reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 149 - Laboratory Accreditation › Subchapter VII - Quality Systems › Section NR 149.42 - Alternative methods

Current through June 24, 2024
(1) The department may allow the use of
				  alternative methods from those required by covered programs, including the safe
				  drinking water program, if a laboratory requests approval and if the EPA has
				  granted approval for the alternative methods.
(2) On a case-by-case basis, the department
				  may allow the use of methods other than those required by covered programs for
				  any of the following situations:
(a) After
				  consultation with the department, the manager of a covered program determines
				  that the allowance does not result in a detrimental effect on the quality and
				  defensibility of the results to be generated.
(b) The request is for approval of a method
				  that employs a new or emerging technology and there is documentation that
				  substantiates the validity of the new or emerging technology for the intended
				  purpose.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 149 - Laboratory Accreditation › Subchapter VII - Quality Systems › Section NR 149.43 - Laboratory facilities

Current through June 24, 2024
(1)
(ag)
				  The laboratory shall ensure that the environmental conditions of its facility
				  do not adversely affect the required quality of any measurement.
(ar) Laboratory facilities shall ensure
				  effective separation between neighboring areas in which incompatible analytical
				  activities take place. The laboratory shall take measures to prevent
				  cross-contamination.
(b) Access to
				  and use of areas affecting the quality of environmental tests shall be
				  controlled to an extent commensurate with the type of analysis and samples
				  analyzed by a laboratory.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 149 - Laboratory Accreditation › Subchapter VII - Quality Systems › Section NR 149.44 - Laboratory equipment

Current through June 24, 2024
(1) GENERAL PROVISIONS.
(a) The laboratory shall furnish the
				  equipment necessary and required for the correct performance of all the
				  environmental tests and associated preparations and activities it
				  performs.
(b) The laboratory shall
				  use equipment and software for testing and calibration that achieves the
				  accuracy required to comply with the requirements of the methods or
				  specifications relevant to the environmental testing performed by the
				  laboratory.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 149 - Laboratory Accreditation › Subchapter VII - Quality Systems › Section NR 149.442 - Handling of samples

Current through June 24, 2024
(1) SAMPLE ACCEPTANCE POLICY AND SAMPLE
				  HANDLING PROCEDURES.
(a) The laboratory shall
				  have and follow a written policy that clearly outlines the conditions under
				  which samples will be accepted or rejected for analysis or under which
				  associated reported results will be qualified.
Note:
Section
					 NR
					 149.47(4) provides rejection
					 criteria.
(b) The laboratory
				  shall receive drinking water samples in a secure manner so that the integrity
				  of the sample is maintained.
(c)
				  When samples received do not conform to the descriptions provided by a
				  collector or do not conform to sample acceptance requirements, the laboratory
				  shall consult with the collector or client to determine the proper processing
				  or disposition of the samples.
(d)
				  The laboratory shall place a unique identification code on a sample container
				  as a durable label. The unique identification code shall be used as a link to
				  associate samples with the complete sample history, including treatment and
				  analysis, while in the laboratory's possession.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 149 - Laboratory Accreditation › Subchapter VII - Quality Systems › Section NR 149.444 - Initial instrument calibration requirements

Current through June 24, 2024
(1) GENERAL
				  PROVISIONS.
(a) The laboratory shall
				  calibrate or verify the calibration of all analytical instruments before the
				  instruments are used to provide any quantitative results.
(b) Once a calibration model is selected, a
				  calibration function is established, and an initial calibration is finalized, a
				  laboratory may not change the model or calibration function after samples have
				  been analyzed without performing another initial calibration.
(c) The laboratory shall perform an initial
				  calibration if any of the following apply:
1.
				  After instruments undergo non-routine maintenance.
2. Conditions change the expected behavior of
				  the instrument.
3. When a CCV
				  standard fails and any of the following occur:
a. Corrective action taken does not result in
				  a passing CCV standard.
b. A second
				  consecutive (immediate) CCV standard is performed under the same conditions and
				  it also fails and the corrective action taken does not result in two
				  consecutive passing CCV standards.
(d) The laboratory shall retain all the raw
				  data necessary to reconstruct or reproduce calibration functions associated
				  with initial calibrations.
(e) For
				  colorimetric technologies, the laboratory may not use a method blank to zero
				  the instrument.
Note:
For colorimetric technologies other than
					 those based on inverse chemistries, the instrument is to be zeroed with the
					 matrix of interest which is generally reagent water.
(f) The laboratory may not utilize
				  pre-programmed initial calibrations, provided by the instrument manufacturer,
				  for compliance testing.
(g) The
				  laboratory shall include or reference the details of initial instrument
				  calibration procedures including algorithms, any required equations, and
				  acceptance criteria in the method standard operating procedure.
(h) When required by method, the laboratory
				  shall process each calibration standard in the same manner as
				  samples.
(i) Point-to-point
				  calibrations are not allowed unless otherwise specified in this chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 149 - Laboratory Accreditation › Subchapter VII - Quality Systems › Section NR 149.446 - Continuing instrument calibration requirements

Current through June 24, 2024
(1) GENERAL
				  PROVISIONS. When an initial instrument calibration is not performed on the day
				  of analysis, the continuing validity of the initial calibration shall be
				  verified prior to analyzing any batch quality control or environmental samples
				  by the analysis of one or more CCV standards, subject to all the following:
(a) Except for multi-peak analytes, CCV
				  standards shall contain all analytes to be reported and may be prepared from
				  the same standards used to generate the initial calibration. CCV standards are
				  required for multi-peak analytes when the analytes are detected and reported in
				  the samples.
(b) CCV standards
				  shall be treated the same as the standards used in the initial calibration.
				  When the method requires that the standards be treated the same as samples, the
				  CCV standards shall be performed with the associated batch so that the CCV
				  standards and samples are all processed together.
(c) Continuing calibration verification is
				  not required for technologies when there are no initial calibrations
				  established.
(d) If an LCS also
				  serves as a CCV standard, the acceptance criteria of the CCV standard shall be
				  used.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 149 - Laboratory Accreditation › Subchapter VII - Quality Systems › Section NR 149.45 - Measurement traceability

Current through June 24, 2024
The laboratory shall maintain all analytical and technical
					 records containing raw and derived data or original observations necessary to
					 allow historical reconstruction of all laboratory activities that contributed
					 to generating reported results. Observations, data, and calculations shall be
					 recorded at the time they are made. At a minimum, the laboratory shall ensure
					 that results of analyses can be linked to sample collection data, preparation
					 records, calibration records, analytical records, test reports, corrective
					 action, and any chemicals used.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 149 - Laboratory Accreditation › Subchapter VII - Quality Systems › Section NR 149.46 - Handling of samples

Current through June 24, 2024
(1) SAMPLE COLLECTION.
(a) The laboratory shall retain records
				  supplied by the collector to allow the laboratory to evaluate collection
				  procedures against the laboratory's sample acceptance policy.
(b) When the laboratory provides containers
				  and preservatives for sample collection, including bulk sampling containers
				  such as "carboys", the laboratory shall have standard operating procedures in
				  place which address concerns that the containers are adequately cleaned and not
				  contributing to contamination of samples, do not contain analytes of interest
				  at levels which will affect sample determinations and that the preservatives
				  used are sufficiently pure to maintain the validity of reported results.
				  Containers supplied by the laboratory for sample collection shall allow
				  collecting a sufficient amount of sample to perform all required or requested
				  determinations at the required or desired sensitivity.
Note:
The laboratory should establish
					 procedures to ensure and document that the sample containers it provides do not
					 contribute contaminants before they are used for collecting samples.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 149 - Laboratory Accreditation › Subchapter VII - Quality Systems › Section NR 149.47 - Reporting results

Current through June 24, 2024
(1) GENERAL PROVISIONS.
(a) The laboratory shall report results of
				  each test performed by the laboratory in accordance with any requirements or
				  instructions specified in the methods or by the department.
(b) The laboratory shall quantitate sample
				  results only from initial instrument calibrations, unless otherwise allowed by
				  method, regulation, or covered program or unless any of the following applies:
1. Samples analyzed by inductively coupled
				  plasma emission spectrophotometers and inductively coupled plasma mass
				  spectrometers having responses at or greater than 90% of the established upper
				  limit of the linear dynamic range of the instruments shall be diluted and
				  reanalyzed.
2. When an analyte does
				  not perform as well as most of the analytes in a multi-analyte initial
				  calibration, analysis may proceed, and results reported for these analytes,
				  provided that the results are appropriately qualified as required in this
				  section.
(c) When
				  samples cannot be diluted and reanalyzed, the laboratory shall report sample
				  results with appropriate qualifiers.
(d) The laboratory shall establish procedures
				  for reporting results for samples analyzed by dual column and dual detector
				  systems. These procedures shall establish all the following prior to analysis:
1. A primary column or primary detector from
				  which results shall be reported.
2.
				  The conditions under which a presumptive identification is confirmed and
				  reported from the secondary column or detector.
(e) When results are greater than the LOQ on
				  dual column or dual detector systems, and the RPD exceeds 40%, then the higher
				  of the two results shall be reported unless the analyst defensibly documents
				  that the higher result is biased due to interference. In this case the
				  laboratory may report the lower result with a qualifier indicating the value of
				  the higher result or report both results.
(f) Excluding microbiological results, MCL
				  exceedances for any regulated analyte associated with ch. NR 809 compliance
				  monitoring shall be reported by the laboratory to the affected water supply
				  facility within 48 hours of completing sample results.
Note:
Laboratories performing bacteriological
					 testing for a covered program are certified or approved under ch. ATCP 77 by
					 the department of agriculture, trade, and consumer protection.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 149 - Laboratory Accreditation › Subchapter VII - Quality Systems › Section NR 149.48 - Quality control requirements for chemical testing

Current through June 24, 2024
(1) GENERAL
				  REQUIREMENTS.
(a) A laboratory shall
				  establish a quality control program that includes the analysis of appropriate
				  quality control samples and quality control procedures that define their
				  practices. These quality control procedures shall be used to assess all the
				  following:
1. The level of background
				  contamination associated with the preparation and analysis of all
				  samples.
2. The sensitivity of all
				  tests performed.
3. The level of
				  control of an entire analytical system.
4. The bias contributed to sample results by
				  all preparation and analysis steps.
5. The reproducibility of test
				  results.
6. The selectivity of test
				  methods.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 149 - Laboratory Accreditation › Subchapter VII - Quality Systems › Section NR 149.49 - Quality control requirements for whole effluent toxicity testing

Current through June 24, 2024
(1) ACUTE AND
				  CHRONIC WHOLE EFFLUENT TOXICITY TESTING BY SPECIES. Laboratories analyzing
				  whole effluents for acute and chronic toxicity for a given species shall follow
				  the quality control requirements referenced in the "State of Wisconsin Aquatic
				  Life Toxicity Testing Methods Manual", 2nd edition.
(2) CHEMICAL TESTING IN SUPPORT OF WHOLE
				  EFFLUENT TOXICITY TESTING. Laboratories performing tests for alkalinity,
				  ammonia, hardness, pH, conductivity, dissolved oxygen and total residual
				  chlorine shall follow the quality control requirements specified in s.
				  NR
				  149.48 except that laboratories need not analyze
				  matrix spikes or matrix spike duplicates for ammonia, and hardness.
The referenced manual can be obtained at
http://dnr.wi.gov/org/water/wm/ww/biomon/
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 149 - Laboratory Accreditation › Subchapter VII - Quality Systems › Section NR 149.50 - Technology requirements

Current through June 24, 2024
The purpose of this section is to establish minimum
					 requirements that can significantly affect data quality but are not always
					 clearly or consistently addressed in all approved methods.
Note:
The Department will take the
					 applicability of these requirements into consideration when there are new
					 approved methods or advancements in technology.
(1) OXYGEN DEMAND ASSAYS (BOD or CBOD).
(a) The environmental conditions for the
				  analysis of biochemical oxygen demand and carbonaceous biochemical oxygen
				  demand shall be 17 to 23 °C.
(b)
				  When dissolved oxygen meters are calibrated using a water-saturated air or
				  air-saturated water standard, the laboratory shall verify concentrations in
				  mg/L of those standards by comparing those concentrations to the dissolved
				  oxygen theoretical saturation point. The measured concentration shall be at or
				  near the theoretical saturation point.
(c) The laboratory shall use the theoretical
				  saturation point, based on temperature and barometric pressure, on each day of
				  analysis to assess supersaturation.
Note:
When barometric pressure and temperature
					 measurement features are available on the DO meter, they should be taken from
					 the DO meter
(d) The
				  laboratory shall properly treat supersaturated samples before an initial
				  dissolved oxygen measurement is performed.
(e) When the laboratory uses pipets to
				  deliver sample volumes, the tips shall be manufactured to be
				  wide-bore.
(f) When the laboratory
				  analyzes multiple method blanks and glucose-glutamic acid standards in an
				  analytical batch, each method blank and glucose-glutamic acid standard analyzed
				  shall be assessed individually and associated to the entire analytical batch
				  unless individual method blanks and individual glucose-glutamic acid standards
				  are clearly documented to be traceable to specific groups of 20
				  samples.
(g) The laboratory shall
				  seed disinfected samples and nitrogenous demand inhibited samples.
(h) The laboratory may not add nitrogenous
				  demand inhibitor to the glucose-glutamic acid standard, to seed material, or
				  method blanks.
(i) The laboratory
				  shall use sample volumes for dilutions that are sufficient to expect 2 mg/L
				  depletion in at least one dilution.
(j) When equipment with multiple dissolved
				  oxygen probes is employed, the laboratory shall calibrate each probe. Sample
				  records shall be traceable to the probe used.
(k) The laboratory shall calibrate dissolved
				  oxygen probes on each day of use.
(l) The laboratory shall use local barometric
				  pressure which has not been adjusted to sea level.
(m) When determining residual chlorine, a
				  minimum detection capability of 0.1 mg/L shall be met.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 150 - Environmental Analysis And Review Procedures › Section NR 150.01 - Purpose

Current through June 24, 2024
This chapter outlines the definitions, procedures and
				  criteria to be used by the department in the implementation of s.
				  1.11,
				  Stats. The purpose of this chapter is to assure that the department
				  decisionmakers, other decisionmakers, and the interested public have
				  information to be able to fully consider the short- and long-term effects of
				  department policies, plans, programs, and actions on the quality of the human
				  environment.
Section
					 1.11,
					 Stats. was enacted as ch. 274, laws of 1971, amended by ch. 204, laws of 1973,
					 and is known as the Wisconsin environmental policy act or
					 WEPA.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 150 - Environmental Analysis And Review Procedures › Section NR 150.02 - Applicability

Current through June 24, 2024
This chapter shall apply to all department actions which may
				  negatively affect the quality of the human environment and to consideration of
				  strategic natural resource issues or policies which may involve unresolved
				  conflicts concerning alternative uses of available resources.
There are several statutory exemptions from s.
					 1.11,
					 Stats., including the following: s.
					 30.025,
					 Stats. (construction of certain high voltage transmission lines); ss.
					 160.23
					 and
					 160.25,
					 Stats. (responses to groundwater standards exceedances); s.
					 283.93,
					 Stats. (WPDES permit actions, except for WPDES permit actions for new sources);
					 s.
					 285.60(2g) (b) and
					 (3) (b), Stats. (air registration permits and
					 general permits); and ss.
					 295.44,
					 295.45,
					 295.65, and
					 295.645,
					 Stats. (ferrous mining exploration licenses, bulk sampling approvals, successor
					 operators, and responses to groundwater standards exceedances). The department
					 may have previously conducted environmental analyses under s.
					 1.11
					 Stats., for actions that are exempt under s.
					 283.93,
					 Stats., even though the department was not statutorily required to do
					 so.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 150 - Environmental Analysis And Review Procedures › Section NR 150.04 - Policy

Current through June 24, 2024
(1)
(a) In
				accordance with the Wisconsin and national environmental policy acts and
				regulations issued by the president's council on environmental quality, it is
				the intention of the natural resources board to declare a policy that will
				encourage productive and enjoyable harmony among people and their environment;
				to promote efforts which will prevent or eliminate damage to the environment;
				and to enrich the understanding of the important ecological systems and natural
				resources of the state.
(b) The
				board recognizes the potential for impact of many state and federal actions on
				all components of the human environment. Therefore, the board declares that it
				is the continuing policy of the department of natural resources, as the primary
				environmental agency in state government, to develop an understanding of the
				environmental consequences of its actions and to use all practicable means and
				measures to create and maintain conditions under which people and nature can
				exist in productive harmony and fulfill the requirements of present and future
				generations.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 150 - Environmental Analysis And Review Procedures › Section NR 150.05 - WEPA Coordinator

Current through June 24, 2024
The department shall designate a qualified staff person as
				  WEPA coordinator to coordinate and oversee performance of WEPA requirements
				  under this chapter. The WEPA coordinator shall do all the following:
(1) Advise the department to ensure that it
				is in compliance with this chapter and s.
				1.11,
				Stats.
(2) Participate on behalf of
				the department in inter-agency WEPA activities.
(3) Act as contact for other state, federal
				and local agencies seeking assistance or opinions on environmental analysis
				matters.
(4) Advise the department
				and the natural resources board on strategic natural resource issues or
				policies needing analysis under s.
				NR
				150.10.
(5) Prepare and submit to the chief clerk of
				each house of the legislature the department's annual WEPA report required by
				s.
				1.11(2)
				(j), Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 150 - Environmental Analysis And Review Procedures › Section NR 150.10 - Strategic analysis

Current through June 24, 2024
(1) PURPOSE. This section establishes the
				procedures to fulfill the requirements of s.
				1.11(2)
				(e) and (h), Stats.
(1m) IDENTIFICATION OF ISSUES.
(a)
Policies.
The department
				shall conduct a strategic analysis for all new or revised policies if both of
				the following apply:
1. The policy involves
				unresolved conflicts concerning alternative uses of available
				resources.
2. The department has
				substantial discretion in formulating important provisions of the
				policy.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 150 - Environmental Analysis And Review Procedures › Section NR 150.35 - WEPA Compliance determination

Current through June 24, 2024
(1) Actions under
				s.
				NR
				150.20(2) to (4) may not be taken
				until a determination is publicly announced or noticed regarding compliance
				with this chapter unless statutory deadlines preclude compliance with the
				procedural requirements of this chapter. Actions under s.
				NR
				150.20(1m) are compliant with WEPA
				and do not require a determination prior to the action being taken.
(1m) For any EIS under s.
				NR
				150.20(4) and determination under s.
				NR
				150.20(2) (b) and (3) (b), the
				department shall publicly announce findings of fact, conclusions of law and a
				determination that summarizes the procedures and process steps used to achieve
				compliance with this chapter.
(2)
				For actions under s.
				NR
				150.20(2) (a) and (3) (a), the
				department may publicly announce the WEPA determination or provide notice in
				accordance with the public notification requirements for the proposed permit or
				approval document.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 150 - Environmental Analysis And Review Procedures › Section NR 150.40 - Cooperation with other agencies

Current through June 24, 2024
(1) REVIEW OF OTHER
				AGENCY ENVIRONMENTAL ANALYSES. The department may comment on the environmental
				analyses prepared by other state and federal agencies for WEPA or NEPA
				compliance. To the extent possible, the department shall review and comment on
				each relevant environmental analysis within the time period specified by the
				sponsoring or lead agency. The department may reply that it has no comment and
				should so reply when it is satisfied that its views are adequately reflected in
				the environmental analysis.
(2)
				INTERAGENCY PROCEDURES ON PROPOSED ACTIONS INVOLVING NEPA OR WEPA.
(a) The department may conduct an
				environmental review process jointly with another state, federal or local
				agency. The joint process shall meet the requirements of this chapter and may
				be determined by law, interagency consultation or written agreement.
(b) The department may adopt an environmental
				analysis prepared by another agency as the department's EIS on the proposed
				action if the environmental analysis substantially meets the requirements of s.
				NR 150.30.
				The department shall comply with the public review requirements in s.
				NR
				150.30(3), publish a determination on
				the proposed action under s.
				NR
				150.35, and make all associated documents available to
				the public under s.
				NR
				150.50.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 150 - Environmental Analysis And Review Procedures › Section NR 150.50 - Document retention and management

Current through June 24, 2024
The department shall maintain a publicly accessible and
				  searchable record system to provide public access to public announcements,
				  strategic analyses, EIS analyses, and WEPA compliance determinations prepared
				  by the department in compliance with this chapter. The record system shall be
				  maintained in a manner consistent with the department's record retention
				  policy.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter I - General Provisions › Section NR 151.001 - Purpose

Current through June 24, 2024
This chapter establishes runoff pollution performance
					 standards for non-agricultural facilities and transportation facilities and
					 performance standards and prohibitions for agricultural facilities and
					 practices designed to achieve water quality standards as required by s.
					 281.16(2)
					 and (3), Stats. This chapter also specifies a
					 process for the development and dissemination of department technical standards
					 to implement the non-agricultural performance standards as required by s.
					 281.16(2)
					 (b), Stats. If these performance standards
					 and prohibitions do not achieve water quality standards, this chapter specifies
					 how the department may develop targeted performance standards in conformance
					 with s.
					 NR
					 151.004.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter I - General Provisions › Section NR 151.003 - BMP Location

Current through June 24, 2024
(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.
(2) NAVIGABLE
				  WATERS.
(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.
(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:
1. The BMP was constructed prior to October
				  1, 2002, and received all applicable permits.
2. The BMP functions or will function to
				  provide runoff treatment for the new development.
(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.
(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:
1. The BMP was constructed,
				  contracts were signed or bids advertised and all applicable permits were
				  received prior to January 1, 2011.
2. The BMP is on an intermittent waterway and
				  all applicable permits are received.
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/
.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter I - General Provisions › Section NR 151.004 - State targeted performance standards

Current through June 24, 2024
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.
Pursuant to s.
						281.16(2)
						(a) and (3) (a), Stats., the performance
						standards shall be designed to meet state water quality standards.
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.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter I - General Provisions › Section NR 151.005 - Performance standard for total maximum daily loads

Current through June 24, 2024
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.
(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.
(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.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter I - General Provisions › Section NR 151.006 - Applicability of maximum extent practicable

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter II - Agricultural Performance Standards and Prohibitions › Section NR 151.01 - Purpose

Current through June 24, 2024
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 for agricultural 151.095 facilities,
					 operations and practices.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter II - Agricultural Performance Standards and Prohibitions › Section NR 151.015 - Definitions

Current through June 24, 2024
In this subchapter:
(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.
(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.
(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.
(3) "Conservation
				  practice" means a best management practice designed to reduce or prevent soil
				  or sediment loss to the waters of the state.
(4) "Crop producer" means an owner or
				  operator of an operation engaged in crop related agricultural practices
				  specified in s.
				  281.16(1)
				  (b), Stats.
(5) "Cropland practice" means the method,
				  activity or management measure used to produce or harvest crops.
(6) "County land conservation committee"
				  means the committee created by a county board under s.
				  92.06,
				  Stats. "County land conservation committee" includes employees or agents of the
				  committee whom, with committee authorization, act on behalf of the
				  committee.
(7) "Direct runoff"
				  includes any of the following:
(a) Runoff from
				  a feedlot that can be predicted to discharge a significant amount of pollutants
				  to surface waters of the state or to a direct conduit to ground
				  water.
(b) Runoff of stored manure,
				  including manure leachate, that discharges a significant amount of pollutants
				  to surface waters of the state or to a direct conduit to ground
				  water.
(c) Construction of a manure
				  storage facility in permeable soils or over fractured bedrock without a liner
				  designed in accordance with s.
				  NR
				  154.04(3).
(d) Discharge of a significant amount of
				  leachate from stored manure to waters of the state.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter II - Agricultural Performance Standards and Prohibitions › Section NR 151.02 - Sheet, rill and wind erosion performance standard

Current through June 24, 2024
(1) All land where
				  crops or feed are grown, including pastures, shall be managed to achieve a soil
				  erosion rate equal to, or less than, the "tolerable" (T) rate established for
				  that soil.
(2) This standard first
				  applies to pastures beginning July 1, 2012.
Soil loss will be calculated according to the revised
						universal soil loss equation II as referenced in ch. ATCP 50 and appropriate
						wind loss equations as referenced in ch. ATCP
						50.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter II - Agricultural Performance Standards and Prohibitions › Section NR 151.03 - Tillage setback performance standard

Current through June 24, 2024
The purpose of this standard is to prevent tillage
					 operations from destroying stream banks and depositing soil directly in surface
					 waters. In this section, "surface water" has the meaning given in s.
					 NR
					 102.03(7).
(1) No crop producer may conduct a tillage
				  operation that negatively impacts stream bank integrity or deposits soil
				  directly in surface waters.
(2) No
				  tillage operations may be conducted within 5 feet of the top of the channel of
				  surface waters. Tillage setbacks greater than 5 feet but no more than 20 feet
				  may be required to meet this standard.
(3) Crop producers shall maintain the area
				  within the tillage setback required under sub. (2) in adequate sod or
				  self-sustaining vegetative cover that provides a minimum of 70%
				  coverage.
(4) This section does not
				  apply to grassed waterways installed as conservation practices.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter II - Agricultural Performance Standards and Prohibitions › Section NR 151.04 - Phosphorus index performance standard

Current through June 24, 2024
(1) All crop and
				  livestock producers shall comply with this section.
(2)
(a)
				  Croplands, pastures, and winter grazing areas shall average a phosphorus index
				  of 6 or less over the accounting period and may not exceed a phosphorus index
				  of 12 in any individual year within the accounting period.
(b) Except as provided under sub. (3), for
				  purposes of compliance with this section the phosphorus index shall be
				  calculated using the version of the Wisconsin Phosphorus Index available as of
				  January 1, 2011.
Note: The Wisconsin Phosphorus Index is maintained by the
					 University of Wisconsin department of soil science and can be found at
http://wpindex.soils.wisc.edu/
.
Note: Soil test phosphorus concentration may be used to
					 help identify fields that are high priority for evaluation with the Wisconsin
					 Phosphorus Index. For example, croplands with soil test phosphorus
					 concentrations of 35 parts per million or greater should be given higher
					 priority for evaluation.
Note: Best management practices developed by the department
					 of agriculture, trade and consumer protection may be used alone or in
					 combination to meet the requirements of this section.
(c) The accounting period required under par.
				  (a) shall meet the following conditions:
1.
				  The accounting period shall begin once a nutrient management plan meeting the
				  requirements of s.
				  NR 151.07 and
				  s.
				  ATCP
				  50.04(3) is completed.
2. During the first 8 years of implementation
				  of this standard by a producer, computation of the phosphorus index may be
				  based on a combination of planned crop management and historic data. Planned
				  crop management data is based on projected management and crop rotations.
				  Historic data is based on management and crop rotations that have actually
				  occurred.
3. Once the nutrient
				  management plan under s.
				  NR 151.07 and
				  s.
				  ATCP
				  50.04(3) is developed, historic data
				  shall be used for each year as it becomes available.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter II - Agricultural Performance Standards and Prohibitions › Section NR 151.05 - Manure storage facilities performance standards

Current through June 24, 2024
(1) APPLICABILITY.
				  All livestock producers building new manure storage facilities, substantially
				  altering manure storage facilities, or choosing to abandon their manure storage
				  facilities shall comply with this section.
(2) NEW CONSTRUCTION AND ALTERATIONS.
(a) New or substantially altered manure
				  storage facilities shall be designed, constructed and maintained to minimize
				  the risk of structural failure of the facility and minimize leakage of the
				  facility in order to comply with groundwater standards. The levels of materials
				  in the storage facility may not exceed the margin of safety level.
(am) Storage facilities that are constructed
				  or significantly altered on or after January 1, 2011, shall be designed and
				  operated to contain the additional volume of runoff and direct precipitation
				  entering the facility as a result of a 25-year, 24-hour storm.
(b) A new manure storage facility means a
				  facility constructed after October 1, 2002.
(c) A substantially altered manure storage
				  facility is a manure storage facility that is substantially altered after
				  October 1, 2002.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter II - Agricultural Performance Standards and Prohibitions › Section NR 151.055 - Process wastewater handling performance standard

Current through June 24, 2024
(1) All livestock
				  producers shall comply with this section.
(2) There may be no significant discharge of
				  process wastewater to waters of the state.
(3) The department shall consider all of the
				  following factors when determining whether a discharge of process wastewater is
				  a significant discharge to waters of the state:
(a) Volume and frequency of the
				  discharge.
(b) Location of the
				  source relative to receiving waters.
(c) Means of process wastewater conveyance to
				  waters of the state.
(d) Slope,
				  vegetation, rainfall, and other factors affecting the likelihood or frequency
				  of process wastewater discharge to waters of the state.
(e) Available evidence of discharge to a
				  surface water of the state or to a direct conduit to groundwater as defined
				  under s.
				  NR
				  151.002(11m).
(f) Whether the process wastewater discharge
				  is to a site that is defined as a site susceptible to groundwater contamination
				  under s.
				  NR
				  151.015(18).
(g) Other factors relevant to the impact of
				  the discharge on water quality standards of the receiving water or to
				  groundwater standards.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 151 - Runoff Management › Subchapter II - Agricultural Performance Standards and Prohibitions › Section NR 151.06 - Clean water diversion performance standard

Current through June 24, 2024
(1) All livestock
				  producers within a water quality management area shall comply with this
				  section.
(2) Runoff shall be
				  diverted away from contacting feedlot, manure storage areas and barnyard areas
				  within water quality management areas except that a diversion to protect a
				  private well under s.
				  NR
				  151.015(18) (a) is required only when
				  the feedlot, manure storage area or barnyard area is located upslope from the
				  private well.