Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Section NR 216.002 - Definitions

Current through June 24, 2024
For the purposes of this chapter the following definitions
				  are applicable:
Note:
Additional definitions may be found in s.
				  NR
				  205.03.
(1m)
				"Benchmark" means a minimum numeric or narrative level of pollution control
				required to demonstrate progress toward a required level of pollution
				control.
(1r) "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.
(2) "Construction site" means an area upon
				which one or more land disturbing construction activities occur that in total
				will disturb one acre or more of land, 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 such that the total disturbed area is
				one acre or more. 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.
(3) "Contaminated storm water" means storm
				water that comes into contact with material handling equipment or activities,
				raw materials, intermediate products, final products, waste materials,
				byproducts or industrial machinery in the source areas listed in s.
				NR 216.27(3)
				(e).
(4) "Department" means the department of
				natural resources.
(5) "Discharge"
				has the meaning given it in s.
				283.01(4),
				Stats.
(6) "Discharge of pollutant"
				or "discharge of pollutants" has the meaning given it in s.
				283.01(5),
				Stats.
(7) "Erosion" means the
				process by which the land's surface is worn away by the action of wind, water,
				ice or gravity.
(7m) "Exceptional
				resource water" or "ERW" means waters designated under s.
				NR
				102.11.
(8) "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.
(9)
				"General WPDES permit" or "general permit" means a permit for the discharge of
				pollutants issued by the department under s.
				283.35,
				Stats.
(10) "Great Lakes areas of
				concern" means geographic areas that are severely degraded within the Great
				Lakes basin that include areas within the lower Fox river and Green Bay,
				Menominee river, Sheboygan river, St. Louis river and bay and the Milwaukee
				estuary.
(11) "Illicit discharge"
				means any discharge to a municipal separate storm sewer system that is not
				composed entirely of storm water except discharges authorized by a WPDES permit
				or other discharge not requiring a WPDES permit such as landscape irrigation,
				individual residential car washing, fire fighting, diverted stream flows,
				uncontaminated groundwater infiltration, uncontaminated pumped groundwater,
				discharges from potable water sources, foundation drains, air conditioning
				condensation, irrigation water, lawn watering, flows from riparian habitats and
				wetlands, and similar discharges.
Note:
A discharge listed in the definition above
				  may be regulated on a case-by-case basis under s.
				  NR 216.07(3)
				  (b) or s.
				  283.31,
				  Stats., if the MS4 permittee, municipality, or the department identifies it as
				  a significant source of a pollutant to waters of the state.
(12) "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.
(12m)
				"Individual permit" means a permit for the discharge of pollutants by an
				individual or group issued by the department under s.
				283.33,
				Stats.
(13) "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.
(14) "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 storm water runoff and lead to
				increased 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.
(15) "Landowner" means any person holding fee
				title, an easement or other interest in property that allows the person to
				undertake land disturbing construction activity on the property.
(16) "Major outfall" means a municipal
				separate storm sewer system outfall that meets one of the following criteria:
(a) A single pipe with an inside diameter of
				36 inches or more, or from an equivalent conveyance (cross sectional area of
				1,018 inch 2) which is associated with a drainage area of more than 50
				acres.
(b) A municipal separate
				storm sewer system that receives storm water runoff from lands zoned for
				industrial activity that is associated with a drainage area of more than 2
				acres or from other lands with 2 or more acres of industrial activity, but not
				land zoned for industrial activity that does not have any industrial activity
				present is not classified as a major outfall under this paragraph.