Chapter NR 216

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.

NR 216.07(3)(c) (c) Procedures to conduct on-going field screening activities during the term of the permit, including locations of storm sewers that will be evaluated.

NR 216.07(3)(d) (d) Procedures to be followed to investigate portions of the municipal separate storm sewer system that, based on the results of field screening or other information, indicate a reasonable potential for containing illicit discharges or other sources of non-storm water. Procedures may include sampling for the parameters listed within par. (i), testing with fluorometric dyes or conducting inspections inside storm sewers where safety and other considerations allow. The department shall be given advanced notice of the time and location of dye testing within an MS4.

NR 216.07 Note Note: The dye may be reported to the department by concerned citizens as an illicit discharge. Prior notification will prevent false alarms.

NR 216.07(3)(e) (e) Procedures to immediately investigate reports of illicit discharges to its MS4, including cooperation with the department, in order to locate and eliminate illicit discharges.

NR 216.07(3)(f) (f) Procedures for immediate notification of the department in accordance with ch. NR 706, of a spill or release of a hazardous substance, into or from an MS4.

NR 216.07 Note Note: The department shall be notified via the 24-hour toll-free spill hotline at 1-800-943-0003.

NR 216.07(3)(g) (g) Procedures to prevent, contain and respond to spills that may enter the municipal separate storm sewer system.

NR 216.07(3)(h) (h) Appropriate measures to eliminate any leakage or discharge from sanitary conveyance systems into municipal separate storm sewer systems.

NR 216.07(3)(i) (i) A field screening analysis for illicit connections and illicit discharges at all major outfalls, plus any additional selected field-screening points designated by the municipality or the department. At a minimum, a screening analysis shall include a narrative description of visual observations made during dry weather periods. If any flow is observed, field analysis shall be conducted to determine the presence of illicit discharges. All field analysis shall include a narrative description of the color, odor, turbidity, the presence of an oil sheen or surface scum, and a description of the flow rate as well as any other relevant observations regarding the potential presence of non-storm water discharges. In addition, the field analysis shall include sampling for pH, total chlorine, total copper, total phenol and detergents unless the permittee obtains concurrence from the department to perform alternative sampling that is more effective to detect illicit discharges such as with ammonia, potassium or bacteria. The field screening points shall be established using the following:

NR 216.07(3)(i)1. 1. Field screening points shall, where possible, be located downstream of any sources of suspected illegal or illicit activity.

NR 216.07(3)(i)2. 2. Field screening points shall be located where practicable at the farthest manhole or other accessible location downstream in the system. Safety of personnel and accessibility of the location shall be considered in making this determination.

NR 216.07(3)(i)3. 3. Consideration shall be given to hydrological conditions, total drainage area of the site, population density of the site, traffic density, age of the structures or buildings in the area, history of the area and land use types.

NR 216.07(4) (4) Construction site pollutant control. Except for construction sites that are exempted under s. NR 216.42 (2) to (11), a program to implement and maintain erosion and sediment control best management practices to reduce pollutants in storm water runoff from construction sites with one acre or more of land disturbance, and sites of less than one acre if they are part of a larger common plan of development or sale. This program shall encompass any adjacent developing areas that are planned to have a minimum density of 500 people per square mile, the urbanized area and developing areas whose runoff will connect to the MS4. The program shall include all of the following:

NR 216.07(4)(a) (a) The implementation and enforcement of a legal authority to comply with ss. NR 151.11 and 151.23, as well as sanctions to ensure compliance, to the extent authorized by law.

NR 216.07 Note Note: Section NR 151.11 applies to construction sites that are not transportation facilities and s. NR 151.23 applies to transportation facility construction sites.

NR 216.07(4)(b) (b) Procedures for site planning which incorporate consideration of potential water quality impacts.

NR 216.07(4)(c) (c) Requirements for erosion and sediment control best management practices.

NR 216.07(4)(d) (d) Procedures for identifying priorities for inspecting sites and enforcing control measures which consider the nature of the construction activity, topography, the characteristics of soil and receiving water quality.

NR 216.07(4)(e) (e) Requirements for construction site operators to manage waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site so as to minimize adverse impacts to water quality.

NR 216.07(4)(f) (f) Procedures for receipt and consideration of information submitted by the public.

NR 216.07(5) (5) Post-construction site storm water management. A program to develop, implement and enforce controls on discharges from new development and redevelopment projects that disturb one acre or more of land, including projects less than one acre that are part of a larger common plan of development or sale, that discharge into the MS4. This program shall encompass any adjacent developing areas that are planned to have a minimum density of 500 people per square mile, the urbanized area and developing areas whose runoff will connect to the MS4. The program shall include all of the following:

NR 216.07(5)(a) (a) The implementation and enforcement of a legal authority to comply with ss. NR 151.12 to 151.128 and 151.24 to 151.249.

NR 216.07 Note Note: Section NR 151.12 applies to construction sites that are not transportation facilities and s. NR 151.24 applies to transportation facility construction sites.

NR 216.07(5)(b) (b) Procedures for site planning which incorporate consideration of potential water quality impacts.

NR 216.07(5)(c) (c) Requirements for source area control and regional best management practices.

NR 216.07(5)(d) (d) Procedures for inspecting and enforcing maintenance of best management practices.

NR 216.07(6) (6) Pollution prevention.

NR 216.07(6)(a) (a) A storm water management program and an operation and maintenance program that includes a training component and has the ultimate goal of preventing or reducing pollutant runoff and meeting the requirements of sub. (10). The program shall include all of the following activities:

NR 216.07(6)(a)1. 1. Installation and maintenance of source area controls and regional best management practices.

NR 216.07(6)(a)2. 2. Roadway maintenance including street sweeping and de-icer management. Permits may include requirements for de-icer usage tracking, equipment calibration, training, and de-icer reduction strategies.

NR 216.07(6)(a)3. 3. If appropriate, collection and management of leaf and grass clippings.

NR 216.07(6)(a)4. 4. Management of municipal garages, storage areas, and other municipal sources of pollution. Site-specific storm water pollution prevention plans shall be developed for sites with bulk storage piles, outdoor vehicle maintenance, fueling, outdoor material storage, uncovered dumpsters, composting, and other areas with discharges deemed by the department to be significant contributors of pollutants to waters of the state. Permits shall contain requirements for storm water pollution prevention plans that include the elements in s. NR 216.27 that are relevant to municipal sources of pollution.

NR 216.07(6)(a)5. 5. Management of the application of lawn and garden fertilizers on municipally controlled properties in accordance with s. NR 151.13 (1) (b) 3.

NR 216.07(6)(a)6. 6. Inspection, surveillance and monitoring procedures necessary to determine compliance and noncompliance with permit conditions.

NR 216.07(6)(a)7. 7. Adequate legal authority to require compliance with conditions in ordinances, permits, contracts or orders.

NR 216.07(6)(b) (b) An assessment of the actions taken under this subsection shall be conducted. The assessment shall include a pollutant-loading analysis using a model such as SLAMM, P8 or equivalent methodology that is approved by the department. At a minimum, a pollutant-loading analysis shall be conducted for total suspended solids and phosphorus. The department may require other parameters on a case-by-case basis.

NR 216.07 Note Note: The department believes that computer modeling is the most efficient and cost effective method for calculating pollutant loads. Pollutant loading models such as SLAMM, P8 or equivalent methodology may be used to evaluate the efficiency of the design in reducing total suspended solids. Information on how to access SLAMM and P8 is available at https://dnr.wisconsin.gov/topic/Stormwater/standards/slamm.html or contact the storm water program in the bureau of watershed management at [phone].

NR 216.07 Note Note: The pollutant-loading analysis may be limited to pollutants generated within the municipality.

NR 216.07(7) (7) Storm sewer system map. A sufficiently sized and detailed map with a scale suited for the level of detail depicting the following information:

NR 216.07(7)(a) (a) Identification and outline of the storm water drainage basins, the watersheds and municipal separate storm sewer systems. Other major municipal, government or privately owned storm water conveyance systems lying within, but not owned or operated by the permittee shall also be identified.

NR 216.07(7)(b) (b) A boundary defining the final urban storm water planning area and all municipal borders in the area.

NR 216.07(7)(c) (c) A list and location of all municipal storm sewer system outfalls discharging to waters of the state. Indicate the pipe size and identify those outfalls which are considered major outfalls.

NR 216.07(7)(d) (d) The location and permit number of any discharge to the municipal separate storm sewer system that has been issued a WPDES permit, or has filed a permit application with the department.

NR 216.07(7)(e) (e) The location of major structural controls for storm water discharges including retention basins, detention basins and major infiltration devices.

NR 216.07(7)(f) (f) Identification of publicly owned parks, recreational areas and other open lands.

NR 216.07(7)(g) (g) The location of publicly owned public works facilities.

NR 216.07(7)(h) (h) Other potential sources of pollutants.

NR 216.07(7)(i) (i) If the permittee is subject to a US EPA-approved TMDL, boundaries of applicable watersheds associated with a TMDL wasteload allocation.

NR 216.07(8) (8) Annual report. For the permittee’s first permit term of 5 years, submission of an annual report to the department. After the term of the first permit, the department may reduce annual reporting frequency but annual reports shall be filed in the 2nd and 4th years of the subsequent permit terms. Annual reports shall be submitted to the department using forms available from the department as specified under s. NR 216.006. The municipal governing body, interest groups and the general public shall be encouraged to review and comment on the annual report in accordance with sub. (2). The annual report shall include the following information:

NR 216.07(8)(a) (a) The status of implementing the permit requirements and compliance with permit schedules.

NR 216.07(8)(b) (b) A summary of activities to comply with subs. (6) and (10).

NR 216.07(8)(c) (c) A fiscal analysis which includes the annual expenditures and budget for the reporting year, and the budget for the next year.

NR 216.07(8)(d) (d) A summary of the number and nature of enforcement actions, and inspections conducted to comply with the required legal authorities.

NR 216.07(8)(e) (e) Identification of water quality improvements or degradation.

NR 216.07(8)(f) (f) If applicable, notice that the permittee is relying on another entity to satisfy some of the permit requirements as described in s. NR 216.075.

NR 216.07(8)(g) (g) An evaluation of the effectiveness of the components of the permittee’s storm water management program.

NR 216.07(8)(h) (h) A summary of the progress toward implementing identified actions and activities to comply with requirements of sub. (10) (d) and if applicable, any changes to the TMDL implementation plan.

NR 216.07(8)(i) (i) A summary of any proposed changes to the permittee’s storm water management programs created to comply with the requirements of subs. (1) to (6) and (10).

NR 216.07(8)(j) (j) For the annual report submitted in the 4th year of the permit term, the permittee shall also submit a fiscal evaluation summarizing program expenditures for the current permit term, projected program allocations for the subsequent permit term, and a list of planned modifications to storm water best management practices and programs necessary to comply with permit requirements or to achieve measurable goals.

NR 216.07(9) (9) Schedule of compliance. A compliance schedule for the permittee to fully develop, implement and enforce the requirements of this subchapter within 5 years after initial permit coverage is granted.

NR 216.07(10) (10) Other requirements.

NR 216.07(10)(a) (a) Urbanized area performance standards. Installation and maintenance of source area controls and regional best management practices to comply with the developed urban area performance standards of s. NR 151.13 (2) and the post-construction performance standards of ss. NR 151.12 to 151.128 and 151.24 to 151.249. The total suspended solids control requirements of s. NR 151.13 (2) (b) 1. b. may be achieved on a regional basis across an urbanized area or within the urban storm water planning area for a municipality.

NR 216.07(10)(b) (b) Impaired waters. For a permittee that discharges to an impaired waterbody but for which there is no US EPA-approved TMDL for the pollutant of concern, the permittee shall include a written section in its storm water management program that discusses the management practices and control measures it will implement as part of its program to reduce, with the goal of eliminating, the discharge of pollutants of concern that contribute to the impairment of the waterbody.

NR 216.07 Note Note: Every 2 years, the department updates and publishes a list of waters considered impaired under the Clean Water Act. The list is updated in even-numbered years. A list of Wisconsin impaired waterbodies may be found on the department website at: https://dnr.wisconsin.gov/topic/SurfaceWater/ConditionLists.html.

NR 216.07(10)(c) (c) US EPA-approved TMDL. If the permittee is subject to a US EPA-approved TMDL, the permittee shall evaluate its compliance with the applicable wasteload allocation consistent with the assumptions and requirements outlined in the TMDL. If the permittee cannot demonstrate compliance with the wasteload allocation within the first permit term, then the department may allow a permittee to develop a TMDL implementation plan that extends beyond one permit term for attaining the wasteload allocation. The implementation plan shall include estimated cost, schedules, assumptions, and levels of anticipated pollution control for each action. The TMDL implementation plan shall demonstrate continued progress leading to the attainment of the wasteload allocation as soon as possible. The department may establish numeric and narrative benchmarks within each permit term to ensure continued reduction of the pollutant of concern. In determining the length of time allowed under the TMDL implementation plan, the department shall consider all of the following factors:

NR 216.07(10)(c)1. 1. Whether there is a need for the installation of both structural best management practices and the implementation of operation and maintenance programs to attain the wasteload allocation, and if so, how long it will take to implement taking into account factors including the need to acquire property, the need to remove or replace existing infrastructure, and the ability to obtain the necessary financing.

NR 216.07(10)(c)2. 2. The length of time the permittee has had to attain the wasteload allocation under prior permits.

NR 216.07(10)(c)3. 3. The extent to which the permittee has made good faith efforts to attain the wasteload allocation and other requirements in prior permits, if applicable.

NR 216.07(10)(c)4. 4. The extent to which existing best management practices have proven to be effective in addressing the pollutant of concern covered by the wasteload allocation.

NR 216.07(10)(c)5. 5. Whether the TMDL implementation plan is appropriate and necessary because the permittee cannot attain the wasteload load allocations within the existing permit term.

NR 216.07 Note Note: The reports for department and US EPA approved TMDLs are available from the department website at: https://dnr.wi.gov/topic/TMDLs/tmdlreports.html.

NR 216.07(10)(d) (d) Assessment. A permittee shall conduct an assessment of the actions required to be taken under this subsection. The assessment shall include a pollutant-loading analysis using an urban water quality model that uses small storm hydrology or equivalent methodology that is approved by the department, or monitoring, trend analysis, or other appropriate qualitative or quantitative evaluation methods approved by the department. At a minimum, a pollutant-loading analysis shall be conducted for total suspended solids, phosphorus, any applicable pollutants of concern covered under an applicable US EPA-approved TMDL, and pollutants of concern discharged by the permittee to a listed impaired waterbody, ERW, or ORW.

NR 216.07 Note Note: The department believes that computer modeling provides an efficient and cost-effective method for calculating pollutant loads. Pollutant loading models such as WinSLAMM, P8, or equivalent methodology may be used to evaluate the efficiency of the design in reducing total suspended solids. Information on how to access WinSLAMM and P8 is available at https://dnr.wi.gov/topic/stormwater/standards/slamm.html.

NR 216.07(11) (11) Records. The permittee shall keep records relating to compliance with s. 283.33, Stats., this subchapter, or a permit issued under the subchapter for at least 3 years from the date of creation and make the records available to the public in accordance with subch. II of ch. 19, Stats.

NR 216.07 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; correction in (6) (a) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register January 2020 No. 769; CR 21-027: am. (intro.), (1) (a) (intro.), (5) (a), (6) (a) (intro.), 2., 4., cr. (7) (i), am. (8) (intro.), (b), cr. (8) (f) to (j), (10), (11) Register March 2022 No. 795, eff. 4-1-22; correction in (5) (a), (6) (a) (intro.), (10) (a) made under s. 35.17, Stats., Register March 2022 No. 795.

NR 216.075 NR 216.075 Reliance on another entity.

NR 216.075(1) (1) In this section, “another entity” or “other entity” means another permittee, unit of government, or organization that is separate and distinct from the permittee that is relying on another entity.

NR 216.075(2) (2) A permittee may rely on another entity to implement a minimum control measure or another requirement of a permit issued under this subchapter provided all the following conditions are met:

NR 216.075(2)(a) (a) The other entity implements the minimum control measure or permit requirement.

NR 216.075(2)(b) (b) The minimum control measure or requirement, or component thereof, is at least as stringent as the corresponding permit requirement.

NR 216.075(2)(c) (c) The other entity agrees to implement a minimum control measure or requirement on the permittee’s behalf, demonstrated by executing a formal written agreement signed by both parties’ authorized representatives. The agreement shall be explicit as to which specific minimum control measure or requirement is being implemented by the other entity. A copy of an executed agreement created under this section shall be submitted to the department upon the department’s request.

NR 216.075(2)(d) (d) The permittee remains responsible for the compliance with all permit obligations if the other entity fails to implement any minimum control measure or requirement provided for in an agreement under par. (c).

NR 216.075(3) (3) If the department finds that an agreement executed under sub. (2) (c) is deficient, does not meet the requirements of sub. (2), or does not meet a requirement of a permit issued under this subchapter, the permittee may not rely on the other entity to implement the minimum control measure or requirement.

NR 216.075(4) (4) If the department finds that the other entity does not effectively implement a minimum control measure or requirement pursuant to an agreement executed under this section, the permittee shall not rely on the other entity to implement the minimum control measure or requirement.

NR 216.075(5) (5) A permittee or other entity that terminates an agreement under this section shall notify the department within 5 business days of the termination. Upon termination, the permittee shall become responsible for implementing a minimum control measure or other requirement of a permit issued under this subchapter that was subject to an agreement under sub. (2) (c).

NR 216.075 History History: CR 21-027: cr. Register March 2022 No. 795, eff. 4-1-22.

NR 216.08 NR 216.08 Permit fees. A storm water discharge permit fee shall be paid annually by each permittee under this subchapter, and by each permittee whose WPDES permit incorporates storm water management requirements under this subchapter. Permit fees are due by June 30th each year. The fees shall be assessed according to the following schedule:

NR 216.08(1) (1) For city or village owned or operated municipal separate storm sewer systems, an annual permit fee shall be based on the total municipal population as reported by the latest U.S. bureau of the census decennial census. The population residing within an area served by a combined sewer outfall may not be included in determining the total municipal population for purposes of establishing the annual permit fee. For town owned or operated municipal separate storm sewer systems, an annual permit fee shall be based on the population within the urbanized area as defined by the U.S. census bureau. The annual permit fees are listed in Table 1.