NR 151.002(42)(c)(c) Is not part of a publicly owned wastewater treatment works that provides secondary or more stringent treatment.

NR 151.002(42)(d)(d) Discharges directly or indirectly to waters of the state.

NR 151.002(42m)(42m) “Silviculture activity” means activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.

NR 151.002(43)(43) “Storm water management plan” means a comprehensive plan designed to reduce the discharge of pollutants from storm water, after the site has undergone final stabilization, following completion of the construction activity.

NR 151.002(44)(44) “Targeted performance standard” means a performance standard that will apply in a specific area, where additional practices beyond those contained in this chapter, are necessary to meet water quality standards.

NR 151.002(45)(45) “Technical standard” means a document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.

NR 151.002(46)(46) “Top of the channel” means an edge, or point on the landscape landward from the ordinary high water mark of a surface water of the state, where the slope of the land begins to be less than 12% continually for at least 50 feet. If the slope of the land is 12% or less continually for the initial 50 feet landward from the ordinary high water mark, the top of the channel is the ordinary high water mark.

NR 151.002(46m)(46m) “Total maximum daily load” or “TMDL” means the amount of pollutants specified as a function of one or more water quality parameters, that can be discharged per day into a water quality limited segment and still ensure attainment of the applicable water quality standard.

NR 151.002(47)(47) “TR-55” means the United States department of agriculture, natural resources conservation service (previously soil conservation service), Urban Hydrology for Small Watersheds, Second Edition, Technical Release 55, June 1986, which is incorporated by reference for this chapter.

NR 151.002 NoteNote: Copies of this document may be inspected at the offices of the department’s bureau of watershed management, the natural resources conservation service, the secretary of state, and the legislative reference bureau, all in Madison, WI.

NR 151.002(48)(48) “Transportation facility” means a highway, a railroad, a public mass transit facility, a public-use airport, a public trail or any other public work for transportation purposes such as harbor improvements under s. 85.095 (1) (b), Stats. “Transportation facility” does not include building sites for the construction of public buildings and buildings that are places of employment that are regulated by the department pursuant to s. 281.33, Stats.

NR 151.002(49)(49) “Type II distribution” means a rainfall type curve as established in the “United States Department of Agriculture, Soil Conservation Service, Technical Paper 149, published 1973”, which is incorporated by reference for this chapter. The Type II curve is applicable to all of Wisconsin and represents the most intense storm pattern.

NR 151.002(51)(51) “WPDES permit” means a Wisconsin pollutant discharge elimination system permit issued under ch. 283, Stats.

NR 151.002 HistoryHistory: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (3), (6), (17), (18), (25), (42) (c), cr. (11m), (14g), (14r), (16m), (42m), (46m), (49m), r. (21) Register December 2010 No. 660, eff. 1-1-11; corrections in (48) made under s. 13.92 (4) (b) 6. and 7., Stats., Register December 2010 No. 660.

NR 151.003(1)(1) Non-navigable waters. For purposes of determining compliance with the performance standards of subchs. III and IV, the department may give credit for BMPs that function to provide treatment for runoff from existing development and post-construction runoff from new development, redevelopment, and in-fill development and that are located within non-navigable waters.

NR 151.003(2)(a)(a) New development runoff. Except as allowed under par. (b), BMPs designed to treat post-construction runoff from new development may not be located in navigable waters and, for purposes of determining compliance with the performance standards of subchs. III and IV, the department may not give credit for such BMPs.

NR 151.003(2)(b)(b) New development runoff exemption. BMPs to treat post-construction runoff from new development may be located within navigable waters and may be creditable by the department under subchs. III and IV, if all the following are met:

NR 151.003(2)(b)1.1. The BMP was constructed prior to October 1, 2002, and received all applicable permits.

NR 151.003(2)(b)2.2. The BMP functions or will function to provide runoff treatment for the new development.

NR 151.003(2)(c)(c) Existing development and post-construction runoff from redevelopment and in-fill development. Except as provided in par. (d), BMPs that function to provide runoff treatment for existing development and post-construction runoff from redevelopment and in-fill development may not be located in navigable waters and, for purposes of determining compliance with the performance standards of subchs. III and IV, the department may not give credit for such BMPs.

NR 151.003(2)(d)(d) Existing development and post-construction runoff from redevelopment and in-fill development exemption. BMPs that function to provide treatment of runoff from existing development and post-construction runoff from redevelopment and in-fill development may be located within navigable waters and may be creditable by the department under subchs. III and IV, if any of the following are met:

NR 151.003(2)(d)1.1. The BMP was constructed, contracts were signed or bids advertised and all applicable permits were received prior to January 1, 2011.

NR 151.003(2)(d)2.2. The BMP is on an intermittent waterway and all applicable permits are received.