NR 216.27(3)(j)4. 4. Any other toxic or hazardous pollutants from present or past activity at the site that remain in contact with precipitation or storm water and which could be discharged to the waters of the state and which are not regulated by another environmental program.

NR 216.27(3)(j)5. 5. Any of the following parameters that might be present in significant concentrations: oil and grease; acids or bases; total suspended solids; 5-day biological oxygen demand; chemical oxygen demand.

NR 216.27(3)(j)6. 6. Any pollutant identified as contributing to the impairment if the facility discharges to an impaired water.

NR 216.27(3)(k) (k) When source area control best management practices are not feasible, not cost effective or are inadequate to control storm water pollution, or when the department determines source area control best management practices are inadequate to achieve a water quality standard, the SWPPP shall prescribe appropriate storm water treatment practices as needed to reduce the pollutants in contaminated storm water prior to discharge to waters of the state. Proposed or existing storm water treatment practices shall be shown on the facility drainage basin map. The SWPPP shall provide for the following types of storm water treatment practices:

NR 216.27(3)(k)1. 1. Storm water significantly contaminated with petroleum products shall be treated for oil and grease removal by an adequately sized, designed and functioning wastewater treatment device. Coverage under an individual or general WPDES permit is required for discharges of storm water from oil/water treatment devices.

NR 216.27(3)(k)2. 2. Point source discharges of storm water contaminated by significant amounts of sediment from eroding areas, including bare earth industrial lots and ongoing industrial processes, shall be treated by filtration or settling type practices.

NR 216.27(3)(L) (L) The SWPPP shall include provisions for complying with the monitoring requirements specified in s. NR 216.28. The SWPPP shall include a checklist of inspections to be made during the annual facility site inspection described in s. NR 216.28 (2). The SWPPP shall also identify for each outfall the type of monitoring that will be conducted, such as non-storm water discharge monitoring; storm water discharge quality inspections; or chemical pollutant monitoring for facilities covered under a tier 1 permit. The following are requirements for facilities covered under a tier 1 permit:

NR 216.27(3)(L)1. 1. A list of chemical parameters proposed for testing at each outfall shall be included along with the analytic sample testing procedures from ch. NR 219 that will be used to determine pollutant concentrations.

NR 216.27(3)(L)2. 2. The list of chemical parameters shall include each of the residual pollutants identified in par. (j), or an explanation of why the pollutant should not be included in the chemical testing.

NR 216.27(3)(m) (m) The SWPPP shall include an implementation schedule that is consistent with the compliance schedule in the general storm water discharge permit.

NR 216.27(3)(n) (n) The SWPPP shall be signed in accordance with s. NR 216.22 (7) prior to submittal to the department.

NR 216.27(4) (4) Plan amendment. A permittee shall amend an SWPPP if any of the following circumstances occur:

NR 216.27(4)(a) (a) When expansion, production increases, process modifications, changes in material handling or storage or other activities are planned which will result in significant increases in the exposure of pollutants to storm water discharged either to waters of the state or to storm water treatment devices. The amendment shall contain a description of the new activities that contribute to the increased pollutant loading, planned source control activities that will be used to control pollutant loads, an estimate of the new or increased discharge of pollutants following treatment and, when appropriate, a description of the effect of the new or increased discharge on existing storm water treatment facilities.

NR 216.27(4)(b) (b) The facility finds through its comprehensive annual facility site compliance inspection, quarterly visual inspection of storm water quality, annual chemical storm water sampling or other means that the provisions of the SWPPP are ineffective in controlling storm water pollutants discharged to waters of the state.

NR 216.27(4)(c) (c) Upon written notice that the department finds the SWPPP to be ineffective in achieving the conditions of the storm water discharge permit applicable to the facility.

NR 216.27 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; CR 21-027: am. (1), (3) (c) 9., cr. (3) (j) 6. Register March 2022 No. 795, eff. 4-1-22; correction in (1) made under s. 35.17, Stats., Register March 2022 No. 795.

NR 216.28 NR 216.28 Monitoring requirements.

NR 216.28(1) (1) Non-storm water discharges. The permittee shall evaluate all outfalls for non-storm water discharges into the storm drainage system beginning in the first year of permit coverage. Evaluations shall take place during dry periods. The following are additional requirements for evaluating non-storm water discharges:

NR 216.28(1)(a) (a) Any monitoring shall be representative of non-storm water discharges from the facility.

NR 216.28(1)(b) (b) One of the following monitoring procedures shall be followed:

NR 216.28(1)(b)1. 1. End of pipe screening shall consist of visual observations made at least twice per year at each outfall of the storm sewer collection system. Observations shall be made at times when non-storm water discharges from the facility are considered most likely to occur. Instances of dry weather flow, stains, sludges, color, odor or other indications of a non-storm water discharge shall be recorded; or

NR 216.28(1)(b)2. 2. A detailed testing of the storm sewer collection system may be performed. Testing methods include dye testing, smoke testing or video camera observation. Should the permittee use detailed testing as an alternative, the department shall require a re-test after 5 years or a lesser period as deemed necessary by the department.

NR 216.28(1)(c) (c) All permitted facilities shall maintain the results of their non-storm water evaluations on site. Facilities shall report the results of the initial non-storm water evaluations to the department within the SWPPP summary form required pursuant to s. NR 216.29 (1) (e). Information reported shall include date of testing, test method, outfall location, testing results and potential significant sources of non-storm water discovered through testing.

NR 216.28 Note Note: The department storm water pollution prevention summary Form 3400-167 contains a table for recording the results of the non-storm water discharge evaluations.

NR 216.28(1)(d) (d) Any permittee unable to evaluate outfalls for non-storm water discharges shall sign a statement certifying that this requirement could not be complied with, and include a copy of the statement in the SWPPP. The statement shall be submitted to the department.

NR 216.28(1)(e) (e) If a permittee identifies an unauthorized discharge of pollutants, the permittee shall immediately cease the discharge and contact the department to determine if a permit is required under s. 283.31 or 283.35, Stats.

NR 216.28(2) (2) Annual site inspections. Permittees under this subchapter shall perform and document the results of an annual facility site compliance inspection. The inspection shall be adequate to verify that the site drainage conditions and potential pollution sources identified in the SWPPP remain accurate, and that the best management practices prescribed in the SWPPP are being implemented, properly operated and adequately maintained. Information reported shall include the inspection date, inspection personnel, scope of the inspection, major observations and revisions needed in the SWPPP.

NR 216.28(3) (3) Quarterly visual inspection. Permittees under this subchapter shall perform and document quarterly visual inspections of storm water discharge quality at each outfall. Inspections shall be conducted within the first 30 minutes or as soon thereafter as practical, but not to exceed 60 minutes, after runoff begins discharging at the outfall. The inspections shall include any observations of color, odor, turbidity, floating solids, foam, oil sheen or other obvious indicators of storm water pollution. Information documented shall include: the inspection date, inspection personnel, visual quality of the storm water discharge and probable sources of any observed storm water contamination.

NR 216.28(4) (4) Storm water sampling and analysis. Unless an alternative monitoring plan is required as part of the SWPPP, owners or operators of facilities covered under a tier 1 general permit issued under this subchapter or an individual WPDES permit issued under s. 283.31, Stats., containing tier 1 general permit requirements, or individual storm water discharge permits issued under s. 283.33 (1) (a) and (d), Stats., shall perform annual chemical storm water sampling at each outfall for those residual pollutants listed in the permittee’s SWPPP as required by s. NR 216.27 (3) (j). The following are specific requirements for chemical storm water monitoring: