Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter I - General Provisions › Section NR 151.002 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Adequate sod, or self-sustaining
				  vegetative cover" means maintenance of sufficient vegetation types and
				  densities such that the physical integrity of the streambank or lakeshore is
				  preserved. Self-sustaining vegetative cover includes grasses, forbs, sedges and
				  duff layers of fallen leaves and woody debris.
(2) "Agricultural facilities and practices"
				  has the meaning given in s.
				  281.16(1),
				  Stats.
(3) "Average annual
				  rainfall" means a typical calendar year of precipitation as determined by the
				  department for users of models such as SLAMM, P8, or equivalent methodology.
				  The average annual rainfall is chosen from a department publication for the
				  location closest to the municipality.
Note:
Information on how to access SLAMM and
					 P8 and the average annual rainfall files for five locations in the state, as
					 published periodically by the department, is available at
					 dnr.wi.gov.
(4) "Best
				  management practices" or "BMPs" means structural or non-structural measures,
				  practices, techniques or devices employed to avoid or minimize soil, sediment
				  or pollutants carried in runoff to waters of the state.
(5) "Combined sewer system" means a system
				  for conveying both sanitary sewage and stormwater runoff.
(6) "Connected imperviousness" means an
				  impervious surface connected to the waters of the state via a separate storm
				  sewer, an impervious flow path, or a minimally pervious flow path.
Note:
An example of minimally pervious flow
					 path would be roof runoff flowing across a lawn of less than 20 feet, to the
					 driveway, to the street, and finally to the storm sewer. The department has a
					 guidance document to aid in the application of this term that is available from
					 the department at dnr.wi.gov.
(7) "Construction site" means an area upon
				  which one or more land disturbing construction activities occur, including
				  areas that are part of a larger common plan of development or sale where
				  multiple separate and distinct land disturbing construction activities may be
				  taking place at different times on different schedules but under one plan. A
				  long-range planning document that describes separate construction projects,
				  such as a 20-year transportation improvement plan, is not a common plan of
				  development.
(8) "DATCP" means the
				  department of agriculture, trade and consumer protection.
(9) "Department" means the department of
				  natural resources.
(10) "Design
				  storm" means a hypothetical discrete rainstorm characterized by a specific
				  duration, temporal distribution, rainfall intensity, return frequency and total
				  depth of rainfall.
(11)
				  "Development" means residential, commercial, industrial or institutional land
				  uses and associated roads.
(11m)
				  "Direct conduits to groundwater" means wells, sinkholes, swallets, fractured
				  bedrock at the surface, mine shafts, non-metallic mines, tile inlets
				  discharging to groundwater, quarries, or depressional groundwater recharge
				  areas over shallow fractured bedrock.
(12) "Effective infiltration area" means the
				  area of the infiltration system that is used to infiltrate runoff and does not
				  include the area used for site access, berms or pretreatment.
(13) "Erosion" means the process by which the
				  land's surface is worn away by the action of wind, water, ice or
				  gravity.
(14) "Exceptional resource
				  waters" means waters listed in s.
				  NR
				  102.11.
(14g) "Existing development" means
				  development in existence on October 1, 2004, or development for which a notice
				  of intent to apply for a storm water permit in accordance with subch. III of
				  ch. NR 216 was received by the department or the department of commerce on or
				  before October 1, 2004.
(14r)
				  "Filtering layer" means soil that has at least a 3-foot deep layer with at
				  least 20 percent fines; or at least a 5-foot deep layer with at least 10
				  percent fines; or an engineered soil with an equivalent level of protection as
				  determined by the regulatory authority for the site.
(15) "Final stabilization" means that all
				  land disturbing construction activities at the construction site have been
				  completed and that a uniform perennial vegetative cover has been established
				  with a density of at least 70% of the cover for the unpaved areas and areas not
				  covered by permanent structures or that employ equivalent permanent
				  stabilization measures.
(16)
				  "Illicit discharge" means any discharge to a municipal separate storm sewer
				  that is not composed entirely of runoff, except discharges authorized by a
				  WPDES permit or any other discharge not requiring a WPDES permit such as water
				  line flushing, landscape irrigation, individual residential car washing, fire
				  fighting and similar discharges.
(16m) "Impaired water" means a waterbody
				  impaired in whole or in part and listed by the department pursuant to
				  33 USC
				  1313(d) (1) (A) and
				  40
				  CFR 130.7, for not meeting a water quality standard, including a water quality
				  standard for a specific substance or the waterbody's designated use.
Note:
The impaired waters list is available
					 from the department at dnr.wi.gov.
(17) "Impervious surface" means an area that
				  releases as runoff all or a large portion of the precipitation that falls on
				  it, except for frozen soil. Rooftops, sidewalks, driveways, gravel or paved
				  parking lots, and streets are examples of surfaces that typically are
				  impervious.
(18) "In-fill" means an
				  undeveloped area of land located within an existing urban sewer service area,
				  surrounded by development or development and natural or man-made features where
				  development cannot occur. "In-fill" does not include any undeveloped area that
				  was part of a larger new development for which a notice of intent to apply for
				  a storm water permit in accordance with subch. III of ch. NR 216 was required
				  to be submitted after October 1, 2004, to the department or the department of
				  commerce.
(19) "Infiltration" means
				  the entry and movement of precipitation or runoff into or through
				  soil.
(20) "Infiltration system"
				  means a device or practice such as a basin, trench, rain garden or swale
				  designed specifically to encourage infiltration, but does not include natural
				  infiltration in pervious surfaces such as lawns, redirecting of rooftop
				  downspouts onto lawns or minimal infiltration from practices, such as swales or
				  road side channels designed for conveyance and pollutant removal
				  only.
(22) "Land disturbing
				  construction activity" means any man-made alteration of the land surface
				  resulting in a change in the topography or existing vegetative or
				  non-vegetative soil cover, that may result in runoff and lead to an increase in
				  soil erosion and movement of sediment into waters of the state. Land disturbing
				  construction activity includes clearing and grubbing, demolition, excavating,
				  pit trench dewatering, filling and grading activities.
(23) "Landowner" means any person holding fee
				  title, an easement or other interest in property, which allows the person to
				  undertake cropping, livestock management, land disturbing construction activity
				  or maintenance of storm water BMPs on the property.
(24) "Local governmental unit" has the
				  meaning given in s.
				  92.15(1)
				  (b), Stats.
(25) "MEP" or "maximum extent practicable"
				  means the highest level of performance that is achievable but is not equivalent
				  to a performance standard identified in subch. III or IV, as determined in
				  accordance with s.
				  NR
				  151.006.
(26) "Municipality" has the meaning given in
				  s.
				  281.01(6),
				  Stats.
(27) "Navigable waters" and
				  "navigable waterway" has the meaning given in s.
				  30.01(4m),
				  Stats.
(28) "New development" means
				  development resulting from the conversion of previously undeveloped land or
				  agricultural land uses.
(29) "NRCS"
				  means the natural resources conservation service of the U.S. department of
				  agriculture.
(30) "Ordinary high
				  water mark" has the meaning given in s.
				  NR
				  115.03(6).
(31) "Outstanding resource waters" means
				  waters listed in s.
				  NR
				  102.10.
(32) "Percent fines" means the percentage of
				  a given sample of soil, which passes through a # 200 sieve.
Note:
Percent fines can be determined using
					 the "American Society for Testing and Materials", volume 04.02, "Test Method
					 C117-95 Standard Test Method for Materials Finer than 75-mm (No. 200) Sieve in
					 Material Aggregates by Washing". Copies can be obtained by contacting the
					 American society for testing and materials, 100 Barr Harbor Drive,
					 Conshohocken, PA 19428-2959, or phone 610-832-9585, or on line at:
http://www.astm.org/
.
(33) "Performance standard" means a narrative
				  or measurable number specifying the minimum acceptable outcome for a facility
				  or practice.
(34) "Pervious
				  surface" means an area that releases as runoff a small portion of the
				  precipitation that falls on it. Lawns, gardens, parks, forests or similar
				  vegetated areas are examples of surfaces that typically are pervious.
(35) "Pollutant" has the meaning given in s.
				  283.01(13),
				  Stats.
(36) "Pollution" has the
				  meaning given in s.
				  281.01(10),
				  Stats.
(37) "Population" has the
				  meaning given in s.
				  281.66(1)
				  (c), Stats.
(38) "Preventive action limit" has the
				  meaning given in s.
				  NR
				  140.05(17).
(39) "Redevelopment" means areas where
				  development is replacing older development.
(40) "Runoff" means storm water or
				  precipitation including rain, snow, ice melt or similar water that moves on the
				  land surface via sheet or channelized flow.
(41) "Sediment" means settleable solid
				  material that is transported by runoff, suspended within runoff or deposited by
				  runoff away from its original location.
(42) "Separate storm sewer" means a
				  conveyance or system of conveyances including roads with drainage systems,
				  streets, catch basins, curbs, gutters, ditches, constructed channels or storm
				  drains, which meets all of the following criteria:
(a) Is designed or used for collecting water
				  or conveying runoff.
(b) Is not
				  part of a combined sewer system.
(c) Is not part of a publicly owned
				  wastewater treatment works that provides secondary or more stringent
				  treatment.
(d) Discharges directly
				  or indirectly to waters of the state.