Wisconsin Stormwater Management
Wisconsin State Overview
The state of Wisconsin and the Wisconsin Department of Natural Resources were granted delegated authority by the EPA to administer their own “State-Specific” National Pollutant Discharge Elimination System (NPDES) Permitting Program for wastewater and stormwater discharges associated with construction activity, industrial activity as well as Municipal Separate Storm Sewer System (MS4) activity. Because the EPA and The Clean Water Act (CWA) required a program for addressing the pollution caused by stormwater discharges, the Wisconsin DNR instituted the Wisconsin Pollutant Discharge Elimination System (WPDES) Stormwater Program. The purpose of the Wisconsin Pollutant Discharge Elimination System Stormwater Program is to prevent stormwater and wastewater runoff from washing harmful pollutants into surface waters (streams, rivers, lakes or coastal waters) of the state of Wisconsin.
As per the requirements of the WPDES, any construction project owner or operator whose project will incorporate “construction activities” (clearing, grading and excavation) that: (1) disturb one acre or more of land; or (2) disturb less than one acre but are part of a larger plan of development or sale; and (3) involve the implementation of discharges of pit/trench dewatering (dewatering of construction pits, sewer extension construction, pipe trenches) are required to submit a Water Resources Application for Project Permits (WRAPP) to obtain construction site stormwater permit coverage from the Wisconsin DNR.
The owner or operator of the construction project is also required by the Wisconsin Pollutant Discharge Elimination System (WPDES) to include the following with his/her WRAPP: (1) an Erosion and Sediment Control Plan (ESCP) and (2) a Stormwater Management Plan (SWMP). The Erosion and Sediment Control Plan is to be a description of appropriate erosion and sediment control BMPs that will be installed and maintained at the construction site to prevent pollutants from reaching waters of the State. The Stormwater Management Plan (SWMP) is to include a description of the BMPs that will be installed during the construction process to control total suspended solids and peak flow, enhance infiltration, maintain or restore protective areas and to reduce petroleum in runoff that will occur after construction operations have been completed.
The state of Wisconsin and the Wisconsin Department of Natural Resources were granted delegated authority by the EPA to administer their own “State-Specific” National Pollutant Discharge Elimination System (NPDES) Permitting Program for wastewater and stormwater discharges associated with construction activity, industrial activity as well as Municipal Separate Storm Sewer System (MS4) activity. Because the EPA and The Clean Water Act (CWA) required a program for addressing the pollution caused by stormwater discharges, the Wisconsin DNR instituted the Wisconsin Pollutant Discharge Elimination System (WPDES) Stormwater Program. The purpose of the Wisconsin Pollutant Discharge Elimination System Stormwater Program is to prevent stormwater and wastewater runoff from washing harmful pollutants into surface waters (streams, rivers, lakes or coastal waters) of the state of Wisconsin.
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WI DNR - Form 3500-121 - Signature Authority for Electronic Notice of Intent (NOI) for WPDES
WI DNR - Const. Site Soil Loss & Sediment Discharge Calculation Guidance
WI DNR - Const. Site Definition - Common Plan of Development
WI DNR - Form 3400-162 - Notice of Termination (NOT) - Associated with Land Disturbing Const. Activities
WI DNR - Form 4400-248 - Accumulated Sediment End Use Certification
WI DNR - ePermitting Guide – Construction Site Stormwater Permit Application
WI DNR - Erosion Control Notes
WI DNR - Notice of Final Deterination to Reissue WPDES Permit
WI DNR - Form 3400-187A - Construction Site Inspection Corrective Action Photos
WI DNR - Form 3400-187 - Construction Site Inspection Report
WI DNR - WI-S067831-5 - Construction General Permit - WPDES
WI DNR - Wetland Screening & Delineation Procedures
WI DNR - Model Ordinances for Const. Site Erosion & Sediment Control & Post-Const. Stormwater Mgmt
WI DNR - Implementation of WI Act 20 for Const. Site Erosion Control & Stormwater Mgmt
WI DNR - Non-Agricultural Runoff Mgmt Rule
WI DNR - Form 3400-176 - Annual Factility Site Compliance Inspection Report (AFSCI)
WI DNR - Form 3400-179 - Notice of Intent (NOI) for Nonmetallic Mining Operations
WI DNR - PUB-WA-1816 - Industrial Stormwater Discharge Permit Coverage at Solid Waste Landfills
WI DNR - WI-S067849-4 & WI-S067857-4 - Response to Comments on WPDES General Industrial Permit - Tier 2
WI DNR - WI-B046515-6 (Industrial Sand) - Discharge Monitoring Report Form - Nonmetallic Mining Ops.
WI DNR - Form 3400-163 - Industrial Notice of Intent (NOI)
WI DNR - Form 3400-170 - Industrial Notice of Termination (NOT)
WI DNR - Form 3400-176A - Industrial Quarterly Visual Inspection - Field Sheet
WI DNR - WI-A046515-6 (Non-Industrial Sand) - Discharge Monitoring Report Form - Nonmetallic Mining Ops.
WI DNR - Form S058831-3 - WSPDES General Industrial Permit for Recycling of Scrap & Waste Materials
WI DNR - Form 3400-188 - No Exposure Certification for Exclusion from WPDES Industrial Permit
WI DNR - WI-S067849-4 - WPDES General Industrial Permit to Discharge Stormwater - Tier 1 Industrial Facilities
WI DNR - Form 3400-176B - Stormwater Chemical Analysis Report
WI DNR - WI-0046515-5 - Discharge Monitoring Report Form for Nonmetallic Mining Operations
WI DNR - Form 3400-167 - Industrial SWPPP Summary
WI DNR - WI-A046515-6 - WPDES for Non-Metallic Mining Operations (Not-Industrial Sand & Other Aggregates)
WI DNR - WI-B046515-6 - WPDES Permit for Non-Metallic Mining Operations (Industrial Sand Mining & Processing)
WI DNR - Notice of Final Determination to Reissue WPDES General Industrial Permit
WI DNR - WI-S059145-3 - Industrial WPDES Permit for Dismantling of Vehicles for Parts Selling & Salvage
WI DNR - Form 3400-222 - Transfer of Coverage (TOC) under the WPDES General Permit Discharge
WI DNR - Modeling Post-Const. Stormwater Mgmt Treatment
WI DNR & NHC - Landscaping - Restoration Consultants
WI DNR & NHC - Landscaping - Native Plant Nurseries
WI DNR - Establishment of Protective Areas for Wetlands in Runoff Mgmt Rules
WI DNR - Conservation Practice Standard 1051 - Water Application of Additives -Sediment Control
WI DNR - Conservation Practice Standard 1003 - Infiltration Basin (Acre-Feet)
WI DNR - Conservation Practice Standard 1008 - Permeable Pavement
WI DNR - Conservation Practice Standard Figure1 - Ditch Check
WI DNR - Conservation Practice Standard 1055 - Sediment Bale Barrier (Non-Channel)
WI DNR - Conservation Practice Standard 1061 - Dewatering
WI DNR - Conservation Practice Standard 1068 - Dust Control
WI DNR - Conservation Practice Standard 1057 - Trackout Control Practices
WI DNR - Conservation Practice Standard Figure2 - Stone Ditch Check
WI DNR - Conservation Practice Standard Figure1 - Infiltration Basin
WI DNR - Conservation Practice Standard 1050 - Land App. of Additives for Erosion Control
WI DNR - Conservation Practice Standard 1070 - Silt Curtain
WI DNR - Conservation Practice Standard 1053 - Channel Erosion Mat
WI DNR - Conservation Practice Standard 1060 - Storm Drain Inlet Protection for Const. Sites
WI DNR - Conservation Practice Standard S100 - Compost
WI DNR - Conservation Practice Standard 1005 - Vegetated Swale
WI DNR - Conservation Practice Standard 1069 - Turbidty Barrier
WI DNR - Conservation Practice Standard 1059 - Seeding For Const. Site Erosion Control
WI DNR - Conservation Practice Standard Figure2 - Infiltration Basin
WI DNR - Conservation Practice Standard 1008 -Technical Notes for Permeable Pavement
WI DNR - Conservation Practice Standard 1058 - Mulching For Construction Sites
WI DNR - Conservation Practice Standard Figure3 - Infiltration Basin
WI DNR - Conservation Practice Standard 1064 - Sediment Basin
WI DNR - Conservation Practice Standard Appendix D - Liner Flow Chart for Wet Detention Ponds
WI DNR - Conservation Practice Standard Figure9-6 - Silt Fence Illustration
WI DNR - Conservation Practice Standard 1071 - Perimeter Control and Slope Interruption
WI DNR - Conservation Practice Standard 1054 - Vegetative Buffer for Const. Sites
WI DNR - Conservation Practice Standard 1066 - Construction Site Diversion
WI DNR - Conservation Practice Standard 1063 - Sediment Trap
WI DNR - Conservation Practice Standard 1056 - Silt Fence
WI DNR - Conservation Practice Standard 1001 - Wet Detention Pond
WI DNR - Conservation Practice Standard 1004 - Bioretention for Infiltration
WI DNR - Conservation Practice Standard 1007 - Infiltration Trench
WI DNR - Conservation Practice Standard 1052 - Non-Channel Erosion Mat
WI DNR - Conservation Practice Standard Figure4 - Infiltration Basin
WI DNR - Conservation Practice Standard 1067 - Temporary Grading Practices For Erosion Control
WI DNR - Conservation Practice Standard 1062 - Ditch Check
WI DNR - Conservation Practice Standard 1002 - Site Evaluation for Stormwater Infiltration
WI DNR - Water Quality Review Procedures for Additives
WI DNR - MS4 TMDL Implementation Guidance
WI DNR - WI-S050181-1 - WPDES General MS4 Permit
WI DNR - WI-S050075-2 - WPDES General MS4 Permit
WI DNR - Rain Garden Manual - A Guide for Homeowners & Landscapers
WI DNR - WI-S050075-3 - General MS4 Permit Response to Public Comments
WI DNR - WI-S050075-2 - WPDES General Permit List of MS4s Permitted
WI DNR - Technical Standard 1100 - Interim Turf Nutrient Management
WI DNR - Groundwater Mounding Calculations
WI DNR - Form 3400-224 - MS4 Annual Report under MS4 General Permit No. WI-S050075-2
WI DNR - MS4 Modeling Guidance - Process to Assess & Model Grass Swales (TSS reduction)
WI DNR - MS4 TMDL Implementation Guidance - Addendum A (Percent Reduction)
WI DNR - MS4 Modeling Guidance - Internally Drained Area Guidance
WI DNR - Stormwater Manual Part 1 - Overview
WI DNR - WI-S066800-1 - DOT TS4 General Permit under the WPDES
WI DNR - Stormwater Manual Part 2 - Technical Design Guidelines for Stormwater Mgmt Practices
WI DNR - Stormwater Detention Pond Site Safety & Design
WI DNR - Turf Nutrient Management - Fact Sheet on Technical Standard #1100
WI DNR - MS4 Modeling Guidance - NR 151.13 (20%&40% TSS Standard) - Addendum A
WI DNR - MS4 Modeling Guidance - NR 151.13 (20%&40% TSS Standard)
WI DNR - MS4 TMDL Implementation Guidance - Addendum B (Internally Drained Areas)
WI DNR - Infiltration Performance Standard Guidance
WI DNR - Allowable Usage Rates Water Applied Additives
WI DNR - Form 3400-220 - Delegation of Signature Authority (DSA) - WPDES General Permit
WI DNR - Stormwater Basins Using Natural Landscaping for Water Quality & Esthetics
WI DNR - Form 3400-191 - Notice of Intent under WPDES MS4 General Permit No. WI-S050181-1
WI DNR - WI-S050075-3 - Notice of Final Determination to issue the General MS4 Permit
WI DNR - WI-S050075-3 - WPDES General MS4 Permit
Wisconsin Stormwater Permit Application Process
Any landowners or persons who become qualified landowners planning to engage in any land disturbing construction activities that affect 1 acre or more of land must submit a completed Notice of Intent (NOI) to the Wisconsin Department of Natural Resources in order to be covered under the Wisconsin Construction General Permit (CGP). The NOI form for Wisconsin is also known as the Water Resources Application for Project Permits (WRAPP). The NOI has certain signature requirements that change depending on the entity applying for coverage, the requirements are as follows:
-For corporations applying for coverage, a responsible corporate officer including the president, secretary, treasurer, vice president, manager or an authorized representative that accepts responsibility over the operation covered under the permit, must sign the NOI in all required areas for the NOI to be considered complete and valid.
-For government and federal bodies applying for coverage, the NOI must be signed by a ranking elected official
-For a limited liability company applying for coverage, the NOI must be signed by a manager
-For a partnership applying for coverage, the NOI must be signed by a general partner.
-For a sole proprietorship applying for coverage, the NOI must be signed by the proprietor
The NOI must be submitted 14 working days prior to any land disturbing construction activities for Department authorization. If the applicant receives no notifications of any NOI deficiencies by the Department of Natural Resources (DNR) they are permitted to begin land disturbing construction activities after 14 working days from when the NOI was submitted.
A NOI must be submitted on sanctioned Department forms provided by the DNR. Completed NOI’s are to be sent to the Wisconsin DNR, Storm Water Program at- WT/3, Box 7921, Madison, Wisconsin 53707-7921. A NOI can also be submitted electronically through the Wisconsin DNR storm water internet site application process at: https://dnr.wi.gov/permits/water/. All NOI submissions require an application fee to be paid to the Wisconsin DNR. Prior to the submission of an NOI the erosion control plan and the storm water management plan must be developed and completed. The Wisconsin DNR also requires the applicant to determine several site factors prior to the submittal of the NOI, these factors include the following:
-If any part of the active construction site or post construction site will discharge storm water into any outstanding resource water (ORW) or exceptional resource water (ERW)
-If any part of the active construction site or post construction site will discharge storm water into any fish and aquatic life water (this includes all state surface waters except ORW’s, ERW’s, and Great Lakes system waters)
-If any part of the active construction site or post construction site will discharge storm water into any impaired water bodies listed in accordance with section 303 (d) of the federal Clean Water Act
-If any part of the active construction site or post construction site will discharge a pollutant of concern through storm water runoff into a water body included in a State and Federal approved total maximum daily load (TMDL)
The determination of these factors allow the applicant to comply with water quality standards, develop more complaint storm water and erosion control/management plans and apply for additional site permits if needed.
The DNR will store and maintain the NOI and any associated documents at the closest regional office where they will be available for public access. The applicant must keep a copy of the NOI along with the erosion control and storm water management plans in a secure location on site. Upon clearance of a submitted NOI the DNR will send a letter confirming permit coverage and a permit certificate. Once the permitee has received this confirmation they must post the general permit certificate (DNR Publication # WT-813 rev. 10/06) in an obvious and visible place on the construction site.
Wisconsin Storm Water Management Plan Requirements
To be in compliance with the general Wisconsin Pollutant Discharge Elimination System (WPDES) permit the permittee is required to develop and complete a site specific erosion control plan and Storm Water Management Plan (SWMP) prior to any NOI submission. The erosion control plan must meet Department approved erosion and sediment control technical standards, these standards can be acquired through the Department storm water internet site at: https://dnr.wi.gov/topic/stormwater/standards/const_standards.html.
The construction site erosion control plan must include the following:
- A narrative of the construction site and the type of land disturbing construction activity taking place. The confines of land disturbance that will take place must be represented on a USGS 7.5-minute series topographical map.
-A narrative and time table of all significant land disturbing activities that will take place. Significant construction activities include grubbing, excavating and grading.
- Approximations of the total area that the site encompasses and parts of the site predicted to undergo land disturbing activities such as excavation or grading.
-Soil profiles on the construction site surface soils and subsoils.
-The identification and name of the immediate discharge receiving water body from the United States Geological Survey 7.5-minute series topographic maps. Must be determined if receiving water body is outstanding resource water (ORW), exceptional resource water (ERW), or impaired water
-A detailed site map consisting of the following:
>Pre-existing site topography, drainage patterns, roads, and surface waters
>Construction site parameters
>Approximations of drainage patterns and slope dimensions that are expected after grading activities
>Expected site areas experiencing soil disturbance
>Location of all structural and non-structural erosion controls identified in the erosion control plan
>Location of site areas where stabilization practices will be implemented
>Expected site areas that will be vegetated succeeding land disturbing construction activities
>Area and location of wetlands found within the parameters of the construction site and locations where site discharge will drain into a surface water or wetland located within one-quarter mile downstream of the construction site
>Areas that will be used for stormwater infiltration following construction project completion
>An alphanumeric or corresponding system for the construction site
-Narratives of all applicable erosion and sediment control Best Management Practices (BMP’s), timetables of implementation, what major land disturbing activity each BMP is installed for and how long they will be in utilization. The description of erosion and sediment controls must also include the following:
>A narrative of the anticipated degree of sediment control on the construction site that meets compliance with s. NR 151. 11 or 151.23, Wis. Adm. Code
>A narrative of which stabilization practices are temporary and which are permanent and when those practices will be applied
>A narrative of structural practices used to redirect stormwater flow away from exposed soils, structural practices used to accumulate storm water and structural practices used to regulate runoff and the discharge of pollutants.
>Controls used in managing overland flows at all areas of the construction site
>Structures used for trapping of sediment in channelized flows
>Preventative measures implemented to reduce tracking of sediment from the construction site to public roadways
>Protective measures implemented to guard downslope drainage inlets
>Site dewatering practices
>Protective measures for storm drain inlet structures
>Procedures for cleanup of off-site sediment deposits
>Stabilization of all site drainage paths
>Protective measures for soil stockpiles that exist for more than 7 days
>Measures taken to avoid untreated vehicle wheel washing discharge from entering waters of the state
>Installation schedules of permanent control structures that must be installed as soon as an area under goes final grading
>Erosion and sediment control practices tailored to deal with winter thawing conditions for projects existing through the winter.
>Any use or anticipated use of chemicals and how these chemicals will be stored and regulated to prevent discharge
>Procedures used to reduce dust wind erosion
>Reduction of soil compaction and conservation of topsoil
>Reduction of any land disturbing activity on slopes of 20% or more
>Procedures put in place to prevent and report spills
>Water velocity dissipation devices implemented in all discharge channel flow locations
>Maintenance procedures for all temporary and permanent erosion and sediment control structures to assure proper operation
>Complaint runoff settling basins and pit/trench dewatering settling basins
-The construction site erosion control plan must identify the contractors and subcontractors in charge of the installation and maintenance the erosion and sediment control structures
The Storm Water Management Plan (SWMP) must meet the applicable performance standards in ch. NR 151, Wis. Adm. Code. This plan must include the following:
-A narrative of all BMP’s implemented/installed to manage the amount of suspended solids and peak flows, enhance infiltration, and maintain/restore protective areas.
-Proper separation of all storm water BMP’s from wells to avoid contamination of drinking water
-Explanations of the technical basis used to select all implemented BMP’s
-For any permanent structure installed on the site a long-term maintenance plan must be established with a municipality or other responsible party. The maintenance agreement then must be approved by the DNR upon submission of the NOI.
-All facets of plan must comply with applicable state plumbing regulations
The DNR has the right to notify the permittee at any time of any deficiencies found within the erosion control and Storm Water Management Plans. The permittee upon receiving such a notification must make the required revisions within an allotted time frame established by the department. Once the permittee has made the necessary corrections to the erosion control and or Storm Water Management Plans, the permittee must submit a certification that all requested changes have been made to the plans and corrected on the construction site to the DNR. Both plans must be kept and maintained on site in a secure location until termination of permit coverage.
Wisconsin Storm Water Inspection Frequency
A permitee must at all times properly operate and maintain all facilities and systems of treatment and control which are installed to achieve permit compliance. The Wisconsin Department of Natural Resources dictates that all Erosion and Sediment Control (ESC) practices and devices must undergo weekly scheduled inspections to ensure functional operation. Upon the occurrence of a rain event of 0.5 inches or greater within a 24 hour period, the State of Wisconsin requires that an inspection of all site erosion and sediment controls must take place within 24 hours of the rain event to confirm proper function of all devices and repair of any impaired devices. During the course of an inspection if it is discovered that any erosion and sediment control practices/devices have been damaged and are in need of repair or replacement the inspector must record and report these findings. If an inspection report deems any erosion and sediment control devices as faulty or inoperative, repair or replacement of such devices must be carried out within 24 hours of the report.
A compliant weekly site inspection report includes the following:
-The date, time and location of the inspection
-The inspector’s name
-A written evaluation of the state of implemented erosion and sediment controls
-A narrative of any installed or repaired erosion and sediment controls
-A narrative of the current stage of the construction project
Under the coverage of this general permit it is required that records of weekly inspections must be stored and maintained at the construction site. The DNR suggests the permittee establish an internet inspection log keeping site, where weekly inspection reports can be uploaded and stored. The web address of such a site must then be given to the DNR prior to its use. The permittee is required to retain all inspection reports, erosion control and storm water management plans and any other supporting or significant documents at the construction site in a secure location until permit coverage is terminated. Once the notice of termination (NOT) is submitted and permit coverage is terminated, all documents and records related to the construction project must be retained by the permittee for a minimum of 3 years.
If a chemical spill occurs on the construction site a thorough report of the incident must be written up and the DNR must be notified of the spill and the spills nature and dimensions. If the chemical spill results in spill materials being discharged from the construction site to the waters of the site the Department must be notified immediately through the 24-hour spill hotline (1-800-943-0003)
At any time the Wisconsin DNR has the right to request copies of any construction site inspection reports, erosion control and Storm Water Management Plans, and any supporting or crucial documents. Once such a request occurs the permittee has within 5 working days to provide the requested documentation to the Department. Site inspections by authorized representatives of the Department can occur at any reasonable time. Upon presentation of a state officials credentials they have the right to enter site premises to conduct a site inspection. During such inspections the Department representative must have access to any records associated with permit compliance. The Department representative must also be allowed to inspect any facilities, equipment, practices, substances and operations to ensure permit compliance. If the inspection finds any deficiencies the permittee will be notified. Upon such a notification the permittee must correct the necessary site defects within the allotted time determined by the Department.
Wisconsin Final Stabilization for Construction Activities
The Wisconsin Department of Natural Resources defines “Final Stabilization” as the completion and discontinuation of any and all land disturbing construction activities within site premises, along with the establishment of uniform perennial vegetative cover with a density of at least 70% for all unpaved areas and areas not covered by permanent structures. Once final stabilization of the construction site is achieved and all temporary erosion and sediment controls are removed, the permittee has within 45 days to submit a signed Notice of Termination (NOT) to the Wisconsin Department of Natural Resources Storm Water Program.
Wisconsin Storm Water Permit Termination Process - Notice of Termination
The NOT must be submitted on official construction termination forms provided by the Wisconsin DNR. The Notice of Termination (NOT) forms can be obtained through the DNR storm water internet site at: https://dnr.wi.gov/topic/Stormwater/construction/forms.html or by writing to the Wisconsin DNR, Storm Water Program- WT/3, Box 7921, Madison, Wisconsin 53707-7921. Once all NOT forms have been signed and completed they can be submitted electronically using the Wisconsin DNR internet-based application process. If the permittee is unable to submit the NOT electronically, the NOT can be submitted by sending a hard copy of the NOT to the appropriate Wisconsin DNR regional office indicated on the NOT. Official termination of coverage under this general permit occurs once the pemittee receives written confirmation of permit termination from the DNR. The maximum period of coverage under this general permit is 3 years after the submission of an approved NOI. If the construction project lasts for longer than 3 years the permittee must submit another NOI and application fee for the original project towards the end of the coverage period to retain permit coverage.
Great Lakes
Brian Bell
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(312) 886-0981
US EPA, Region 05
WN16J77 W. Jackson Blvd
Chicago, IL, 60604-3507
Melissa Yarrington
Wisconsin Department of Natural Resources
(715) 401-1794
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Agency Website »
PO Box 7921
Madison, WI, 53707
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