Chapter NR 216

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.

NR 216.024(3) (3) The department shall exempt the owner or operator of a municipal separate storm sewer system from the requirement to obtain permit coverage under this subchapter for requests that comply with subs. (1) and (2), unless either of the following occurs:

NR 216.024(3)(a) (a) The department has site-specific information that the municipal separate storm sewer system has a physical, chemical or biological impact that threatens or impairs the designated uses of waters of the state.

NR 216.024(3)(b) (b) The department has determined that controls are needed on the municipal separate storm sewer system based on wasteload allocations that are part of a U.S. EPA approved or established TMDL or equivalent analysis that addresses the pollutants of concern.

NR 216.024 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.

NR 216.025 NR 216.025 Designation criteria. The department may require the owner or operator of any municipal separate storm sewer system to obtain permit coverage under this subchapter if the system meets any of the following:

NR 216.025(1) (1) It serves an area contiguous to an area served by a municipal separate storm sewer system that is required to have permit coverage under this subchapter and it receives runoff from 320 or more 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 216.025(1)(a) (a) Commercial.

NR 216.025(1)(b) (b) Industrial.

NR 216.025(1)(c) (c) Institutional.

NR 216.025(1)(d) (d) Residential with greater than 4.0 homes per acre.

NR 216.025(2) (2) The department has site-specific information that the municipal separate storm sewer system has a physical, chemical or biological impact that threatens or impairs the designated uses of waters of the state.

NR 216.025(3) (3) The department determines that controls are needed on the municipal separate storm sewer system based on wasteload allocations that are part of a U.S. EPA approved or established TMDL or equivalent analysis that addresses the pollutants of concern.

NR 216.025 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.

NR 216.026 NR 216.026 Petition for permit coverage. Any person may petition the department to evaluate a municipal separate storm sewer for the need to obtain permit coverage using the criteria under s. NR 216.025. The petition shall contain relevant information to assist the department in this evaluation in accordance with the criteria contained in s. NR 216.025. In response to a petition, the department may perform an evaluation of the municipal separate storm sewer system for which the petition is received.

NR 216.026 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.

NR 216.03 NR 216.03 Application for permit coverage.

NR 216.03(1) (1) The owner or operator of a municipal separate storm sewer system identified as needing a permit under s. NR 216.02 shall submit an application under sub. (2) for coverage under a WPDES permit under this subchapter to the department within 90 days of a department letter notifying the owner or operator that a permit application is required. The application shall be submitted on forms made available from the department as specified under s. NR 216.006.

NR 216.03 Note Note: Application forms may be obtained from the department website at https://dnr.wisconsin.gov/topic/Stormwater/municipal or by calling 1-888-936-7463.

NR 216.03(2) (2) The owner or operator of a municipal separate storm sewer system identified as needing a permit under s. NR 216.02 shall submit a permit application to the department requesting to be covered by one of the following methods:

NR 216.03(2)(a) (a) Under a general permit. Applications for coverage under a general permit shall be submitted in accordance with s. NR 216.031.

NR 216.03(2)(b) (b) Under an individual permit by themselves or as a co-applicant. Applications for coverage under an individual permit shall be submitted in accordance with s. NR 216.032.

NR 216.03(2)(c) (c) If the application for individual permit coverage includes one or more co-applicants, then all of the following apply:

NR 216.03(2)(c)1. 1. All owners or operators of municipal separate storm sewer systems that are interested in obtaining coverage under the permit shall be listed.

NR 216.03(2)(c)2. 2. The expected benefits of having individual permit coverage shall be described in the application.

NR 216.03(2)(d) (d) One application may be submitted by multiple owners or operators of municipal separate storm sewer systems when requesting to be covered as co-applicants under an individual permit.

NR 216.03 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; CR 21-027: am. (1), (2) (a), (b) Register March 2022 No. 795, eff. 4-1-22.

NR 216.031 NR 216.031 General permit application requirements. Municipalities subject to the requirements of this subchapter seeking coverage under a general permit shall submit an application for permit coverage to the department. The contents of the application shall be specified in the general permit, shall require the submission of information necessary to demonstrate adequate program implementation, and at a minimum shall include all of the following:

NR 216.031(1) (1) General information.

NR 216.031(1)(a) (a) The legal name, address, and telephone number of the municipal owner or operator, and additional contact persons.

NR 216.031(1)(b) (b) Status as a government entity.

NR 216.031(1)(c) (c) Type of facility or discharges.

NR 216.031(1)(d) (d) The receiving waterbodies.

NR 216.031(1)(e) (e) Any additional relevant information that the department requests.

NR 216.031(2) (2) Minimum control measure information. Descriptions of how the applicant intends to comply with all of the following permit requirements:

NR 216.031(2)(a) (a) Public education and outreach. A public education and outreach program pursuant s. NR 216.07 (1).

NR 216.031(2)(b) (b) Public involvement and participation. A public involvement and participation program pursuant to s. NR 216.07 (2).

NR 216.031(2)(c) (c) Illicit discharge detection and elimination. An illicit discharge detection and elimination program pursuant to s. NR 216.07 (3), including a list of existing legal authorities to enforce this program.

NR 216.031(2)(d) (d) Construction site pollution control. A program to reduce pollutants in runoff from construction sites pursuant to s. NR 216.07 (4).

NR 216.031(2)(e) (e) Post-construction site storm water management. A program to reduce pollutants in runoff from new development and redevelopment sites after construction pursuant to s. NR 216.07 (5).

NR 216.031(2)(f) (f) Pollution prevention. A pollution prevention program for municipal operation and maintenance areas pursuant to s. NR 216.07 (6) (a).

NR 216.031(3) (3) Storm sewer system map. A street map showing corporate boundaries, U.S. census urbanized area boundaries, and limits of any sanitary sewer service area.

NR 216.031(4) (4) Other requirements. A list of MS4 discharges to an outstanding resource water, exceptional resource water, impaired waters, and discharges of a pollutant of concern covered by a US EPA-approved TMDL. A description of the current control measures being implemented to meet applicable requirements for those discharges pursuant s. NR 216.07 (10).

NR 216.031 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. A list of Wisconsin US EPA approved TMDLs may be found on the department website at: https://dnr.wisconsin.gov/topic/TMDLs.

NR 216.031 History History: CR 21-027: NR 216.031 (intro.) renum. from NR 216.06 (intro.) and am., r. (1) (intro.), cr. (1) (a) to (e), NR 216.031 (2), (3) renum. from NR 216.06 (2), (3) and, as renumbered, am. (2) (intro.), (3), cr. (4) Register March 2022 No. 795, eff. 4-1-22.

NR 216.032 NR 216.032 Individual permit application requirements. Municipalities subject to the requirements of this subchapter seeking coverage under a storm water discharge individual permit shall apply by submitting the necessary application information to the department. The individual permit application shall include all of the following:

NR 216.032(1) (1) The information listed in s. NR 216.031 (1).

NR 216.032(2) (2) The best management practices that the municipality proposes to implement for each of the programs described in s. NR 216.07 (1) to (6).

NR 216.032(3) (3) Information on any discharges to designated waters as described in s. NR 216.031 (4).

NR 216.032(4) (4) The proposed measurable goals for each of the BMPs including, as appropriate, the months and years in which the municipality proposes to undertake required actions, including interim milestones and the frequency of the action.

NR 216.032(5) (5) The person or persons responsible for implementing or coordinating the storm water management program.

NR 216.032(6) (6) An estimate of square mileage served by the municipality.

NR 216.032(7) (7) A storm sewer map that satisfies the requirements of s. NR 216.07 (7).

NR 216.032(8) (8) Any additional relevant information that the department requests.

NR 216.032 History History: CR 21-027: cr. Register March 2022 No. 795, eff. 4-1-22; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register March 2022 No. 795.

NR 216.04 NR 216.04 Issuance of permits.

NR 216.04(1) (1) The department shall determine whether a general permit or an individual permit will be used to authorize coverage for each applicant, group of co-applicants or regional authority. The department may exclude co-applicants from coverage under an individual permit, and instead issue a separate individual permit to an excluded co-applicant if coverage is necessary to ensure compliance with this subchapter.

NR 216.04(2) (2) For each applicant or permittee subject to a US EPA-approved TMDL, the department shall include in the permit an expression of the wasteload allocation, or may derive a percent reduction for the pollutant of concern, consistent with the wasteload allocation and assumptions contained in the US EPA-approved TMDL that is designed to achieve water quality standards. If applicable, the TMDL-based percent reduction for TSS shall be included in a permit in addition to the requirements under s. NR 151.13 (2) (b).

NR 216.04(3) (3) For each applicant or permittee discharging to an impaired water for which a TMDL is under development at the time of permit issuance, the department may include in the permit a requirement to begin development of a TMDL implementation plan once the TMDL is approved. Implementation will not be required until the permit term following TMDL approval.

NR 216.04 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; CR 21-027: renum. to (1), cr. (2), (3) Register March 2022 No. 795, eff. 4-1-22.

NR 216.065 NR 216.065 Permittee responsibility and permit conditions.

NR 216.065(1) (1) Co-permittees. For a group of co-permittees, a single co-permittee is responsible only for permit conditions relating to discharges from the municipal separate storm sewer systems for which it is the owner or operator.

NR 216.065(2) (2) Conditions. Permits may specify different conditions for different discharges covered by a permit, including distinctive management programs for different storm water drainage areas.

NR 216.065 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.

NR 216.07 NR 216.07 Permit requirements. The department shall establish permit conditions to reduce the discharge of pollutants from the MS4 to the maximum extent practicable, to protect water quality, and to achieve and implement the water quality standards contained in chs. NR 102 to 105, 140, and 207. The department shall issue permits using the information provided by the applicant and other pertinent information when developing permit conditions. Permit conditions shall be expressed in clear, specific, and measurable terms. Permits shall, at a minimum, require development and implementation of written storm water management programs that address all of the following:

NR 216.07(1) (1) Public education and outreach.

NR 216.07(1)(a) (a) A public education and outreach program using a variety of delivery mechanisms to increase awareness of storm water impacts on waters of the state. The program shall at a minimum be designed to achieve all of the following:

NR 216.07(1)(a)1. 1. Promote detection and elimination of illicit discharges or water quality impacts associated with discharges from municipal separate storm sewer systems.

NR 216.07(1)(a)2. 2. Inform and educate the public to facilitate the proper management of materials and encourage the public to change their behavior that may cause storm water pollution from sources including automobiles, pets, household hazardous waste and household practices.

NR 216.07(1)(a)3. 3. Promote beneficial onsite reuse of leaves and grass clippings and proper use of lawn and garden fertilizers and pesticides.

NR 216.07(1)(a)4. 4. Promote the management of stream banks and shorelines by riparian landowners to minimize erosion, and restore and enhance the ecological values of the waterway.

NR 216.07(1)(a)5. 5. Promote infiltration of residential storm water runoff from rooftop downspouts, driveways and sidewalks.

NR 216.07(1)(b) (b) A program that includes elements to achieve all of the following:

NR 216.07(1)(b)1. 1. Inform and educate those responsible for the design, installation or maintenance of construction site erosion control and storm water management practices on how to design, install and maintain the practices.

NR 216.07(1)(b)2. 2. Target businesses and activities that may pose a storm water contamination concern, and where appropriate, educate specific audiences such as lawn care companies and restaurants on methods of storm water pollution prevention.

NR 216.07(1)(b)3. 3. Promote environmentally sensitive land development designs by developers and designers.

NR 216.07 Note Note: The public education and outreach program should be tailored, using a mix of locally appropriate strategies to educate the general public and target specific audiences likely to have significant storm water impacts.

NR 216.07(2) (2) Public involvement and participation. A program to notify the public of activities required by the municipal storm water discharge permit required under this subchapter and to encourage input and participation from the public regarding these activities. The implementation of this program shall comply with all applicable state and local public notice requirements.

NR 216.07(3) (3) Illicit discharge detection and elimination. A program to detect and remove illicit discharges and improper disposal of wastes into the municipal separate storm sewer system, or require the discharger to obtain a separate WPDES permit. The program shall include all of the following:

NR 216.07(3)(a) (a) To the extent authorized by law, measures to effectively prohibit, through ordinance or other regulatory mechanism, non-storm water discharges into the storm sewer system and implement appropriate enforcement procedures and actions.

NR 216.07(3)(b) (b) A strategy to address all types of illicit discharges. In addition, non-storm water discharges or flows such as landscape irrigation, diverted stream flows, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, fire fighting and discharges authorized under a WPDES permit shall be included in the strategy if identified by the municipality as significant sources of pollutants to waters of the state.