NR 151.002(49m) (49m) “US EPA” means the United States environmental protection agency.

NR 151.002(50) (50) “Waters of the state” has the meaning given in s. 283.01 (20), Stats.

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

NR 151.002 History History: 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 NR 151.003 BMP Location.

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) (2) 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.

NR 151.003 Note Note: An intermittent waterway may be identified on a United States geological survey 7.5-minute series topographic map, a county soil survey map, the Surface Water Data Viewer Map, 24K hydro layer on the department’s website, or determined by the department through a site evaluation, whichever is more current. The Surface Water Data Viewer Map, 24K hydro layer is available at http://dnr.wi.gov/topic/surfacewater/swdv/.

NR 151.003(3) (3) Credit. The amount of credit that the department may give a BMP for purposes of determining compliance with the performance standards of subchs. III and IV is limited to the treatment capability of the BMP.

NR 151.003 Note Note: This section does not supersede any other applicable federal, state, or local regulation such as ch. NR 103 or ch. 30, Stats. Federal, state, and local permits or approvals may be required to excavate, dredge, fill, or construct BMPs in or near wetlands, non-navigable or navigable waters. Other permits and approvals may not be authorized where the BMP construction will result in adverse environmental impacts to the waterway or wetland.

NR 151.003 History History: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: r. and recr. Register December 2010 No. 660, eff. 1-1-11.

NR 151.004 NR 151.004 State targeted performance standards. Implementation of the statewide performance standards and prohibitions in this chapter may not be sufficient to achieve water quality standards under chs. NR 102 to 105 or groundwater standards under ch. NR 140. In those cases, using modeling or monitoring, the department shall determine if a specific waterbody or area will not attain water quality standards or groundwater standards after substantial implementation of the performance standards and prohibitions in this chapter. If the department finds that water quality standards or groundwater standards will not be attained using statewide performance standards and prohibitions but the implementation of targeted performance standards would attain water quality standards or groundwater standards, the department shall promulgate the targeted performance standards by rule.

NR 151.004 Note Note: Pursuant to s. 281.16 (2) (a) and (3) (a), Stats., the performance standards shall be designed to meet state water quality standards.

NR 151.004 Note Note: Pursuant to s. 281.16 (3), Stats., the department of agriculture, trade and consumer protection shall develop or specify the best management practices, conservation practices or technical standards used to demonstrate compliance with a performance standard developed under s. NR 151.004.

NR 151.004 History History: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. Register December 2010 No. 660, eff. 1-1-11.

NR 151.005 NR 151.005 Performance standard for total maximum daily loads. A crop producer or livestock producer subject to this chapter shall reduce discharges of pollutants from a livestock facility or cropland to surface waters if necessary to meet a load allocation in a US EPA and state approved TMDL.

NR 151.005(1) (1) A crop producer or livestock producer subject to this chapter shall use the best management practices, conservation practices, or technical standards established under ch. ATCP 50 to meet a load allocation in a US EPA and state approved TMDL.

NR 151.005(2) (2) If compliance with a more stringent or additional performance standard, other than the performance standards contained in this chapter, is required for crop producers or livestock producers to meet a load allocation in a US EPA and state approved TMDL, the department shall use the procedure in s. NR 151.004 to promulgate the more stringent or additional performance standard before compliance is required.

NR 151.005 History History: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.

NR 151.006 NR 151.006 Applicability of maximum extent practicable. Maximum extent practicable applies when a person who is subject to a performance standard of subchs. III and IV demonstrates to the department’s satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, an applicant shall take into account the best available technology, cost effectiveness, geographic features, and other competing interests such as protection of public safety and welfare, protection of endangered and threatened resources, and preservation of historic properties.

NR 151.006 History History: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.