Chapter NR 216

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.

NR 216.10(5)(d) (d) The program requirements in this subsection and subs. (6) to (8) may be provided through municipal staff, intergovernmental agreements or use of professional service contracts.

NR 216.10(5)(e) (e) An authorized local program under this subsection shall include procedures to satisfy local and department NOI requirements under sub. (6). These procedures shall include transmittal of permit NOI materials to the department and acknowledgement of receipt by the department prior to notifying the landowner that permit coverage has been conveyed to the landowner by both entities.

NR 216.10(5)(f) (f) The municipality shall review all 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.

NR 216.10(5)(g) (g) The authorized local program shall have procedures for notifying the department of non-compliance with provisions in subch. III which are not corrected by the permittee within 14 days.

NR 216.10(6) (6) Notice of intent. For construction sites regulated under this section, all of the following apply:

NR 216.10(6)(a) (a) The landowners of a construction site that is regulated by an authorized local program shall submit to the authorized local program a notice of intent using either the department’s forms or an equivalent department and municipal joint application form to request municipal erosion control and storm water management approval. An equivalent department and municipal joint application form shall comply with the signature requirements under s. NR 216.43 (3).

NR 216.10(6)(b) (b)

NR 216.10(6)(b)1. 1. The 14-working day timeline for permit coverage authorization granted under s. NR 216.44 does not apply to construction sites regulated by an authorized local program under this section.

NR 216.10(6)(b)2. 2. The landowners who submit the notice of intent or equivalent department and municipal joint application under par. (a) shall submit the notice of intent to the municipality operating the authorized local program at least 30 calendar days prior to the anticipated commencement of any land disturbing construction activities. The municipality shall provide the application to the department 14 business days before the end of the 30-day period or before granting coverage, whichever occurs earlier. Unless notified to the contrary by the municipality or the department, a landowner who has submitted a notice of intent or equivalent application in accordance with this section is authorized to discharge storm water from a construction site under the terms and conditions of the department’s general construction site storm water discharge permit 30 calendar days after the date that the municipality operating the authorized local program receives the notice of intent or equivalent application. The municipality may grant coverage to a landowner in a period of less than 30 days.

NR 216.10(7) (7) Site review. A municipality operating an authorized local program shall perform all of the following for notice of intent approval under this section:

NR 216.10(7)(a) (a) Using information made available by the department, screen applications to identify projects that may be affected by any of the following:

NR 216.10(7)(a)1. 1. Wetland water quality standards provisions in ch. NR 103.

NR 216.10(7)(a)2. 2. Endangered and threatened resource protection requirements of s. 29.604, Stats., and ch. NR 27.

NR 216.10(7)(a)3. 3. Rules pertaining to any historic property that is a listed property, on the inventory or on the list of locally designated historic places under s. 44.45, Stats.

NR 216.10 Note Note: Historic properties include archaeological sites, burial sites and historic structures. The municipality screens projects to help landowners identify conflicts with the requirements listed under par. (a), but it is the landowner’s responsibility to meet the requirements listed under par. (a) regardless of whether or not the authorized local program identifies concerns.

NR 216.10(7)(b) (b) Where the municipality identifies that a proposed construction site may be affected by requirements listed under par. (a), direct the landowner to the appropriate state agency to resolve concerns or obtain proper authorization as appropriate.

NR 216.10 Note Note: The construction site storm water discharge permit issued pursuant to subch. III expressly requires that the construction project be conducted in accordance with the requirements listed under par. (a).

NR 216.10(7)(c) (c) Review proposed projects for compliance with the municipality’s erosion control and storm water management ordinance.

NR 216.10 Note Note: Projects that require a permit under ch. 30, Stats., water quality certification, a wetland fill permit, or other permits and approvals for work within waterways or wetlands are not included in an authorized local program approved by the department and landowners must apply and obtain those permits and approvals from the appropriate department regulatory programs.

NR 216.10(8) (8) Records, annual report and fees.

NR 216.10(8)(a) (a) The municipality shall maintain records of notices of intent, inspections, and other relevant information necessary to administer an authorized local program.

NR 216.10(8)(b) (b) The municipality shall submit a written annual report to the department by March 31 of each year, based on the activities undertaken during the previous calendar year of authorized local program operation. The annual report shall include the following:

NR 216.10(8)(b)1. 1. Name, address and phone number of person responsible for administering the municipality’s authorized local program.

NR 216.10(8)(b)2. 2. Construction project names and legal address of projects that have been approved under this section in the previous calendar year.

NR 216.10(8)(b)3. 3. The number of construction site inspections performed and a summary of enforcement actions taken.

NR 216.10(8)(c) (c) The application fee payable by the landowner to the department under s. NR 216.43 (2) is waived for each landowner who applies to an authorized local program, and in lieu of these individual payments, the municipality shall submit an annual fee to the department. This fee shall be paid by March 31 based on the previous calendar year of operation as an authorized local program. The annual fee is $75.00 for each construction site that the municipality approves under this section during the previous calendar year but in no case less than $500 nor more than $3,500 in total.

NR 216.10(9) (9) Department audit.

NR 216.10(9)(a) (a) The municipality shall provide the department with relevant information requested by the department to evaluate the municipality’s effectiveness in administering its authorized local program.

NR 216.10(9)(b) (b) The municipality shall cooperate with the department in performing site inspections.

NR 216.10(10) (10) Program termination.

NR 216.10(10)(a) (a) To voluntarily discontinue operation of an authorized local program, a municipality shall do all of the following:

NR 216.10(10)(a)1. 1. Notify the department by letter of program termination at least 30 days prior to discontinuation of an authorized local program and include reasons for termination.

NR 216.10(10)(a)2. 2. Inform landowners of construction sites and the public at least 30 days prior to discontinuation of an authorized local program. The notice shall include the effective date of program termination and the requirement to submit a notice of intent directly to the department for all projects requiring coverage under subch. III following that date.

NR 216.10(10)(a)3. 3. Send the department a copy of all pending construction site notices of intent and other relevant information.

NR 216.10(10)(a)4. 4. Provide the department with the annual report as required under sub. (8) (b).

NR 216.10(10)(a)5. 5. Provide the department with its shared notice of intent revenue for projects that the municipality granted coverage to over the past calendar year in accordance with sub. (8) (c).

NR 216.10(10)(b) (b) The department shall notify a municipality of any deficiencies in complying with the authorized local program requirements of this section. The municipality shall be given a reasonable opportunity to correct deficiencies in complying with this section. If the municipality is unable to correct deficiencies or the department determines that the municipality has had continued occurrences of noncompliance with the requirements of this section, the department may terminate the authorization of a municipality’s local program. The department shall notify the municipality by letter at least 30 days prior to termination.

NR 216.10 History History: CR 21-027: NR 216.10 (1) to (5) renum. from NR 216.415 (1) to (5) and as renumbered, am. (1), (2), (3) (title), (b), (4), (5) (title), (a), (c), cr. (5) (e) to (g), NR 216.10 (6) (title), (intro.), (a), (b), (7) to (10) renum. from NR 216.415 (6) (title), (intro.), (b), (c), (7) to (10) and, as renumbered, am. (6) (title), (a), (b) 2., (7) (intro.), (8) (a), (b) (intro.), 2., 3., (10) (a) (intro.), 2., 3., 5. Register March 2022 No. 795, eff. 4-1-22; correction in (4), (8) (b) 2., (10) (a) 5. made under s. 35.17, Stats., Register March 2022 No. 795.

subch. II of ch. NR 216 Subchapter II — Industrial Storm Water Discharge Permits

NR 216.20 NR 216.20 Purpose. This subchapter establishes criteria for identifying industrial discharges that require a WPDES storm water permit, application requirements, permit requirements and permit fees, as required by s. 283.33, Stats.

NR 216.20 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.

NR 216.21 NR 216.21 Applicability and exclusions.

NR 216.21(1) (1) Point sources. This subchapter applies to point sources which discharge storm water associated with industrial activity to the waters of the state, either directly or via a separate storm sewer system.

NR 216.21(2) (2) Categories. This subchapter applies to discharges originating from the industrial facilities belonging to categories identified in pars. (a) and (b).

NR 216.21(2)(a) (a) Tier 1 categories include all of the following:

NR 216.21(2)(a)1. 1. Heavy manufacturers defined by their primary Standard Industrial Classification (SIC) Code, which represents the primary income-producing activity at the facility, listed in Table 1:

NR 216.21 Note Note: Facilities in SIC Codes 2434, 2650-2659, 2670-2679, 2830-2839, 2850-2859, 2951, 3230-3239, 3271-3273 are included in s. NR 216.21(2)(b).

NR 216.21(2)(a)2. 2. Facilities involved in the recycling of materials such as metal scrap yards, battery reclaimers, salvage yards and automobile junk yards, including those classified in SIC Codes 5015 and 5093.

NR 216.21(2)(a)3. 3. Facilities with bulk storage piles for coal, metallic and non-metallic minerals and ores, and scrap not otherwise covered under this subchapter, such as those associated with freight transportation, SIC Code 4400-4499, and wholesale trade, SIC Code 5052.

NR 216.21(2)(b) (b) Tier 2 categories include all of the following:

NR 216.21(2)(b)1. 1. Manufacturing facilities defined by Table 2: