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):
NR 216.28(4)(g)1.
1. The date, exact place, method and time of sampling or measurements.
NR 216.28(4)(g)4.
4. The name of the certified laboratory which performed the analysis.
NR 216.28(4)(g)7.
7. The estimated duration of the rainfall event, in hours, and the estimated total amount of precipitation falling during the rainfall event, in inches.
NR 216.28(5)
(5)
Monitoring exceptions. The department may waive specific monitoring requirements if one of the following applies:
NR 216.28(5)(a)
(a) An employee could not reasonably be present at the facility at the time of the snowmelt or runoff event, or those attempts to meet the monitoring requirement would endanger employee safety or well being.
NR 216.28(5)(b)
(b) There were no snow melt or runoff events large enough to conduct a quarterly visual inspection at an outfall.
NR 216.28(5)(c)
(c) The facility is inactive or remote, such as inactive mining operations where monitoring and inspection activities are impractical or unnecessary. At a minimum, the department shall establish an alternative requirement that the facilities make site inspections by a qualified individual at least once in every 3-year period.
NR 216.28(5)(d)
(d) The permittee can demonstrate to the department's satisfaction that the sources of storm water contamination are outside of the facility's property boundary and are not associated with the facility's activities. The demonstration shall be presented in the SWPPP and submitted to the department for evaluation.
NR 216.28 History
History: CR 03-028: cr.
Register July 2004 No. 583, eff. 8-1-04.
NR 216.29
NR 216.29 Compliance and reporting requirements. NR 216.29(1)(a)
(a) Owners or operators of proposed facilities that will have one acre or more of land disturbing construction activities as part of their construction, shall develop a SWPPP and submit either the SWPPP or a SWPPP summary to the department at least 14 working days prior to initiating land disturbing construction activities at the site or submit a no exposure certification to the department under s.
NR 216.21 (3).
NR 216.29 Note
Note:
This timeline is consistent with the requirement to develop erosion control and storm water management plans and submit a notice of intent under subch. III.
NR 216.29(1)(b)
(b) Owners or operators of other facilities shall develop a SWPPP and submit either the SWPPP or a SWPPP summary to the department prior to initiating industrial operations.
NR 216.29(1)(d)
(d) The SWPPP shall be kept at the facility and made available to the department upon request.
NR 216.29(1)(f)
(f) The department shall notify the permittee if it determines that the SWPPP summary is inadequate and may require the permittee to submit the SWPPP for review.
NR 216.29(1)(g)
(g) The SWPPP summary shall include the results of the non-storm water discharge evaluations required under s.
NR 216.28 (1) and shall indicate whether the SWPPP includes a storm water treatment practice. If a SWPPP includes a storm water treatment practice, the department may require the submittal of plans and specifications for the storm water treatment practice for review and approval pursuant to s.
281.41 (1), Stats.
NR 216.29(2)
(2)
Annual site inspection. The first annual facility site compliance inspection shall be conducted by the permittee within 12 months of the effective date of coverage under the general permit. Facilities covered under a tier 1 permit shall submit their first inspection report to the department within 18 months of the effective date of coverage under the permit and the second inspection report within 30 months of the effective date of permit coverage. The report shall be written on department forms, and shall contain information from the inspection, the quarterly visual inspection and the annual chemical monitoring. Facilities covered under the tier 2 permit shall keep the results of their annual facility site compliance inspection and quarterly visual inspections on site for department inspection. Facilities covered under a tier 1 permit are not required to submit inspection reports after submittal of the second inspection report, unless so directed by the department. However, these inspections and quarterly visual inspections shall still be conducted; and results shall be kept on site for department inspection.
NR 216.29(3)
(3)
Inspection dates. The first quarterly visual inspection of storm water discharge quality shall be conducted within 3 months of the effective date of coverage under the permit.
NR 216.29(4)
(4)
Chemical sampling dates. Owners and operators of facilities covered under a tier 1 permit shall submit annual chemical monitoring results with the compliance inspection report required under s.
NR 216.28 (2) for the first 2 years following SWPPP implementation. The monitoring results shall include all of the information specified in s.
NR 216.28 (4) (g).
NR 216.29(5)
(5)
BMP implementation. Unless an alternate implementation schedule is identified in the permit, the BMPs identified in the SWPPP shall be implemented beginning at the start of industrial operations.
NR 216.29(6)
(6)
SWPPP amendments. The permittee shall correct deficiencies in the original SWPPP. The permittee shall amend the SWPPP and notify the department in the event of any facility operational changes that could result in additional significant storm water contamination.
NR 216.29(7)
(7)
Record retention. Records required under this subchapter shall be retained for 5 years beyond the date that the record was made and shall be made available to the department upon request.
NR 216.29 History
History: CR 03-028: cr.
Register July 2004 No. 583, eff. 8-1-04;
CR 21-027: am. (1) (a), (b), (e), (g) Register March 2022 No. 795, eff. 4-1-22.
NR 216.30(1)(1)
A storm water discharge permit fee shall be paid annually by each industrial facility covered by or holding a permit under this subchapter or a wastewater discharge permit that incorporates storm water management requirements under this chapter. Permit fees are due June 30 of each year. The fee shall be either:
NR 216.30(1)(a)
(a) $260 for coverage under a tier 1 general industrial storm water discharge permit under s.
NR 216.21 (2) (a), an industry-specific general industrial storm water discharge permit under s.
NR 216.24 with tier 1 requirements, or an individual WPDES permit under s.
283.31, Stats., with tier 1 requirements,
NR 216.30(1)(b)
(b) $130 for coverage under a tier 2 general industrial storm water discharge permit under s.
NR 216.21 (2) (b), an industry-specific general industrial storm water discharge permit under s.
NR 216.24 or an individual WPDES permit under s.
283.31, Stats., with tier 2 requirements, or
NR 216.30(2)
(2) Notwithstanding sub.
(1), no fee may be charged under this section for facilities that are regulated under a WPDES permit developed specifically to address discharges from non-metallic mining operations and that the department concurs are internally drained and no pollutants are exposed that could contaminate groundwater. A non-metallic mining operation is internally drained if all storm water that contacts disturbed areas or excavated material is directed to onsite seepage areas that are entirely confined and retained within the property boundaries of the site.
NR 216.30 History
History: CR 03-028: cr.
Register July 2004 No. 583, eff. 8-1-04.
NR 216.31
NR 216.31 Permit coverage transfers. A permittee who will no longer control the permitted industrial facility may request that permit coverage be transferred to the person who will control the industrial facility. The transfer request shall be completed on forms provided by the department as specified under s.
NR 216.006 and signed by both the permittee and the new owner or operator. If the permittee's signature cannot be obtained, the new owner or operator shall apply for coverage as specified under s.
NR 216.22. The department may require additional information including a notice of intent to be filed prior to transferring permit coverage. Coverage is not transferred until the department sends notification of transfer approval to the new owner or operator.
NR 216.32(1)(1)
If the owner or operator of a facility no longer claims coverage under any general or individual permit for the discharge of storm water from industrial activity under this subchapter, the permittee shall submit a signed notice of termination to the department.
NR 216.32(2)
(2) A notice of termination shall be submitted on forms available from the department as specified under s.
NR 216.006. Data submitted in the notice of termination forms shall be used as a basis for terminating coverage under this subchapter.
NR 216.32(3)
(3) The notice of termination form shall be signed in accordance with the signature requirements in s.
NR 216.22 (7).
NR 216.32(4)
(4) Termination of coverage under this subchapter shall be effective upon receipt of written confirmation from the department by the permittee.
NR 216.32 History
History: CR 03-028: cr.
Register July 2004 No. 583, eff. 8-1-04;
CR 21-027: am. (2), r. (5) Register March 2022 No. 795, eff. 4-1-22. NR 216.41
NR 216.41 Purpose. The purpose of this subchapter is to establish criteria defining those construction site activities that constitute discharges needing a WPDES storm water permit for landowners of construction sites that require coverage under a WPDES permit for storm water discharges; and the requirements for filing a WPDES permit application for a construction site, as required by s.
283.33, Stats.; to prescribe the form of the WPDES permit application pursuant to s.
283.37, Stats.; to specify the number of working days within which the department will indicate its intended action on a WPDES permit application or request for modification, pursuant to s.
227.116 (1r), Stats.; and to specify the erosion control and storm water management that is required at construction sites regulated under this subchapter.
NR 216.41 History
History: CR 03-028: cr.
Register July 2004 No. 583, eff. 8-1-04; correction made under s.
13.92 (4) (b) 7., Stats.,
Register April 2013 No. 688.
NR 216.42(1)(1)
Construction sites of one acre or more of land disturbance. Except as provided in subs.
(2) to
(11), a notice of intent shall be filed with the department under s.
NR 216.43 or to the department via an authorized local program under s.
NR 216.10 by any landowner who intends to create a point source discharge of storm water from a construction site to waters of the state. The landowner of the construction site regulated by this subchapter shall comply with all applicable provisions of this subchapter and the appropriate WPDES permit issued pursuant to this subchapter.
NR 216.42 Note
Note:
Disturbances less than one acre may require a permit if the disturbances are part of a common plan of development with one acre or more of total land disturbance as described in s.
NR 216.002 (2).
NR 216.42(2)(a)(a) Storm water discharges associated with planting, growing, cultivating, or harvesting crops for use or consumption by humans, livestock as defined in s.
95.80 (1) (b), Stats., or poultry, including sod farms and tree nurseries are not regulated by this subchapter.
NR 216.42(2)(b)
(b) Storm water discharges associated with pasturing or yarding livestock, as defined in s.
95.80 (1) (b), Stats., or poultry are not regulated by this subchapter.
NR 216.42(2)(c)
(c) The exemptions under pars.
(a) and
(b) do not apply to the construction of barns, manure storage facilities, barnyard runoff control systems, or other similar structures.
NR 216.42(3)
(3)
Silviculture. Storm water discharges from silviculture activities conducted in accordance with standard industry practices, including nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance are not regulated by this subchapter. Land disturbing construction activity that includes clearing and grubbing of an area of a construction site is not a silviculture activity.
NR 216.42 Note
Note:
Wisconsin's Forestry Best Management Practices for Water Quality Field Manual provides examples of silvicultural industry practices. These practices are intended to prevent or reduce pollution to waters of the state from silvicultural activities. Certain lumber, wood and paper product manufacturers may require coverage under a general industrial WPDES permit for storm water discharges pursuant to subch. II. A silviculture activity may require approval pursuant to ch.
30 or
31, Stats., or an U.S. army corps of engineers section 404 permit under
33 USC 1344.
NR 216.42(7)
(7)
Mill and crush operation. If construction activity does not result in land disturbing construction activity including a mill and crush operation that does not have soil disturbance, filling or road shoulder grading, the activity is not regulated under this subchapter.
NR 216.42(8)
(8)
Routine maintenance. Routine maintenance for project sites that involve under 5 acres of land disturbance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility is not regulated under this subchapter.
NR 216.42 Note
Note:
Grading an existing dirt road or adding gravel to an existing parking lot are examples of routine maintenance. Full depth pavement reconstruction or underground utility replacement involving exposure of bare soils is not routine maintenance.
NR 216.42(8m)
(8m)
Drainage districts. Storm water discharges from land containing dredged material removed from a drainage district ditch are not regulated by this subchapter if all of the following are met:
NR 216.42(8m)(a)
(a) The work is authorized by a drainage district subject to ch.
88, Stats.
NR 216.42(8m)(b)
(b) The land is adjacent to the ditch from which the dredged material was removed.
NR 216.42(8m)(c)
(c) The area of land disturbing activity that does not meet the exemption in sub.
(2) is less than 5 acres for activities that qualify as routine maintenance and less than one acre for all other activities.
NR 216.42 Note
Note:
Drainage district ditch dredging is also subject to provisions in ch.
30, Stats., and erosion and sediment control performance standards under s.
NR 151.105 or
151.11, to implement s.
88.74 (3) (b), Stats.
NR 216.42(11)
(11)
Quarter mile separation. Where discrete construction projects within a larger common plan of development or sale are located at least 1/4 mile apart and the area between the projects is not being disturbed, each individual project may be treated as a separate plan of development or sale provided any interconnecting road, pipeline or utility project that is part of the same “common plan" is not concurrently being disturbed.
NR 216.42 History
History: CR 03-028: cr.
Register July 2004 No. 583, eff. 8-1-04; correction in (4), (9) made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register December 2011 No. 672;
CR 19-053: r. (4), (5), (9)
Register January 2020 No. 769, eff. 2-1-20;
CR 21-027: am. (1), renum. (2) to (2) (a) and am., cr. (2) (b), (c), am. (3), r. (6), cr. (8m), r. (10) Register March 2022 No. 795, eff. 4-1-22; correction in (2) (a) made under s. 35.17, Stats., Register March 2022.
NR 216.43
NR 216.43 Notice of intent requirements. NR 216.43(1)(1)
Forms. The landowner shall submit a notice of intent to the department on forms available from the department as specified under s.
NR 216.006. Data submitted in the notice of intent forms shall be used as a basis for conferring coverage under a WPDES storm water permit.
