Chapter NR 216

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.

NR 216.08(2) (2) For any other owner or operator of a municipal separate storm sewer system including county, state and federal systems, the fee shall be $500.

NR 216.08 Note Note: The annual permit fee is the same regardless of whether the municipal separate storm sewer system is covered under a general permit or an individual permit alone or with co-permittees. Municipal permit fees were established in order to administer the municipal permit program pursuant to s. 283.33 (9) (b), Stats.

NR 216.08 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.

NR 216.09 NR 216.09 Individual permit reapplication. In order to remain covered after the expiration date of an individual permit issued under this subchapter, a permittee shall reapply to the department at least 180 days prior to the expiration date of the permit for continued coverage under a reissued permit. Permittees shall include the elements listed in ss. NR 216.032 and 216.07 (8) (j) in the reapplication. If the permit is not reissued by the time the existing permit expires, the existing permit remains in effect.

NR 216.09 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; CR 21-027: am. Register March 2022 No. 795, eff. 4-1-22.

NR 216.10 NR 216.10 Authorized local program.

NR 216.10(1) (1) Purpose. The purpose of this section is to promote efficient and integrated implementation and oversight of the state and municipal construction site erosion control and storm water management requirements. A municipality covered under a permit issued under this subchapter with an authorized local program approved by the department shall review erosion and sediment control plans and post-construction storm water management plans to assure compliance with both local and state construction site erosion control and storm water management requirements. Authorized local programs shall streamline the review process for landowners and operators regulated by a municipal permittee under this subchapter and by the department under subch. III. Notwithstanding an approval of an authorized local program, the department retains its authority to conduct site inspections and take enforcement against individual landowners and operators for violations of subch. III.

NR 216.10(2) (2) Voluntary participation. Any municipality subject to a permit issued under this subchapter may apply to the department for approval of an authorized local program applicable to sites within the area covered by the municipality’s erosion and sediment control and post-construction storm water ordinances.

NR 216.10(3) (3) Authorized local program application and approval process.

NR 216.10(3)(a) (a) A municipality seeking approval from the department for an authorized local program shall submit an application on forms available from the department. Applications shall be submitted by October 1 of the year prior to anticipated operation of an authorized local program.

NR 216.10(3)(b) (b) The department shall review the application and any other relevant information and determine whether to authorize the local program. The department shall base its decision on the applicant’s ability to meet the requirements in subs. (5) and (6). The department shall notify the applicant in writing of its decision. If the application is denied, the department shall identify the reasons for denial.

NR 216.10(3)(c) (c) Department authorization of a local program shall remain effective until termination or discontinuation under sub. (10).

NR 216.10(4) (4) Coverage under state permit. A permittee or landowner of a construction site that is regulated by an authorized local program under this section and is required to be covered under a department construction site storm water discharge permit issued under subch. III shall comply with the requirements of the department’s permit. If the site does not meet the applicability criteria of the state construction site storm water discharge general permit, the provisions of s. NR 216.51 (5) shall apply. If coverage under the state general permit is revoked by the department, the provisions of s. NR 216.51 (4) and (5) shall apply. The department may enforce against the landowner of a construction site for violation of the permit.

NR 216.10(5) (5) Authorized local program requirements.

NR 216.10(5)(a) (a) The municipality shall have the legal authority and resources to implement and enforce the requirements of subch. III.

NR 216.10(5)(b) (b) The municipality shall adopt, implement and enforce an ordinance with erosion control and storm water management requirements that comply with the requirements of subchs. III and IV of ch. NR 151.

NR 216.10(5)(c) (c) The municipality shall implement a program to inform the public that it has an authorized local program under which landowners are to submit a notice of intent to discharge and erosion control and storm water management plans via the municipality.