following applicable source area control best management practices:

NR 216.27(3)(h)1. 1. Practices to control significant soil erosion.

NR 216.27(3)(h)2. 2. Good housekeeping measures, preventive maintenance measures, visual inspections, spill prevention and response measures and employee training and awareness.

NR 216.27(3)(h)3. 3. Covering or enclosing salt storage piles so that neither precipitation nor storm water runoff can come into contact with the stored salt; or, for facilities that use brine and have salt storage piles on impervious curbed surfaces, a means of diverting contaminated storm water to a brine treatment system for process use.

NR 216.27(3)(h)4. 4. Use of a combination of precipitation control, containment, drainage controls or diversions to control section 313 water priority chemicals potentially discharged through the action of storm water runoff, leaching or wind.

NR 216.27(3)(i) (i) The SWPPP shall maintain best management practices necessary to maintain compliance with the performance standards in s. NR 151.12 for those areas that are described in s. NR 151.12 (2).

NR 216.27(3)(j) (j) The SWPPP shall identify pollutants that are likely to contaminate storm water discharges to waters of the state following implementation of source area control best management practices. Past sampling data collected at the facility or at sufficiently similar outfalls at other facilities may be used in making this determination. At a minimum, all of the following pollutants shall be considered for their potential to contaminate storm water:

NR 216.27(3)(j)1. 1. Any pollutant for which an effluent limitation is contained in any WPDES permit issued to the facility by the department.

NR 216.27(3)(j)2. 2. Any pollutant contained in a categorical effluent limitation or pre-treatment standard to which the facility is subject.

NR 216.27(3)(j)3. 3. Any section 313 water priority chemical for which the facility has reporting requirements and which has the potential for contaminating storm water.

NR 216.27(3)(j)4. 4. Any other toxic or hazardous pollutants from present or past activity at the site that remain in contact with precipitation or storm water and which could be discharged to the waters of the state and which are not regulated by another environmental program.

NR 216.27(3)(j)5. 5. Any of the following parameters that might be present in significant concentrations: oil and grease; acids or bases; total suspended solids; 5-day biological oxygen demand; chemical oxygen demand.

NR 216.27(3)(j)6. 6. Any pollutant identified as contributing to the impairment if the facility discharges to an impaired water.

NR 216.27(3)(k) (k) When source area control best management practices are not feasible, not cost effective or are inadequate to control storm water pollution, or when the department determines source area control best management practices are inadequate to achieve a water quality standard, the SWPPP shall prescribe appropriate storm water treatment practices as needed to reduce the pollutants in contaminated storm water prior to discharge to waters of the state. Proposed or existing storm water treatment practices shall be shown on the facility drainage basin map. The SWPPP shall provide for the following types of storm water treatment practices:

NR 216.27(3)(k)1. 1. Storm water significantly contaminated with petroleum products shall be treated for oil and grease removal by an adequately sized, designed and functioning wastewater treatment device. Coverage under an individual or general WPDES permit is required for discharges of storm water from oil/water treatment devices.

NR 216.27(3)(k)2. 2. Point source discharges of storm water contaminated by significant amounts of sediment from eroding areas, including bare earth industrial lots and ongoing industrial processes, shall be treated by filtration or settling type practices.

NR 216.27(3)(L) (L) The SWPPP shall include provisions for complying with the monitoring requirements specified in s. NR 216.28. The SWPPP shall include a checklist of inspections to be made during the annual facility site inspection described in s. NR 216.28 (2). The SWPPP shall also identify for each outfall the type of monitoring that will be conducted, such as non-storm water discharge monitoring; storm water discharge quality inspections; or chemical pollutant monitoring for facilities covered under a tier 1 permit. The following are requirements for facilities covered under a tier 1 permit:

NR 216.27(3)(L)1. 1. A list of chemical parameters proposed for testing at each outfall shall be included along with the analytic sample testing procedures from ch. NR 219 that will be used to determine pollutant concentrations.

NR 216.27(3)(L)2. 2. The list of chemical parameters shall include each of the residual pollutants identified in par. (j), or an explanation of why the pollutant should not be included in the chemical testing.

NR 216.27(3)(m) (m) The SWPPP shall include an implementation schedule that is consistent with the compliance schedule in the general storm water discharge permit.

NR 216.27(3)(n) (n) The SWPPP shall be signed in accordance with s. NR 216.22 (7) prior to submittal to the department.

NR 216.27(4) (4) Plan amendment. A permittee shall amend an SWPPP if any of the following circumstances occur:

NR 216.27(4)(a) (a) When expansion, production increases, process modifications, changes in material handling or storage or other activities are planned which will result in significant increases in the exposure of pollutants to storm water discharged either to waters of the state or to storm water treatment devices. The amendment shall contain a description of the new activities that contribute to the increased pollutant loading, planned source control activities that will be used to control pollutant loads, an estimate of the new or increased discharge of pollutants following treatment and, when appropriate, a description of the effect of the new or increased discharge on existing storm water treatment facilities.

NR 216.27(4)(b) (b) The facility finds through its comprehensive annual facility site compliance inspection, quarterly visual inspection of storm water quality, annual chemical storm water sampling or other means that the provisions of the SWPPP are ineffective in controlling storm water pollutants discharged to waters of the state.

NR 216.27(4)(c) (c) Upon written notice that the department finds the SWPPP to be ineffective in achieving the conditions of the storm water discharge permit applicable to the facility.

NR 216.27 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; CR 21-027: am. (1), (3) (c) 9., cr. (3) (j) 6. Register March 2022 No. 795, eff. 4-1-22; correction in (1) made under s. 35.17, Stats., Register March 2022 No. 795.

NR 216.28 NR 216.28 Monitoring requirements.

NR 216.28(1) (1) Non-storm water discharges. The permittee shall evaluate all outfalls for non-storm water discharges into the storm drainage system beginning in the first year of permit coverage. Evaluations shall take place during dry periods. The following are additional requirements for evaluating non-storm water discharges:

NR 216.28(1)(a) (a) Any monitoring shall be representative of non-storm water discharges from the facility.

NR 216.28(1)(b) (b) One of the following monitoring procedures shall be followed:

NR 216.28(1)(b)1. 1. End of pipe screening shall consist of visual observations made at least twice per year at each outfall of the storm sewer collection system. Observations shall be made at times when non-storm water discharges from the facility are considered most likely to occur. Instances of dry weather flow, stains, sludges, color, odor or other indications of a non-storm water discharge shall be recorded; or

NR 216.28(1)(b)2. 2. A detailed testing of the storm sewer collection system may be performed. Testing methods include dye testing, smoke testing or video camera observation. Should the permittee use detailed testing as an alternative, the department shall require a re-test after 5 years or a lesser period as deemed necessary by the department.

NR 216.28(1)(c) (c) All permitted facilities shall maintain the results of their non-storm water evaluations on site. Facilities shall report the results of the initial non-storm water evaluations to the department within the SWPPP summary form required pursuant to s. NR 216.29 (1) (e). Information reported shall include date of testing, test method, outfall location, testing results and potential significant sources of non-storm water discovered through testing.

NR 216.28 Note Note: The department storm water pollution prevention summary Form 3400-167 contains a table for recording the results of the non-storm water discharge evaluations.

NR 216.28(1)(d) (d) Any permittee unable to evaluate outfalls for non-storm water discharges shall sign a statement certifying that this requirement could not be complied with, and include a copy of the statement in the SWPPP. The statement shall be submitted to the department.

NR 216.28(1)(e) (e) If a permittee identifies an unauthorized discharge of pollutants, the permittee shall immediately cease the discharge and contact the department to determine if a permit is required under s. 283.31 or 283.35, Stats.

NR 216.28(2) (2) Annual site inspections. Permittees under this subchapter shall perform and document the results of an annual facility site compliance inspection. The inspection shall be adequate to verify that the site drainage conditions and potential pollution sources identified in the SWPPP remain accurate, and that the best management practices prescribed in the SWPPP are being implemented, properly operated and adequately maintained. Information reported shall include the inspection date, inspection personnel, scope of the inspection, major observations and revisions needed in the SWPPP.

NR 216.28(3) (3) Quarterly visual inspection. Permittees under this subchapter shall perform and document quarterly visual inspections of storm water discharge quality at each outfall. Inspections shall be conducted within the first 30 minutes or as soon thereafter as practical, but not to exceed 60 minutes, after runoff begins discharging at the outfall. The inspections shall include any observations of color, odor, turbidity, floating solids, foam, oil sheen or other obvious indicators of storm water pollution. Information documented shall include: the inspection date, inspection personnel, visual quality of the storm water discharge and probable sources of any observed storm water contamination.

NR 216.28(4) (4) Storm water sampling and analysis. Unless an alternative monitoring plan is required as part of the SWPPP, owners or operators of facilities covered under a tier 1 general permit issued under this subchapter or an individual WPDES permit issued under s. 283.31, Stats., containing tier 1 general permit requirements, or individual storm water discharge permits issued under s. 283.33 (1) (a) and (d), Stats., shall perform annual chemical storm water sampling at each outfall for those residual pollutants listed in the permittee’s SWPPP as required by s. NR 216.27 (3) (j). The following are specific requirements for chemical storm water monitoring:

NR 216.28(4)(a) (a) The list of pollutants to be tested in the discharge at the outfall shall be identified in the facility monitoring plan portion of the SWPPP.

NR 216.28(4)(b) (b) When a facility has more than one outfall which have storm water discharges substantially similar based on consideration of industrial activity, significant materials and management, one outfall may be selected to represent the group of similar outfalls provided that this strategy has been clearly stated in the facility monitoring plan and that the representative outfall is clearly identified as such on the drainage base map. No more than 5 outfalls with discharges representative of storm water discharged from the facility need to be sampled.

NR 216.28(4)(c) (c) After review of the facility monitoring plan portion of the SWPPP, the department shall add additional pollutants to the monitoring list if it has cause to do so based on a reasonable probability that the pollutants will be present in storm water discharges from the facility. The department shall remove pollutants from the monitoring list if it determines that continued monitoring for the pollutant serves no further purpose. Chemical monitoring may be discontinued after submitting the second round of chemical monitoring results to the department with the annual facility site compliance inspection report unless the department directs the permittee otherwise. The department shall require additional chemical sampling within a tier 1 general permit for industrial facilities where chemical monitoring has shown a reasonable potential that the storm water discharge from an individual facility or a type of industry will exceed a water quality standard.

NR 216.28(4)(d) (d) Storm water samples shall be collected during the period of March through November from rainfall events that produce greater than 0.1 inch of rainfall and occur at least 72 hours after a previous rainfall of 0.1 inch or greater.

NR 216.28(4)(e) (e) Storm water samples shall be representative of the “first flush” of storm water runoff at the outfall using one of the following sampling methods:

NR 216.28(4)(e)1. 1. Composite sample shall be collected during the first 30 minutes of runoff. At least 3 separate samples shall be collected for compositing, and the collection of samples shall be evenly spaced throughout the sampling period. Composite samples are required for all pollutants except those for which analytic techniques require grab samples.

NR 216.28(4)(e)2. 2. A grab sample is required for all pollutants in storm water discharged from a detention pond or other structure that has greater than a 24-hour holding time for a representative storm. The grab sample shall be representative of the storm water discharge at the pond outfall.

NR 216.28(4)(e)3. 3. An alternative sampling collection time specified by the department if the department determines it is necessary to obtain a representation sample of storm water runoff from the site.

NR 216.28(4)(f) (f) Monitoring samples shall be representative of the monitored discharge. Analytic testing shall be in conformance with ch. NR 219, unless an alternate procedure is approved by the department prior to the initiation of sampling.

NR 216.28(4)(g) (g) For each storm water measurement or sample taken, the permittee shall record and submit the following information to the department in the annual facility site compliance inspection reports described in s. NR 216.29 (2):