Chapter NR 216

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.

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.

subch. I of ch. NR 216 Subchapter I — Municipal Storm Water Discharge Permits

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)(a) (a) The municipal separate storm sewer system is not required to have permit coverage pursuant to s. NR 216.02 (1), (2) or (3);

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)(b)1. 1. Commercial.

NR 216.024(1)(b)2. 2. Industrial.

NR 216.024(1)(b)3. 3. Institutional.

NR 216.024(1)(b)4. 4. Residential with greater than 4.0 homes per acre.

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.