Chapter NR 216

NR 216.002 Note Note: A discharge listed in the definition above may be regulated on a case-by-case basis under s. NR 216.07 (3) (b) or s. 283.31, Stats., if the MS4 permittee, municipality, or the department identifies it as a significant source of a pollutant to waters of the state.

NR 216.002(12) (12) “Impaired water” means a waterbody impaired in whole or in part and listed by the department pursuant to 33 USC 1313 (d) (1) (A) and 40 CFR 130.7, for not meeting a water quality standard, including a water quality standard for a specific substance or the waterbody’s designated use.

NR 216.002(12m) (12m) “Individual permit” means a permit for the discharge of pollutants by an individual or group issued by the department under s. 283.33, Stats.

NR 216.002(13) (13) “Infiltration system” means a device or practice such as a basin, trench, rain garden or swale designed specifically to encourage infiltration, but does not include natural infiltration in pervious surfaces such as lawns, redirecting of rooftop downspouts onto lawns or minimal infiltration from practices, such as swales or road side channels designed for conveyance and pollutant removal only.

NR 216.002(14) (14) “Land disturbing construction activity” means any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or non-vegetative soil cover that may result in storm water runoff and lead to increased soil erosion and movement of sediment into waters of the state. Land disturbing construction activity includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.

NR 216.002(15) (15) “Landowner” means any person holding fee title, an easement or other interest in property that allows the person to undertake land disturbing construction activity on the property.

NR 216.002(16) (16) “Major outfall” means a municipal separate storm sewer system outfall that meets one of the following criteria:

NR 216.002(16)(a) (a) A single pipe with an inside diameter of 36 inches or more, or from an equivalent conveyance (cross sectional area of 1,018 inch2) which is associated with a drainage area of more than 50 acres.

NR 216.002(16)(b) (b) A municipal separate storm sewer system that receives storm water runoff from lands zoned for industrial activity that is associated with a drainage area of more than 2 acres or from other lands with 2 or more acres of industrial activity, but not land zoned for industrial activity that does not have any industrial activity present is not classified as a major outfall under this paragraph.

NR 216.002(17) (17) “Municipal separate storm sewer system” or “MS4” means a conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, constructed channels or storm drains, which meets all the following criteria:

NR 216.002(17)(a) (a) Owned or operated by a municipality.

NR 216.002(17)(b) (b) Designed or used for collecting or conveying storm water.

NR 216.002(17)(c) (c) Which is not a combined sewer conveying both sanitary and storm water.

NR 216.002(17)(d) (d) Which is not part of a publicly owned wastewater treatment works that provides secondary or more stringent treatment.

NR 216.002(18) (18) “Municipality” means any city, town, village, county, county utility district, town sanitary district, town utility district, school district or metropolitan sewage district or any other public entity created pursuant to law and having authority to collect, treat or dispose of sewage, industrial wastes, storm water or other wastes.

NR 216.002(18m) (18m) “Notice of intent” or “NOI” means an application for coverage under a WPDES permit. Except as otherwise provided in this chapter, NOI and application mean the same thing.

NR 216.002(19) (19) “Outfall” means the point at which storm water is discharged to waters of the state or to a storm sewer.

NR 216.002(19m) (19m) “Outstanding resource water” or “ORW” means waters designated under s. NR 102.10.

NR 216.002(20) (20) “Permittee” means a person who has applied for and received WPDES permit coverage for storm water discharge under this chapter.

NR 216.002(21) (21) “Person” means an individual, owner, operator, corporation, partnership, association, municipality, interstate agency, state agency or federal agency.

NR 216.002(22) (22) “Point source” means a discernible, confined and discrete conveyance of storm water for which a permit is required under s. 283.33, Stats.

NR 216.002(23) (23) “Pollutant” has the meaning given it in s. 283.01 (13), Stats.

NR 216.002(23m) (23m) “Pollutant of concern” means a pollutant that has been identified as contributing to a water quality impairment of an impaired water.

NR 216.002(24) (24) “Pollution” has the meaning given it in s. 283.01 (14), Stats.

NR 216.002(25) (25) “Pollution prevention” means taking measures to eliminate or reduce pollution.

NR 216.002(25m) (25m) “Receiving water” means the portion of a surface water that will be affected by an existing, proposed new, or increased discharge. Receiving water includes downstream surface waters that are affected by the discharge.

NR 216.002(26) (26) “Section 313 water priority chemical” means a chemical or chemical category which is all of the following:

NR 216.002(26)(a) (a) Listed at 40 CFR 372.65 pursuant to 42 USC 11023.

NR 216.002(26)(b) (b) Present at or above threshold levels at a facility subject to EPCRA s. 313 reporting requirements.

NR 216.002(26)(c) (c) Listed in appendix D of 40 CFR 122 on either table II, table III or table V or is listed as a hazardous substance pursuant to 33 USC 1321 (b) (2) (A) of the clean water act at 40 CFR 116.4.

NR 216.002(27) (27) “Sediment” means settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.

NR 216.002(28) (28) “SIC” means standard industrial classification. SIC codes cited in this chapter are from the 1987 edition of the Standard Industrial Classification Manual.

NR 216.002(29) (29) “Significant contributor” means a person who discharges to waters of the state pollutants that contribute to or have the reasonable potential to contribute to an exceedence of a water quality standard.

NR 216.002(30) (30) “Significant materials” means materials related to industrial activity that may contaminate storm water, including: raw materials; fuels; materials such as solvents, detergents and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under 42 USC 9601 to 9675; any chemical the facility is required to report pursuant to 42 USC 11023; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with storm water discharges.

NR 216.002 Note Note: 42 USC 9601 to 9675 is also known as the comprehensive environmental response, compensation and liability act (CERCLA). 42 USC 11023 is also known as the emergency planning and community right-to-know act (EPCRA), or as section 313 of title III of the superfund amendments and reauthorization act (SARA) of 1986.

NR 216.002(31) (31) “Source area controls” means best management practices intended to prevent storm water runoff from contacting materials that can potentially contaminate it or if contact occurs, to reduce pollutants at the source of contamination.

NR 216.002(32) (32) “Stabilize” means the process of making a site steadfast or firm, minimizing soil movement by the use of practices such as mulching and seeding, sodding, landscaping, paving, graveling or other appropriate measures.

NR 216.002(33) (33) “Storm water” means runoff from precipitation including rain, snow, ice melt or similar water that moves on the land surface via sheet or channelized flow.

NR 216.002(34) (34) “Storm water outfall” means the point where a municipal separate storm sewer system discharges to waters of the state, or leaves one municipality and enters another.

NR 216.002(35) (35) “SWPPP” means storm water pollution prevention plan.

NR 216.002(36) (36) “TMDL” has the meaning given it in 40 CFR 130.2(i).

NR 216.002(36m) (36m) “TMDL implementation plan” means a list of specific and identifiable steps and actions a permittee intends to undertake and complete to meet a TMDL wasteload allocation.

NR 216.002(36r) (36r) “Total Suspended Solids” or “TSS” means settleable solid material that is transported by runoff or suspended within runoff.

NR 216.002(37) (37) “Treatment BMP” means a storm water treatment system, works or practice that is designed to reduce or remove pollutants from contaminated storm water.

NR 216.002(38) (38) “Urbanized area” means a place and the adjacent densely settled surrounding territory that together have a minimum population of 50,000 people, as determined by the U.S. bureau of the census based on the latest decennial federal census.

NR 216.002(39) (39) “Urban storm water planning area” means the boundary defined by a municipality that serves as the appropriate planning area for the abatement of storm water runoff pollution into waters of the state.

NR 216.002(39g) (39g) “US EPA” means the United States environmental protection agency.

NR 216.002(39r) (39r) “Wasteload allocation” means the allocation resulting from the process of distributing or apportioning the total maximum load to each individual point source discharge.

NR 216.002(40) (40) “Waters of the state” has the meaning given it in s. 283.01 (20), Stats.

NR 216.002(41) (41) “Working day” means any day except Saturday and Sunday and holidays designated in s. 230.35 (4) (a), Stats.

NR 216.002(42) (42) “WPDES permit” means a Wisconsin pollutant discharge elimination system permit issued pursuant to ch. 283, Stats.

NR 216.002 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; CR 21-027: cr. (1m), (7m), (12m), (18m), (19m), (23m), (25m), (36m), (37m), (39g), (39r) Register March 2022 No. 795, eff. 4-1-22; (1), (37m) renum. to (1r), (36r) under 13.92 (4) (b) 1., Stats., Register March 2022 No. 795.

NR 216.003 NR 216.003 General permits.

NR 216.003(1) (1) Conditions and duration. In addition to the terms and conditions listed under this chapter, if the department issues a storm water discharge general permit, it may in the permit require compliance with the terms and conditions identified in s. NR 205.08. The term of the permit shall be at least 2 years but no longer than 5 years in duration.

NR 216.003 Note Note: A maximum time period of 5 years is allowed under federal law.

NR 216.003(2) (2) Limited coverage of general permits. Under s. 283.35, Stats., the department may issue a general permit that applies only to certain classes or categories of storm water discharges, or only to storm water discharges located in a designated area of the state, or both. Any limitation of the coverage of a general storm water discharge permit shall be stated in the permit. When the department receives a notice of intent or application for general permit coverage, it shall determine whether the discharge is for a class or category of storm water discharge that is covered by a general permit and is located within an area of the state to which the general permit applies. If the discharge is for a class or category that requires permit coverage but is not covered by a general permit or is for a discharge located outside of the area to which a general permit applies, the department shall treat the notice of intent or application as an application for an individual WPDES permit, and the landowner shall obtain an individual WPDES permit under this chapter for the discharge.

NR 216.003(3) (3) Coverage under subsequent permit. Unless notified otherwise by the department, general permittees covered under subchs. II and III shall remain covered under an expired general permit or conveyed coverage under a reissued general permit as described under s. NR 205.08 (9) (a).

NR 216.003 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; CR 21-027: am. (1), cr. (3) Register March 2022 No. 795, eff. 4-1-22.

NR 216.004 NR 216.004 Noncompliance.

NR 216.004(1) (1) Any act of noncompliance with the provisions of any storm water discharge permit issued under this chapter is a violation of the permit and is grounds for enforcement action or denial of continued coverage under a general permit.

NR 216.004(2) (2) Permittees shall submit reports of noncompliance with requirements contained in a compliance schedule of the permit in writing within 14 days after the compliance schedule deadline. Reports of noncompliance shall include: a description of the noncompliance; its cause; the steps taken or planned to reduce, eliminate and prevent reoccurrence of the noncompliance; and the effect of the noncompliance on the permittee’s ability to meet remaining deadlines.

NR 216.004(3) (3) The permittee shall immediately notify the department in accordance with ch. NR 706, in the event that a spill or accidental release of any hazardous material or substance results in the discharge of pollutants to waters of the state or creates a condition that may contaminate storm water discharged to waters of the state. The department shall be notified via the 24-hour toll-free spill hotline.

NR 216.004 Note Note: The department’s 24-hour toll-free spill hotline is 1-800-943-0003.

NR 216.004(4) (4) The permittee shall take all reasonable steps to minimize or prevent any adverse impacts on the waters of the state resulting from noncompliance with a storm water discharge permit.

NR 216.004 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.

NR 216.005 NR 216.005 Long-term storm water maintenance requirements. The long-term storm water management practices installed by the landowner in accordance with a storm water management plan shall be maintained in accordance with the long-term maintenance agreement submitted to the department pursuant to s. NR 216.47 (5).

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(3) (3) Persons applying for a no exposure certification under s. NR 216.21 (3) shall submit the information required under s. NR 216.21 (3) (b) 3. 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)1. 1. Name and contact information for the person requesting the waiver.

NR 216.006(7)(a)2. 2. Facility or site name.

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)(a)4. 4. Facility or site address.

NR 216.006(7)(a)5. 5. Brief statement regarding the basis for claiming a waiver.

NR 216.006(7)(a)6. 6. Any other information required by the department.

NR 216.006(7)(a)7. 7. Signature of the landowner, operator, or authorized representative.

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(8) (8) Approved waivers under subs. (6) and (7) are not transferable.

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.