Section NR 216.024 - Non-urbanized area exemption(1) The owner or operator of a municipal separate storm sewer system required to have permit coverage under s. NR 216.02(4) may request that its municipal separate storm sewer system be exempted by the department from the requirement to obtain permit coverage under this subchapter. This request shall demonstrate all of the following: (a) The municipal separate storm sewer system is not required to have permit coverage pursuant to s. NR 216.02(1), (2) or (3);(b) The municipal separate storm sewer system receives runoff from less than 320 total acres from any combination of the following land uses including all pervious and impervious land covers such as roof tops, parking lots, roads, sidewalks and grassed areas: 4. Residential with greater than 4.0 homes per acre.(c) The rate of population growth of the area served by the municipal separate storm sewer system is less than 10% between the 2 most recent decennial censuses as determined by the U.S. bureau of the census.(d) The municipal separate storm sewer system does not discharge directly into any outstanding resource water listed under s. NR 102.10, exceptional resource water listed under s. NR 102.11, a cold water stream as listed under s. NR 102.04(3) (a), Great Lakes area of concern pursuant to or a wetland in an area of special natural resource interest as specified in s. NR 103.04.(e) If the system discharges a pollutant that has been identified as a cause of impairment of any water body to which it discharges, storm water controls must not be needed based on wasteload allocations that are part of a U.S. EPA approved or established TMDL that addresses any pollutant of concern.(2) An exemption request under this section shall be made by the owner or operator of the municipal separate storm sewer system within 90 days of the department letter notifying the owner or operator to apply for permit coverage under this subchapter. The department letter shall indicate that the owner or operator has 90 days to submit an exemption request pursuant to this section. The exemption request shall be submitted to the department together with the application required under s. NR 216.03.(3) The department shall exempt the owner or operator of a municipal separate storm sewer system from the requirement to obtain permit coverage under this subchapter for requests that comply with subs. (1) and (2), unless either of the following occurs: (a) The department has site-specific information that the municipal separate storm sewer system has a physical, chemical or biological impact that threatens or impairs the designated uses of waters of the state.(b) The department has determined that controls are needed on the municipal separate storm sewer system based on wasteload allocations that are part of a U.S. EPA approved or established TMDL or equivalent analysis that addresses the pollutants of concern.Wis. Admin. Code Department of Natural Resources § NR 216.024
CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.