Section 151.13. Developed urban area performance standard for municipalities.

 

(1)   Incorporated municipalities.

(a) Applicability. This subsection applies to any incorporated municipality with an average density of 1,000 people per square mile or greater, based on the latest decennial census made by the U.S. census, as well as any commercial and industrial areas contiguous to these areas.

(b) Requirements . For areas identified under par. (a) , all of the following shall be implemented:

1. A public information and education program, utilizing materials identified by the department, promoting beneficial on-site reuse of leaves and grass clippings and proper use of turf and garden fertilizers and pesticides, proper management of pet wastes, and prevention of dumping oil and other chemicals in storm sewers.

2. A municipal program, as appropriate, for the management of leaf and grass clippings, including public education about this program.

3. The application of turf and garden fertilizers on five acres or more of municipally controlled properties shall be done in accordance with a site specific nutrient application schedule based on appropriate soil tests. The nutrient application schedule shall be designed to maintain the optimal health of the turf or garden vegetation.

4. Detection and elimination of illicit discharges to storm sewers.

(2)   Permitted municipalities.

(a) Applicability. This subsection applies to municipalities that are subject to the municipal storm water permit requirements of subch. I of ch. NR 216 .

(b) Program. A municipality shall develop and implement a storm water management program, including the adoption and administration of any necessary ordinance, to meet the following requirements:

1. `Stage 1 requirements . ' The municipalities identified under par. (a) shall implement all of the following within 2 years of receiving permit coverage under subch. I of ch. NR 216 :

a. All of the requirements contained in sub. (1) (b) .

b. A 20 percent reduction in total suspended solids, or to the maximum extent practicable, as compared to no controls, for runoff from existing development that enters waters of the state.

2. `Stage 2 requirements . ' The municipalities identified under par. (a) shall implement one of the following for runoff from existing development that enters waters of the state, as compared to no controls:

a. A 40 percent reduction in total suspended solids, by March 31, 2013, if permit coverage was received under subch. I of ch. NR 216 on or before January 1, 2010.

b. A 40 percent reduction in total suspended solids within 7 years of the date of receiving permit coverage for municipalities identified under par. (a) , if permit coverage was received under subch. I of ch. NR 216 after January 1, 2010.

c. If a municipality identified under par. (a) has determined that it will not achieve a 40 percent reduction in total suspended solids in runoff that enters waters of the state as compared to no controls, by the applicable date of subd. 2. a. or b. , then 6 months before the applicable date the municipality shall submit a report to the department describing the control measures that it has implemented and shall submit a long term storm water management plan in accordance with subd. 3.

3. `Long term storm water management plan.' Plans shall include all of the following elements:

a. A baseline report showing the existing development boundary, drainage basins, and land uses; and applicable model results to justify the loading for total suspended solids for no controls and controls implemented by the applicable date in subd. 2. to meet the requirements in subd. 2. Modeling shall conform to that described in subd. 5.

b. Any agreements with an adjacent municipality, or with municipalities within a 10 digit hydrologic unit code level, to implement the 40 percent total suspended solids reduction on a regional basis per s. NR 216.07 (6) .

c. Any long-term maintenance agreements with non-publicly owned control measures where credit for the total suspended solids reduction is included in the analysis.

d. An implementation plan and its associated timetable for control measures identified in a cost-effectiveness analysis consistent with subd. 3. f. , that would result in achieving a 40 percent total suspended solids reduction within a period not to exceed 10 years from the applicable compliance date in subd. 2 unless documentation in subd. 3. e. is provided. The plan shall include modeling data consistent with subd. 5.

e. If a municipality has determined that it cannot achieve 40 percent total suspended solids reduction within 10 years from the applicable compliance date in subd. 2, including the use of agreements with other municipalities and long term maintenance agreements for non-public control measures, the plan shall demonstrate why 40 percent reduction cannot be achieved. A long term storm water management plan under this subdivision shall describe the control measures identified in a cost-effectiveness analysis consistent with subd. 3. f. that the municipality will implement within 10 years and document the amount of reduction that will be achieved. The plan shall also include an implementation plan and associated timetable for control measures identified in a cost-effectiveness analysis consistent with subd. 3. f. that would result in achieving a 40 percent total suspended solids reduction. The plan shall include modeling data consistent with subd. 5.

f. A cost-effectiveness analysis shall include a systematic comparison of alternatives to meet the 40 percent total suspended solids reduction based on the cost per pound of pollutant removed. This analysis shall take into account anticipated redevelopment or reconstruction projects and the cost to retrofit the site versus the cost to install practices during redevelopment or reconstruction. The analysis shall consider the cost to ensure long term maintenance of non-publicly owned control practices for which the municipality is taking credit as well as publicly owned control practices, the source of funding for installation and maintenance of control measures, and competing interests for that funding source. The municipality may include an analysis of affordability in the cost-effectiveness analysis. The analysis shall consider the feasibility and commensurate increase in cost of installing a control measure where there are competing issues such as human safety and welfare, endangered and threatened resources, historic properties, and geographic features.

4. `Long term plan review.'

a. The department shall review the plan required under subd. 3. and provide comments within 6 months of receipt. The municipality shall modify the plan to correct any deficiencies identified by the department.

b. The department shall accept documentation that demonstrates to the department's satisfaction that the 40 percent reduction will be met by the applicable compliance date of subd. 2.

c. The department shall review plans where the 40 percent reduction can be made within the schedule proposed by the municipality under subd. 3. d. However, the department upon review of the plan may request a modification of the schedule or control measures if the department determines that control measures can achieve the 40 percent reduction within a shorter timeframe. The department shall include in the acceptance of the plan the provision in subd. 4. e.

d. The department shall review a plan with an extended timetable beyond 10 years from the applicable compliance date in subd. 2. where the municipality has demonstrated to the department's satisfaction that the 40 percent reduction cannot be made within 10 years from the applicable compliance date in subd. 2. However, upon review of the plan the department may request a modification of the schedule or control measures if the department determines that control measures can achieve the 40 percent reduction within a shorter timeframe than proposed by the municipality. The department shall include in the acceptance of the plan the provision in subd. 4. e.

e. The municipality shall submit a report on an initial schedule set by the department and every 5 years thereafter documenting progress and reviewing whether changes in land use, local regulations, control technology or other factors have affected the use or timing of control measures meeting the performance standard of subd. 2. The report shall include a modeling analysis documenting progress and recommending any changes in control measures or timetables for achieving a 40 percent reduction.

5. `Model requirements.' Evidence of meeting the performance standard of subd. 2. shall be based on the use of a model or an equivalent methodology approved by the department. Acceptable models and model versions include SLAMM version 9.2 and P8 version 3.4 or subsequent versions of those models. Earlier versions of SLAMM are acceptable when the municipality is not taking any credit for street cleaning.

(c) Location. To comply with the standards required under this subsection, BMPs may be located on-site or off-site as part of a regional storm water device, practice or system, but shall be installed in accordance with s. NR 151.003 .

(d) Exemption . The requirements of par. (b) 1. and 2. do not apply to areas subject to a permit issued under subch. II of ch. NR 216 .

(e) Calculation of reduction. The department shall recognize total suspended solids reduction not otherwise accounted for in computer models for the implementation of programs, ordinances and other institutional controls that result in scientifically supported reductions of total suspended solids and are developed as a technical standard under s. NR 151.31 .

CR 00-027 : cr. Register September 2002 No. 561 , eff. 10-1-02; CR 09-112 : r. and recr. Register December 2010 No. 660 , eff. 1-1-11.

Note

The municipality has primary responsibility for complying with this subsection. However, the public is expected to follow municipal ordinance requirements and requests to carry out activities such as: proper curbside placement of leaves for collection, relocating vehicles for street sweeping, and utilizing proper disposal methods for oils and other chemicals. Microsoft Windows NT 6.1.7601 Service Pack 1 In accordance with subch. V, the department has developed a technical standard to help meet the nutrient management performance standard. The technical standard is available from the department at [phone]. Microsoft Windows NT 6.1.7601 Service Pack 1 Information on how to access SLAMM and P8 and the relevant parameter files are available by contacting the department's storm water management program at [phone]. Microsoft Windows NT 6.1.7601 Service Pack 1 It is expected that a municipality will be able to achieve the 40 percent reduction with a combination of practices including the use of high efficiency street cleaning, structural BMP retrofit practices, structural BMP redevelopment or reconstruction practices, and entering into maintenance agreements for BMPs on privately owned lands, such as shopping centers, to receive credit. Microsoft Windows NT 6.1.7601 Service Pack 1