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DNR discusses new nonpoint pollution standards


State stormwater requirements change to meet new federal standards

By Monique Balas
News-Chronicle

The state Department of Natural Resources held the last of five public hearings throughout the state Thursday afternoon on proposed changes to state stormwater discharge permits to meet new federal requirements.

The state must revise its regulations, created in 1994, to meet the U.S. Environmental Protection Agency's tougher nonpoint pollution guidelines. The rules primarily affect municipalities, construction sites and industrial facilities.

One of the biggest proposed changes is an increase in the number of municipalities that are required to get stormwater management permits because of new, lower population standards.

The current code addresses those municipal separate storm sewer systems that serve 100,000 people to meet permit requirements and pay fees. The proposed code would require municipalities with 50,000 or more people and have population densities of 500 people per square mile to get a permit to discharge stormwater.

About 220 cities, villages, towns and counties in Wisconsin within 16 urbanized areas in the state are automatically designated for permit coverage.

The proposed rule would allow the DNR to exempt a municipal separate storm sewer system within an urban area if it serves less than 1,000 people and is not a major source of stormwater pollution.

The proposed rule would reduce the construction permit threshold to one acre of land disturbance from five acres.

On a case-by-case basis, the DNR could require permit coverage for sites that are less than an acre but discharge water that lowers the water quality standard or is contributing significantly to the pollution of state waters.

Population-based permit fees would be increased for construction, municipal and industrial sites.

The city's director of engineering, Ed Wiesner, said he was generally pleased with the DNR's new rules but proposed some changes.

"We need to take a look at the fee structure and bring it down a little bit," Wiesner said, adding there should be more flexibility to allow permits to be designated on a case-by-case, rather than site-specific, basis.

Allouez public works director Tom Meier said the village is proceeding to develop an ordinance based on the DNR's proposed plans. He said the proposed changes would probably not affect the village too much.

"We are fully developed, so the majority of the projects are on public property," he said.

Comments gathered from Thursday's hearing will be compiled with those from across the state and evaluated by the DNR.

"We will either write a response, change a rule based on the comments or get comments that have nothing to do with the laws," said Russ Rasmussen, the DNR's runoff management section chief.

The rules will go on to the Natural Resources Board and the state Legislature. If everything goes as planned, the rules should be implemented next spring.

FYI: Anyone who would like to submit a written comment on the proposed rule can send it to Carol Holden - WT/2, Wisconsin DNR, P.O. Box 7921, Madison, WI, 53707-7921 on or before Aug. 8 for consideration. To see a copy of NR 216 and related information, visit www.dnr.state.wi.us/org/water/wm/nps/stormwater/affected.htm.


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