Chapter NR 216

NR 216.21(3)(e)3.k. k. Particulate matter or visible deposits of residuals from roof stacks or vents not otherwise regulated such as under an air quality control permit, and evident in the storm water outflow.

NR 216.21(3)(e)4. 4. All “no exposure” certifications shall include the following certification statement, and be signed in accordance with the signatory requirements of s. NR 216.22 (7): “I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of “no exposure” and obtaining an exclusion from permitting requirements under subch. II of ch. NR 216; and that there are no discharges of storm water contaminated by exposure to industrial activities or materials from the industrial facility identified in this document, except as allowed under s. NR 216.21 (3) (c). I understand that I am obligated to submit a “no exposure” certification form once every five years to the department and, if requested, to the operator of the local MS4 into which this facility discharges (where applicable). I understand that I must allow the department or MS4 operator where the discharge is into the local MS4, to perform inspections to confirm the condition of no exposure and to make such inspection reports publicly available upon request. I understand that I must obtain permit coverage under subch. II of ch. NR 216, prior to any point source discharge of storm water from the facility. I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based upon my inquiry of the person or persons who manage the system, or those persons directly involved in gathering the information, the information submitted is to the best of my knowledge and belief true, accurate and complete. I am aware there are significant penalties for submitting false information, including the possibility of fine and imprisonment.”

NR 216.21(5) (5) Exclusions. This subchapter does not apply to any of the following:

NR 216.21(5)(a) (a) Diffused surface drainage or agricultural storm water discharges.

NR 216.21(5)(b) (b) Non-storm water discharges at the outfall covered under an individual or general WPDES permit, including contact cooling water, non-contact cooling water, other process wastewaters or sewage.

NR 216.21(5)(c) (c) Non-storm water discharges at an outfall for which coverage under an individual or general WPDES permit is not required, including 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 and fire fighting.

NR 216.21(5)(d) (d) Inactive, closed or capped landfills that have no potential for contamination of storm water. The department shall make a determination of contamination potential on a case-by-case basis.

NR 216.21(5)(e) (e) Remedial action discharges or discharges authorized by a WPDES permit for discharging contaminated or uncontaminated groundwater.

NR 216.21(5)(f) (f) Discharges of hazardous substances that are required to be reported under ch. NR 706.

NR 216.21(5)(g) (g) Areas located on plant lands that are segregated from the industrial activities of the plant, such as office buildings and accompanying parking lots, if the drainage from the segregated areas is not mixed with contaminated storm water drainage.

NR 216.21(5)(h) (h) Storm water discharges into a municipal combined sewer system.

NR 216.21 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; CR 21-027: am. (2) (b) 1., 7., (3) (b) 3., (e) 2., r. (4) Register March 2022 No. 795, eff. 4-1-22.

NR 216.22 NR 216.22 Application requirements.

NR 216.22(1) (1) Applicability. The owner or operator of a facility type listed in s. NR 216.21 (2) shall apply for a storm water discharge permit unless the owner or operator is eligible for and has submitted a conditional “no exposure” certification in accordance with s. NR 216.21 (3).

NR 216.22(2) (2) Date of application. Persons proposing to discharge storm water shall submit a notice of intent to the department as follows:

NR 216.22(2)(a) (a) For proposed facilities that will undergo one or more acres of land disturbing construction activities as part of their construction, at least 14 working days prior to initiating land disturbing construction activities at the site.

NR 216.22 Note Note: This submittal timeline is consistent with the requirement to develop erosion control and storm water management plans and submit a notice of intent under subch. III.

NR 216.22(2)(b) (b) For all other facilities, at least 14 working days prior to initiating industrial operations.

NR 216.22 Note Note: Where an existing facility is covered under a storm water discharge permit, permit coverage may be transferred to a new owner in accordance with s. NR 216.31.

NR 216.22(4) (4) Forms. Notices of intent shall be submitted to the department using forms available from the department as specified in s. NR 216.006.

NR 216.22 Note Note: Notice of intent forms are available from the department website at http://dnr.wi.gov/topic/stormwater/industrial/forms.html or by calling 1-888-936-7463.

NR 216.22(5) (5) Permit type criteria.

NR 216.22(5)(a) (a) The department shall evaluate the information submitted on the notice of intent to determine whether a facility should be covered under a general or individual storm water discharge permit under s. 283.31 or 283.33, Stats.; or whether coverage under a permit should be denied. A letter shall be sent to the applicant when permit coverage is granted. The letter granting coverage shall indicate the date upon which coverage under the permit becomes effective at the facility. If permit coverage is denied, a letter shall be sent to the applicant with the reason for denial.

NR 216.22(5)(b) (b) The basis for determining coverage under a general or individual storm water discharge permit and the tier type shall be based on a comparison of notice of intent information on SIC code, industrial activity and the discharge of contaminated storm water, to the categories identified in s. NR 216.21 (2).

NR 216.22(5)(c) (c) If a facility has a WPDES permit, the department may choose to regulate storm water discharges under that permit.

NR 216.22(6) (6) Additional information. The department may require more information than what is provided in the notice of intent in order to determine if coverage under a general permit is appropriate. The applicant shall provide additional information requested by the department within 30 days from receipt of notification by the department.

NR 216.22(7) (7) Signature. The notice of intent shall be signed as follows:

NR 216.22(7)(a) (a) In the case of a corporation, by a principal executive officer of at least the level of vice-president, or by the officer’s authorized representative having overall responsibility for the operation of the site for which permit coverage is sought.

NR 216.22(7)(b) (b) In the case of a unit of government, by a principal executive officer, a ranking elected official, or other duly authorized representative.

NR 216.22(7)(c) (c) In the case of a partnership, by a general partner.

NR 216.22(7)(d) (d) In the case of a sole proprietorship, by the proprietor.

NR 216.22(7)(e) (e) In the case of a limited liability company, by a member or manager.

NR 216.22(8) (8) Deficient application. The department may require an applicant to submit data necessary to complete any deficient notice of intent or may require the applicant to submit a new notice of intent where the deficiencies are extensive or the appropriate form has not been used.

NR 216.22(9) (9) Reapplication. When a general storm water discharge permit is reissued, the department may require the owner or operator of a previously covered facility to submit a new notice of intent in order to determine continued applicability of the permit.

NR 216.22 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; CR 21-027: am. (4) Register March 2022 No. 795, eff. 4-1-22.

NR 216.23 NR 216.23 Permit coverage.

NR 216.23(1) (1) Tier 1 general permit. The department may issue a statewide general permit to cover all tier 1 type storm water discharges where the discharges are not covered by an industry-specific general permit issued pursuant to s. NR 216.24, or by an individual permit issued pursuant to s. 283.31 or 283.33, Stats.

NR 216.23(2) (2) Tier 2 general permit. The department may issue a statewide general permit to cover all tier 2 type storm water discharges where the discharges are not covered by an industry-specific general permit issued pursuant to s. NR 216.24, or by an individual permit issued pursuant to s. 283.31 or 283.33, Stats.

NR 216.23(3) (3) Changing to tier 2.

NR 216.23(3)(a) (a) A permittee covered by a tier 1 general industrial storm water discharge permit issued under this section, or a permit issued under s. NR 216.24, may request that the department consider converting the permittee’s coverage to a tier 2 general industrial storm water discharge permit if all of the following occur:

NR 216.23(3)(a)1. 1. The process or operation is managed so that no storm water is contaminated with any of the pollutants identified in s. NR 216.27 (3) (j).

NR 216.23(3)(a)2. 2. The permittee certifies that there is no unauthorized discharge at the outfall.

NR 216.23(3)(a)3. 3. The permittee has completed a minimum of 3 years of industrial activity under a SWPPP, with no confirmed problems identified by public complaint or the annual facility site compliance inspection reports required under s. NR 216.29 (2).

NR 216.23(3)(b) (b) The department may elect to cover any industrial storm water discharge under a tier 2 general permit where the department determines that a tier 2 general permit is appropriate.

NR 216.23(4) (4) Changing to tier 1. If the department determines that a facility or an industrial activity covered under a tier 2 general permit may be discharging storm water contaminated with pollutants listed in s. NR 216.27 (3) (j), the department may require that the facility or activity be covered by a tier 1 general permit.

NR 216.23 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.

NR 216.24 NR 216.24 Industry-specific general permits.

NR 216.24(1) (1) Industry-specific permits. In addition to statewide general permits issued under s. NR 216.23 (1) or (2), the department may issue industry-specific general storm water discharge permits to one or more categories of industries identified in s. NR 216.21 (2).

NR 216.24(2) (2) Requirements. Industry-specific general industrial storm water discharge permits shall differ from the statewide storm water general permits by factoring in characteristics common to the industry including the characteristic that requirements of the permit may contain phased source area control compliance schedules.

NR 216.24(3) (3) Cooperative compliance program.

NR 216.24(3)(a) (a) The department may allow a permittee to participate in a program to assist the facility with maintaining compliance with an industry-specific permit. The department may waive certain requirements of this subchapter via permit in exchange for alternative requirements such as mandatory education and a facility inspection program that the department finds to be equivalent or more effective at controlling pollution from storm water runoff.

NR 216.24(3)(b) (b) The department may terminate a cooperative compliance program if it finds that the program is ineffective.

NR 216.24 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.

NR 216.25 NR 216.25 Individual permit.

NR 216.25(1) (1) Permit requirements. Requirements of an individual WPDES permit issued under s. 283.31 or 283.33, Stats., shall be consistent with similar requirements in general storm water discharge permits, except where the department determines that more stringent requirements are necessary to meet a performance standard of ch. NR 151 or a water quality standard. The department may require that specific source area controls be used as a requirement of an individual permit.

NR 216.25(2) (2) Effluent limitations. A facility covered by an individual WPDES storm water permit under s. 283.33 (1) (d), Stats., may be subject to an effluent limitation for a point source discharge, as defined in s. 283.01 (6), Stats., for storm water discharge.

NR 216.25(3) (3) Individual permit coverage. If it determines that one or more of the following conditions are met, the department may require that a storm water discharge be covered by an individual WPDES permit under s. 283.31 or 283.33, Stats.:

NR 216.25(3)(a) (a) The storm water discharge is a significant source of pollution and more appropriately regulated by an individual WPDES storm water permit.

NR 216.25(3)(b) (b) The storm water discharger is not in compliance with the terms and conditions of this chapter, or a general storm water discharge permit issued under this subchapter.

NR 216.25(3)(c) (c) Effluent limitations or standards are promulgated for a storm water discharge.

NR 216.25(4) (4) Petition. Any person may submit a written request to the department that it take action under this section.

NR 216.25(5) (5) Revocation of general permit coverage. If the department determines that an industrial facility should be covered by an individual WPDES permit, the department shall explain its decision in writing to the permittee prior to revoking general permit coverage and issuing an individual WPDES permit.

NR 216.25 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.

NR 216.27 NR 216.27 Storm water pollution prevention plan.

NR 216.27(1) (1) Applicability. Any person who owns or operates an industrial activity with a storm water discharge subject to the applicability requirements of s. NR 216.21 (2) that does not qualify for a no exposure certification under s. NR 216.21 (3) shall prepare and implement an SWPPP under this section.

NR 216.27(2) (2) Incorporation by reference. When plans are developed or activities conducted in accordance with other federal, state or local regulatory programs that meet the requirements of this section, the plans may be incorporated into the SWPPP by reference.

NR 216.27(3) (3) Plan requirements. The SWPPP shall contain, at a minimum, the following items and provisions:

NR 216.27(3)(a) (a) The SWPPP shall identify by job title the specific individual who has primary responsibility for all aspects of SWPPP development and implementation and identify any other individuals concerned with SWPPP development or implementation, and their respective roles. The specific individual who has primary responsibility shall develop, evaluate, maintain and revise the SWPPP; and carry out the specific management actions identified in the SWPPP, including: maintenance practices, monitoring activities, preparing and submitting reports and serving as facility contact for the department.

NR 216.27(3)(b) (b) The SWPPP shall contain a short summary of the major activities conducted at various locations throughout the facility.

NR 216.27(3)(c) (c) The SWPPP shall include a drainage base map depicting all of the following:

NR 216.27(3)(c)1. 1. How storm water drains on, through and from the facility to groundwater, surface water or wetlands.

NR 216.27(3)(c)2. 2. The facility property.

NR 216.27(3)(c)3. 3. A depiction of the storm drainage collection and disposal system including all surface and subsurface conveyances.

NR 216.27(3)(c)4. 4. Any secondary containment structures.

NR 216.27(3)(c)5. 5. The location of all outfalls that discharge channelized flow to surface water, ground water or wetlands, including outfalls recognized as permitted outfalls under another WPDES permit, numbered for reference.

NR 216.27(3)(c)6. 6. The drainage area boundary for each outfall.

NR 216.27(3)(c)7. 7. The surface area in acres draining to each outfall, including the percentage that is impervious such as paved, roofed or highly compacted soil, and the percentage that is pervious such as grassy areas and woods.

NR 216.27(3)(c)8. 8. Existing structural storm water controls.

NR 216.27(3)(c)9. 9. The name and location of receiving waters. Also identify receiving waters, including downstream waters, that are designated as ERW, ORW, or impaired waters.

NR 216.27 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 .

NR 216.27(3)(c)10. 10. The location of activities and materials that have the potential to contaminate storm water.

NR 216.27(3)(d) (d) The SWPPP shall summarize any results of available storm water sampling data or other observations that characterize the quality of storm water discharges or identifying sources of storm water contamination. Available data that characterizes the quality of storm drainage discharges under dry weather flow conditions shall also be included, except when the data has been or will be reported to the department under another WPDES permit.

NR 216.27(3)(e) (e) The SWPPP shall identify all potential source areas of storm water contamination including:

NR 216.27(3)(e)1. 1. Outdoor manufacturing areas.

NR 216.27(3)(e)2. 2. Rooftops contaminated by industrial activity.

NR 216.27(3)(e)3. 3. Industrial plant yards.

NR 216.27(3)(e)4. 4. Storage and maintenance areas for material handling equipment.

NR 216.27(3)(e)5. 5. Immediate access roads and rail lines.

NR 216.27(3)(e)6. 6. Material handling sites including storage, loading, unloading, transportation, or conveyance of any raw material, finished product, intermediate product and by-product or waste areas.