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 NoteNote: 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 NoteNote: 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 HistoryHistory: 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 151.004NR 151.004State 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 NoteNote: 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 NoteNote: 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 HistoryHistory: 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 151.005NR 151.005Performance 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 HistoryHistory: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.
NR 151.006NR 151.006Applicability 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 HistoryHistory: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.
subch. II of ch. NR 151Subchapter II — Agricultural Performance Standards and Prohibitions
NR 151.01NR 151.01Purpose. The purpose of this subchapter is to prescribe performance standards and prohibitions in accordance with the implementation and enforcement procedures contained in ss. NR 151.09 and 151.095 for agricultural facilities, operations and practices.
NR 151.01 HistoryHistory: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02.
NR 151.015NR 151.015Definitions. In this subchapter:
NR 151.015(1)(1)“Accounting period” means the crop rotation period over which compliance is measured and consists of the current year and extends back the previous 7 years moving forward each consecutive year creating a rolling time period not to exceed 8 years.
NR 151.015(2)(2)“Closed depression” means a topographical basin where water ponds to a seasonal high water mark, has no external drainage, and drainage may occur either through direct conduits to groundwater or low areas where water ponds and infiltrates into the groundwater. Closed depressions may be identified using topographic maps and visual interpretation, ArcGIS tools, or other methods. A seasonal high water mark may include, but is not limited to, areas that collect and retain water for extended time periods (days or weeks) that result in areas of reduced or no crop growth.
NR 151.015(2m)(2m)“Concentrated flow channel” means a natural channel or constructed channel that has been shaped or graded to required dimensions and established in perennial vegetation for the stable conveyance of runoff. Concentrated flow channel may also include non-vegetated channels caused by ephemeral erosion, intermittent streams, drainage ditches, and drainage ends identified on the NRCS soil survey and may be identified as contiguous up-gradient deflections of contour lines on the USGS 1:24,000 scale topographic map.
NR 151.015(3)(3)“Conservation practice” means a best management practice designed to reduce or prevent soil or sediment loss to the waters of the state.