NR 153.15(2)(ar) (ar) Best management practices to address a pollution source for which the department included a previous offer of cost sharing as part of a notice issued pursuant to ch. NR 151 and the management practices were not installed within the required compliance period.

NR 153.15(2)(b) (b) Routine operation and maintenance of best management practices. The department may provide cost sharing one time to re-establish an agricultural best management practice cost shared after October 1, 2002, that is damaged within the cost-share operation and maintenance period by natural causes beyond the control of the landowner or land operator.

NR 153.15(2)(d) (d) Significant expansions of livestock operations are not eligible for cost sharing. The department shall use the criteria in this paragraph for determining whether an increase in the size of the livestock population constitutes a significant expansion and is ineligible for cost sharing. In this paragraph, “livestock population size” means the size of the livestock population, in animal units. In this paragraph, “base livestock population size” means the livestock population size determined when the department or governmental unit, including a county land conservation committee, documents the size of the livestock population. In this paragraph, “animal unit” has the meaning given it in ch. NR 243.

NR 153.15(2)(d)1. 1. If the base livestock population size is less than or equal to 250 animal units, that portion of the expansion that results in a livestock population size exceeding 300 animal units is considered to be significant and ineligible for cost sharing under this chapter.

NR 153.15(2)(d)2. 2. If the base livestock population size is greater than 250 animal units but less than that required to apply for a WPDES permit under s. NR 243.12 (1) (a) or (b), and the expanded livestock population size will be less than that required to apply for a WPDES permit under s. NR 243.12 (1) (a) or (b), that portion of the expansion that is greater than 20% of the base livestock population size is considered to be significant and ineligible for cost sharing under this chapter.

NR 153.15(2)(d)3. 3. Any expansion to a base livestock population size that results in a livestock population size required to apply for a WPDES permit under s. NR 243.12 (1) (a) or (b) is considered to be significant and ineligible for cost sharing under this chapter, and shall also render the base livestock population component ineligible for cost sharing in accordance with par. (f) 2.

NR 153.15 Note Note: The department may not provide cost sharing under this chapter for activities requiring coverage under a WPDES permit for livestock operations.

NR 153.15(2)(e) (e) Best management practice installation activities conducted prior to the signing of the runoff management grant agreement and the cost-share agreement. This paragraph does not preclude the department from providing reimbursement for structural best management practice design work commenced or completed prior to signing the runoff management grant agreement and the cost-share agreement, provided that practice construction commences after the grant agreement is signed by all parties.

NR 153.15(2)(f) (f) Activities requiring coverage under a WPDES permit including any of the following:

NR 153.15(2)(f)1. 1. Activities requiring WPDES permit coverage at livestock operations with less than 1,000 animal units that have been issued a WPDES permit by the department under ch. 283, Stats. In this paragraph, “livestock operation” has the meaning given in s. 281.16 (1) (c), Stats. In this paragraph, “animal unit” has the meaning given in ch. NR 243.

NR 153.15(2)(f)2. 2. Activities requiring WPDES permit coverage at livestock operations that have, or will have within 12 months, at least 1,000 animal units and are required to apply for a WPDES permit under s. NR 243.12 (1) (a) or (b).

NR 153.15(2)(f)3. 3. All other activities requiring coverage under a WPDES permit issued under chs. NR 200 to 240 and 245 to 299 except for activities required of the city of Racine to comply with municipal storm water permit requirements under ch. NR 216.

NR 153.15 Note Note: A municipality required to comply with storm water permitting requirements under ch. NR 216 may apply for grant funding under ch. NR 155.

NR 153.15(2)(g) (g) Activities required as part of or as a condition of a license for a solid waste management site.

NR 153.15(2)(h) (h) Activities funded through state or federal grants for wastewater treatment plants.

NR 153.15(2)(i) (i) Active mining activities.

NR 153.15(2)(j) (j) Urban best management practices associated with new construction or new development, including the following:

NR 153.15(2)(j)1. 1. Construction site erosion control measures subject to the requirements of s. NR 151.11, except those required by this chapter to control erosion during construction of a best management practice.

NR 153.15(2)(j)2. 2. Post-construction storm water management practices for new development subject to the requirements of subch. III of ch. NR 151.

NR 153.15(2)(j)3. 3. The department may consider redevelopment of an existing development and in-fill to be either existing development or new development for purposes of this paragraph. In making its determination, the department shall consider the type of land cover within and adjacent to the development and the areal extent of the development.

NR 153.15(2)(j)4. 4. In this paragraph, “existing development” has the meaning given it in s. NR 151.002 (14g), “in-fill” has the meaning given it in s. NR 151.002 (18), and “new development” means development resulting from the conversion of previously undeveloped land or agricultural land uses initiated after October 1, 2004, or development for which a notice of intent was received by the department or the department of safety and professional services after October 1, 2004.

NR 153.15(2)(k) (k) Pollutant control measures needed during construction of highways and bridges.

NR 153.15(2)(L) (L) The planting of trees intended for commercial harvest.

NR 153.15(2)(m) (m) Installing, operating or repairing a small-scale on-site human domestic waste facility.

NR 153.15(2)(n) (n) Dredging of harbors, lakes, rivers and ditches.

NR 153.15(2)(o) (o) Installing dams, pipes, conveyance systems and urban best management practices, including storm sewer rerouting and land acquisition, when intended solely for flood control. In this paragraph, “dam” means any artificial barrier in or across a waterway, which has the primary purpose of impounding or diverting water. A dam includes all appurtenant works, such as a dike, canal or powerhouse.

NR 153.15(2)(p) (p) Practices other than those in ch. NR 154 that are normally and routinely used in growing crops and required for the growing of crops or the feeding of livestock.

NR 153.15(2)(q) (q) Practices whose purpose is to accelerate or increase the drainage of land or wetlands, except where drainage is required as a component of a best management practice.

NR 153.15(2)(r) (r) Practices to control spills from commercial bulk storage of pesticides, fertilizers, petroleum and similar materials required by ch. ATCP 33 or other administrative rules.