[From the U.S. Government Printing Office, www.gpo.gov]








                                                                                 TASK V1. A. I
                                                                                 NA170ZO338-01




            WISGONSIN               11
                 GDASrAL
      NVV4AGEAAENT
                                                   STORMWATER MANAGEMENT PROGR7/



                                                                         Grant recipient:

                                                              WISCONSIN DEPARTMENT OF
                                                                  NATURAL RESOURCES



                                               41

                                                                   SEPTEMBER 1992







                                                          This project      was  funded inpart
                                                          with a grant      under the Coastal
                                                          Zone Management Act of 1972,
          TD                                              as amended, from       the U.S.
                                                          Department of      Commerce, Office
          657
          S76                                             of Ocean and Coastal Resource
          1992                                            Management, Wisconsin Coastal
                                                          Management Program



      --WFS-CONSIN DEPARTMENT
              OF ADMINISTRATION
                    0.0. BOX 7868
               MADISON,W1 53707
                      608-266-8234










                                  Acknowledgement


           This Research Project was funded in part by the Wisconsin
           Coastal Management Program pursuant to-Grant #NA170ZO338-01
           from the National Oceanic and Atmospheric Administration.

           The Wisconsin Coastal Management Program, part of the
           Wisconsin Department of Administration, was established in
           1978 to preserve, protect and and develop the resources of
           the Lake Michigan and Lake Superior coastline for this and
           future generations. The Wisconsin Coastal Management
           Program analyzes state policy on Great Lakes issues,
           coordinates government programs that affect the coast, and
           provides grants to stimulate better state and local coastal
           management.






                                                                                         For WCMP Staff Use
       Wisconsin Coastal Management Progarn                                  WCMP Project Number:
                                                                              Date Received:



                ------------ - ---                          ------                        -- ----------
   Project Title:                                                            Purchase Order Number:
                STORMWATER MANAGEMENT PROGRAM                                                       ADB'01107


   Project Start Date.. Nov. 29, 1991    Complet16n Date: Sept. 29, 1992     Signature of Project Manager:
   Report Period From: July 1, 1992      To:  September 3.1, 1992
                              ----------------- --------     M, &I           11M,                              Z- '0

    1. Thoroughly discuss progress made during this reporting period, citing specific tasks listed In
          contract scope of services.



            Final statutory language has been written for permit fees, a citation system, and the WPDES
            system. This language is.ready for review and approval by the Department of Administration,
            the Natural Resources Board, and the legislature. (See attached copies.)

            Regulations to implement the WPDES permit system have been drafted.       (See attached copy.)





























                                                                                                             over a+

                         - -------- ---- ----- -
     Send to: Wisconsin Coastal Management Program                     Signature of _person authorized to receive funds:
               Department of Administradon
               P.O. Box 7868
               Madison, WI 5' :)707-7868










                                            1993 - 1995
                                       LEGISLATIVE PROPOSALS



                                                         Legal Services
                                                         Bureau Director
                                                         Division Admin.


          DATE: September 4, 1992

          TO: Paul Heinen, Legislative Liaison    AD/5


          BUREAU OF WASTEWATER MANAGEMENT
          DIVISION OF ENVIRONMENTAL QUALITY
          BUREAU CONTACT: ANNE MAUEL


          1. PROBLEM/ISSUE

          .Water quality concerns and federal mandates require the Department to address
          the problem of stormwater discharge pollutants. In order to do so, additional
          staff and funding are required along with statutory revisions..

          .2. DESCRIPTION OF LEGISLATION


                Changes to Chapter 147.are needed to clarify our stormwater permitting
                authorities.


                We are proposing a permit fee system to fund the stormwater permit
                program. This would be a part of Chapter 147.

                We are also proposing a citation system to assist with compliance and
                enforcement of the program.



          3. BACKGROUND

          Stormwater discharge monitoring for the past 20 years' in Wisconsin has shown
          that discharges contain a host of pollutants, many exceeding effluent
          limitations. In addition, EPA has promulgated regulations requiring NPDES
          permits for stormwater discharges from industrial sites, construction sites
          over 5 acres and the cities of Madison and Milwaukee. In Wisconsin, this
          constitutes approximately 20,000 new permittees.

          Addressing these concerns and requirements will require additional staff.
          The attached legislative proposals include a stormwater permit fee system to
          generate revenue to fund this initiative. Also included are proposed
          revisions to Chapter 147 to clarify the Department's authority to issue
          stormwater discharge permits and a citation system to simplify enforcement of
          the permit requirements.










          4. PAST LECISLATION


          The Department has a fee associated with WPDES permits. The new.system       would
          assess fees for stormwater permits and would not allow stormwater fees to be
          charged  under NR 101 if fees were. assessed under the new stormwater fee
          system.

          Chapter  147 deals with permits for discharges of pollutants. The proposed
          changes  would clarify stormwater dischargers as being required to obtain a
          permit. In addition, the proposal delineates which existing provisions in
          Chapter  147 would not apply to stormwater discharges.

          Citation systems for the WPDES permit program have been proposed in the past.
          We are again requesting such a system as our previous requests 'have not been
          honored.


          5. FISCAL ESTIMATE


          The long term estimate places the Departmeht's needs for stormwater staff at
          approximatly 50     55 FTE. This budget proposal is for 7 FTE and $600,000 in
          contract. dollars ($300,000 per year) to initiate the program.


SECTION 1. Section 147.015 (12) is amended to read:

	(12) "Point source" means any discrernable, confined and discrete conveyance, including but not limited to any pipe,
ditch, channel, tunnel, conduit, well, discrete fissure, containter, rolling stock, concentrated animal feeding operation
or vessel or other floating craft from which pollutants may be discharged either into the waters of this state or into a
publicly owned treatment works.
	"Point source" shall include those discharges for which permits are required under s. 147.021.

SECTION 2. Sections 147.02 (1) and (5) are amended to read:

	(1) The discharged of any pollutant into any waters of the state or the disposal of sludge from a treatment work by any
person shall be unlawful unless such discharge or disposal is done under a permit issued by the department. The department
may by rule exempt certain classes or categories of vessels from this section. Except as provided in s. 147.021. The
department shall require only one permit for a publicly owned treatment or collection facility or system, regardless of the 
number of point sources from such facility or system.
	(5) Each permit issued by the department under this section shall, in addition to those criteria provided in subs.
(3) and (4), specify maximum levels of discharges. Maximum levels of discharges shall be developed from the permittee's 
reasonably foreseeable projection of maximum frequency or maximum level of discharge resulting from production increases
or process modifications during the term of the permit.

SECTION 3. Section 147.021 is created to read:

147.021 (1) Permits must be obtained under this section for all of the following storm water discharges:
	(a) discharges associated with industrial activity, including construction sites.

	(b) discharges from municipal separate storm sewer systems serving incorporated areas of 100,000 or more. The 
	Department may, by regulation, require additional municipalities to obtain a permit
	for their storm water discharges.



									- 1 -





           (c) a discharge which the Department determines is a
     significant contributor of pollutants to waters of the state.
     This designation may include storm water discharges from a single
     activity, class of activities or a municipal separate storm sewer
     -system. The Department may designate discharges from municipal
     separate storm   'sewer systems on a system wide, jurisdiction wide
     or watershed basis.

           (2)   (a)  For all discharges from municipal separate storm,
     sewer systems serving incorporated areas with populations greater
     than 100,000 or other municipal areas as, designated by the
     Departinent, the Department may:

           1. issue one system.wide permit covering all      discharges
     from the municipal separate storm sewer or

           2.  issue distinct permits for appropriate categories- of
     discharges with  *inthe municipal separate storm-sewer system
     including.but not limited to: all discharges owned or operated by.
     the same municipality, located within the same jurisdiction,      .all
     discharges within a system that -are similar in nature,. or for
     individual discharges from municipal separate storm sewers within
     the system.

           (b) The owner or operator of   a discharge from a  'municipal
     seDarate storm.  .Sewer system which is requiredto obtain.a permit
     mu;t

           1. participate in a permit application (to be a permittee -or
     a. co-pe*rmittee). with one or more other owners or operators of
     discharges from municipal separate    storm sewer systems; or

           2., submit a distinct permit Application which only    covers
     dis'charges f roin the municipal separate* -storm sewers for which the
     owner or operator is responsible; or

           3. be included in a permit application from a regional
     authority which has submitted 'a permit application under the
     following guidelines:

           a. The regional. authority together with cc-applicants have
     authority over a storm water management program that is in
     existence, or shall be in existence at the time part I of the
     Application is due;

           b. the permit applicant or cc-applicants . have established
     their ability to make a timely submission of part I and part 2 of
     the municipal application;

           c. Each of the  applicants has complied with the application
     requirements of sub.


                                        2







           (c) one permit application may be submitted for all or a
                 all municipal separate storm sewers within adjacent or
     portion  of
     interconnected-municipalities which are required to obtain a
     storm water discharge permit. The Department may issue one
     -system-wide permit covering all, or a portion of all municipal
     separate storm-sewers in adjacent or interconnected
     municipalities which are required to obtain a storm water
     discharge permit..

           (d) Permits for all or a portion of all discharges from
     municipal separate storm sewer systems that are issued on a
     system-wide, jurisdiction-wide, watershed or other basis may
     specify different conditions relating to different discharges
     covered by the permit, including different management programs
     for different drainage areas   which contribute storm water to the
     system.
           -(e) . Co-permittees need 'only comply with Perm it conditions
     relating  to'' discharges f rom the municipal separate storm.sewers
     for which they are owners o  .roperators.

           M     In addition  to meeting the requirements of sub.       an
     owner or  operator of a  storm water discharge associated wit!T-
     industrial -activity. which discharges through  a municipal'separate
     storm sewer system which is required    to obtain a permit shall
     submit the following to the owner or    operator of the muni -cipal
     semarate storm sewer system no later    than 60 days after the
           ipality has been designated as required   to obtain a permit
     munic
     or 180 days'prior t.o commencing such discharge:

           1. the name of the facility;

           2.  a contact person and phone   number; thelocation of the
     discharge;

           2.  a..description which best.*reflects the pr incipal products
     or services provided by each facility and any existing WPDES
     permit number.

           (3) Conveyances that discharge storm water     runoff combined
     with municipal sewage are point sources that must obtain WPDES
     permits in accordance with s. 147.02 and are not subject to the
     provisions of this section..

           (4) Dischargers of storm water subject to this section
     shall apply for an individual permit or seek'coverage under a
     promulgated storm water general permit in accordance with rules
     adopted by the department. The Department may use its discretion
     in determining whether an individual or general permit will be
     applicable, regardless of which type of permit was applied for.



                                        3






            (5) Facilities with existing WPDES permits for storm water
      discharges associated with industrial activity shall maintain
      existing permits.

            (6) Any owner or operator of amunicipal separate storm
      sewer system may petition the department to require a separate
      WPDES permit for any discharges into the municipal, separate
      storm-sewer system.

            (7) Any person may petition      the Department to recruire a
      WPDES permit for a discharge which is composed entirefy of storm
      water which contributes to a violation of a water quality
      standard or is a significant contributor of pollutants to waters
      of the state.

      SECTION  4. Sections 147.03 (1) and (2) (a) INTRO are amended to
      read:

            (1) No   permit issued-   by the department under-s9.'147.02
                shall have a term for more than 5.years.

            (2) (a)  Any permit issued by the department under s's.         147.()2
                                                                  -be mo*ified,
                    may; after an opportunity f or@ hearing
      @t@@or revoked, in whole             or in part; for cause, including
      but not limited to:

      SECTION. 5.   Section-147.035(2)      is amended,to  read:

            (2) COMPLIANCE WITH FEDERAL       STANDARDS            .......
                                                           a:
                                                                 ru
      DO                                                  pter  as they   relate
      to point source discharges, effluent limitations, municipal
      monitoring requirements, standards of performance for new
      -sources, toxic effluent standards, or prohibitions -and
                                                      .a
      pretreatment standards shall comply with* nd not exceed           the
      requirements of the federal water pollution control act, as
      amended, 33 USC 1251 to 1376 and regulations adopted und          .er  that
      act.


      SECTION 6. Sections 147.04(2)INT.Ro. and (4)INTRO are amended to
      read:


            (2)   SOURCES OTHER THAN PUBLIC TREATMENT WORKS. The
      discharge   from any point source, other than a publicly owned
                                                           d
      treatment   works
                                                   Arqeii@:
                                                                      ...........
                    shal                                       iremen s:

            (4)   EFFLUENT LIMITATIONS FOR      PUBLIC TREATMENT WORKS.
      Discharges from publicly owned treatment works,
                                                                          . . . . . . . . . . .
                                                           sh    'Com'       ith-
                                                              a
                                     ... . ....... ..... .
                                     ........ .......... . ......
           f,6110wi;ng requi:rement'


                                             4


 




      SECTION 7.  Section 147.10(l) is amended to read:

           (1)  For every discharge which has a total volume of more
      than 500,000 gallons on any of the year, except storm water
      discharges permitted under s. 147.021, the department shall 
      following public notice, prepare and send to any person who so
      requests, a fact sheet concerning the application described in
      the public notice.
                                                                      
                                             
                                            - 5 -











                                       PROPOSED  LEGISLATION



              LANDSPREAD WASTE ANNUAL FEE



              1)     The Department shall require by rule that all persons
                     landspreading municipal or industrial sludge, septage, food
                     industry by-products,-whey or other dairy wastes, leachate
                     from vegetable by.-product stacks or other wastes, who are
                     regulated by permits issued by the Department under
                     Chapter 147    and all persons landspreading septage, holding
                     tank wastes or other wastes'who are licensed under Chapter
                     .146.20, pay a Landspread Waste- Annual Fee.


              2)     The Landspread Waste Annual -Fee shall   take into account   the
                     acreaae receiving the landspr  eadwaste and   the effort
                          0
                     required by ehe Depar*tment to assure proper   lands-preading
                     practice and- site selection to protect the environment. In
                     establishing the Landspread Waste Annual Fee    the Department
                     may distinguish between previously approved sites and newly
                     avproved sites, the   relative strengths and volumes of the
                     lands.vread wastes and other factors which relate to the
                     efforts required by   the Department to proiect the

                     environment.



              3)     The Landspread Waste Annual Fee shall be designed to
                     generate revenues to fund the Department's proaram to
                     regulate landspread wastes.


              4)     Any person charged a Landspread Waste Annual Fee under this
                     section shall not be charged an Annual Environmental Fee. for
                     the landspread waste under 144.96, Stats.








               Discussion



               Currently there are 180,000 acres approved for land application of
               industrial wastewater, high strength waste such as whey, food
               processing by-products, leachate from food processing by-product
               stacks, municipal and industrial wastewater sludge and pumping
               from septic tanks and holding tanks.- Each year about 20 percent
               of the approved acreage is no longer used for various reasons and
               equivalent additional acreage is submitted for approval. If the
               Department were to require by rule a $1.00 per acre per year fee
               on.previously - approved acreage and a $3. 00 per acre. f ee -f or new
               approvals,.' this would generate $288,000 per year; $180,000 from
               approved acreage and $108,000 from new approvals (36,000 acres           x.
               $3.00 per acre).


               These  fees could be collected    through the same billing     procedure
               used in  the 'NR 101 fee collection. - The total acreage approved        for
               each ;@@aste generator would be   entered into a computdr-system used
               to track the location and loading on each site.         New acreage   would
               be added"as a-oDroved and at the end of     -the year  a computer program
               would be used to calculate an annual fee which includes anv
               present NR 101 fees and the $1.00 pe     r acre for   existing sites and
               $3.00 an acre for new approvals. A user fee structure could also
               be based on total volume of waste spread or on the total annual@
               pounds of nitrogen spread     since these parameters are proportional
               to acreage needed for spreading.


               The Department estimates that approximately $220,000 annually
               would need to be collected during the biennium to fund three FTEs
               for these activities, to fund training for landspreading operators
               @and to fund a statewide record-keeping system for landspreading
               sites and related data necessary to manage the program and

               determine the fees to be collected.




               p:\behmk\fees









                        STORMWATER DISCHARGE PERMIT FEE


       There is established an annual stormwater discharge permit fee.
       The fee shall be paid by each person issued a stormwater
       discharge 'permit required under 147.021 Stats. The annual fee
       shall be designed to generate loot of program costs for the
       stormwater discharge permit program.

       The annual stormwater permit fee shall be assessed for each
       facility subject to a stormwater discharge permit required und'er
       147.021 Stats. The fee for each permittee shall be reevaluated
       each year to reflect stormwater program costs for the upcoming
       year.

       The Department shall'establ ish by rule afee structure for
       calculating fees for each permit 'tee. The fee structure shall.
       consider the number of per-mittees, the 'Complexity of the
       stormwater situation at each* facility Permitted and' other factors
       which relate to the Deapartment Is ef forts to protect -the
       environment.

       Any facility charged a stormwater discharge permit fee under this
       section shall.not be charged for stormwater discharges under.
       147.96,*S.tats.







         The Deopleof the state of Visconsin. represented in senate and asserrfol,@. do

              enact as follows:




              SECTION 2.    23.50 (1) of the statutes is amended to read:

              2.350-(l)    The procedure in ss. 23.50 to 23.85 applies to all actions in

  3      circuit court to recover forfeitures, penalty assessments, jail assessments,

         applicable weapons assessments, applicable natural resources assessments and

  5      applicable natural resources iestituti      on payments for violations of ss. 77.09,

  6      134.60, 144.422 (s) and (2m) (c), 159.07, 159.08,         159.81, 167.10 (3) and

  7      167.31 (2), subch..   VI of ch.   77, this chapter and    chs. 26 to 31 and of.

  8      ch. 350; and any administrative rules promulgated         thereunder and violations of,

  9      local ordinances   enacted by any loc    'a 1authority   in accordance with s. 23.33

  '0     (11) (am)       50. 77 or s tormwater disc  harges under    s. 147.021.1

              SECTION 3.    23.50 (3),of the     statutes is amended to      read:

  -2@         23.50 (3) All     actions in municipal court      to recover   forfeitures,

  -3     penalty assessments    and   ail assessments - f or violations of local     ordinances

  L4     enacted by any local authority in       accordance  with s. 23.33 (11)     (am) Q@r-, 30-.77

  15     or stormwater discharges     under   s. 147.021-shall utilize the procedure       in

  16     ch..800. The actions shall be       brought before the municipal court having

  17     jurisdiction. Provisions relatingto-citations,           arrests, questioning,

  18     releases, searches, deposits and stipulations         of no contest in ss. 23.51 (1),

  19     (3) and (8), 23.53, 23.43, 23.56 to 23.64, 23.66         and 23.67 shall apply to

  20     violations of such ordinances.


  21          SECTION 4.    23.53 (1) of the     statutes is amended to read:

  22          23.53 (1)    The citation created under this section shall,          in all.actions

  23     to recover forfeitures, penalty assessments, jail assessments,            applicable

         weapons assessments, applicable natural resources assessments and applicable

  25     natural resources restitution payments for violations of those            statutes

  .26    enumerated in s. 23.50 (1) and any administrative rules promulgated.







  ,7     thereunder-, be used by any law enforcement officer with authority to enforce

   0-    those laws, except that the- uniform traffic citation created under s. 345.11

  '9     may be used by any law enforcement officer with authority to enforce those

  30     laws, except that the uniform officer employed under s. 110.07 in enforcing

  il     s. 167.31 or by an officer of a law enforcement agency of a municipality or

  32     county or a traffic officer employed under-s. 345.11 (1m), the citation shall

  33     not be used for violations of ch. 350 relating to highway.use. The citation

  34     may be used for violations of local ordinances enacted by any local authority

  35,    in accordance with s'. 23.'33 '(11) (am)      30.77 or stormwater discharzes under

  3 06   s. 147.021.


  37          SECTION 5.   23.56,(l)  of the  statutes is  amended to  read-

  38          23.56 (1). A person may be    arrested for a violation   of these  statutes

  39     enumerated in  s. 23.50 (1), any administrative rules promulgated thereunder,

         or any local ordinances enacted by any local auth     Iorit'y in accordance with

  41     s. .23.33 (11) (am). Q-;@, 30.77 or stormwater discharzes under   s. 147.021, after

  42     a warrant that substantially-complies with s.'    968.04 has been-issued.     Except

  43     as provided in sub. (2), :the person arres.ted shall be    brought without

  44     unreasonable delay before a- court   having jurisdiction   to try-the action.

  45          SECTION 6.   23.57 (1) (intro.) of the statutes is     amended to read:

  46          23.57 (1) (intro.@) A person may be arrested without warrant when the

  47     arresting officer has probable cause to believe that the person is committing

  48     or has committed a violation of those statutes enumerated in s. 23.50 (1), any

  49     administrative rules promulgated thereunder, or any local ordinances enacted

  50     by any local authority in accordance with s. 23.33 (11) (am) 4@;-. 30.77 or

  51     stormwater discharges under s. 147.021; and:


  52          SECTION 7    23.58 of the statutes is amended to read:


              23.58 TEMPORARY OUESTIONING WITHOUT- ARREST. After having identified

  54     himself or herself as an enforcing officer, an enforcing officer may stop a

  55     person in a public place for a reasonable period of time when the -officer







  6      reasonably suspects that such person is committing, is about to commit or has

         committed a violation of those statutes enumerated in s. 23.50 (1), any

  8      administrative rules promulgated thereunder, or any local ordinances enacted

  9      by any local authority in accordance with s. 23.33 (11) (am) 4D==. 30.77 or

  0      stormwater discharges under s. 147.021.     Such a stop may be made only where

         the enf orcing of f icer has proper authority to make an arrest f or such a

  2      violation. The officer may demand the name and address of the person ad an
 ;3      expl.anation of. th@ person's conduct. Such detention and temporary questioning

 54      shall be conducted in the vicinity where the person was stopped.

 S5           SECTION 8.   23.62- (intro,.) of the statutes is amended to read:

 S6           23.62 ISSUANCE OF A CITATION. (intro.) Whenever an enforcing        officer

 57      has probable cause to believe that a person subject to his or     here authority
 68      is co,mmitting or has committed a violation'of these    statutes  enumerated in

 69...   s. 23.50 (1), any administrative rules promulgated. tl@ereunder, or any local

 7U      ordinances enacted by any. local authority in   accordance with   s. 23.33 (11)

 71      (am) 4;@, 30.77 or stormwater discharges     der  s. 147.021, the  officer may

 72      proceed in the following manner:

 73           SECTION 9.   23.65 (1) of*the statutes is    amended to read'@

 74           23.65 (1)' When it appears to the district attorney that a      violation 'of

 75      s. 134.60, 144.422 (2) or (2m) (c),    stormwater discha4rges under s. 147.021.

 76      159.07, 159.08 or 159.81, this chapter or ch. 26, 27, 28, 29, 30, 31 or 350,

 77      or any administrative rule promulgated pursuant thereto, has been committed

 78      the district attorney may proceed by complaint and summons.



         v:\9210\ww9disse.jhm









                                                     DRAFT REGS- STORMWATER
        AAA.02 Applicability   (1)  Permits must be obtained for all of
        the following stormwater 
        discharges:
                           
        
               (a) discharges associated with industrial activity,
               including construction on parcels of land in excess of one
               acre.
                                    
                             


              (b) discharges from municipal separate storm sewer systems
        serving incorporatedareas of 100,000 or more. The Department
        may, by regulation, require additional municipalities to obtain a
        permit for their stormwater discharges.

              (c)  a discharge which the Department determines is a
        significant contributor of pollutants to waters of the state.
        This designation may include stormwater discharges from a single
        activity, class of activities or a municipal separate storm sewer
        system. The Department may designate discharges from municipal
        separate storm sewer systems on a system wide, jurisdiction wide
        or watershed basis.

        In making this determination, the Department may consider the
        following factors:

              1. nature of the receiving water
              2. quantity and nature of the pollutants discharged to
        waters of the state
              3. other relevant factors
        
       

              (2)        (a) For all discharges from
         municipal separate storm sewer systems serving incorporated areas
         with populations greater than 100,000 or other municipal areas as
         designated by the Department.
                                      1. issue one system wide
         permit covering all discharges from the municipal separate storm
         sewer or
        
                  2. issue distinct permits for appropriate categories of
         discharges within the municipal separate storm sewer system
         including but not limited to: all discharges owned or operated by
         the same municipality, located within the same jurisdiction, all
         discharges within a system that are similar in nature, or for
         individual discharges from municipal separate storm sewers within
         the system.

             (b)  The owner or operator of a discharge from a municipal
         separate storm sewer system which is required to obtain a permit
         must:
       
                                          -1-


                 









                                 1. participate in a permit application (to be a permittee or
                             a co-permittee) with one or more other owners or operators of
                             discharges from municipal separate storm sewer systems; or

                    
                                 2. submit a distinct permit application which only covers
                             discharges from the municipal separate storm sewers for which
                             the owner or operator is responsible; or


                                 3. be subject to a permit application from a regional
                             authority which has submitted a
                             permit application under the following guidelines:

                                  a. The regional authority together with co-applicants 
                             have authority over a storm water management program that is in
                             existence, or shall be in existence at the time part 1 of the
                             application is due;

                                  b.  the permit applicant or co-applicants have
                             established their ability to make a timely submission of part 1
                             and part 2 of the municipal application;
                          
                                  c. Each of the applicants has complied with the
                             application requirements AAA.04 and AAA.05 as appropriate.
                             

                                 (c) One permit application may be submitted for all or a
                              portion of all municipal separate storm sewers within adjacent or
                              interconnected municipalities which are required to obtain a
                              stormwater discharge permit.  The Department may issue one
                              system-wide permit covering all, or a portion of all municipal
                              separate storm sewers in adjacent or interconnected
                              municipalities which are required to obtain a stormwater
                              discharge permit.



                                 (d) Permits for all or a portion of all discharges from
                            municipal separate storm sewer systems that are issued on a
                            system-wide, jurisdiction-wide, watershed or other basis may
                            specify different conditions relating to different discharges
                            covered by the permit, including different management programs
                            for different drainage areas which contribute storm water to the
                            system.       

                                  (e). Co. permittees need only comply with permit conditions
                             relating to discharges from the municipal separate storm sewers
                             for which they are owners or operators.
                                                          
                                  (f) In addition to meeting the requirements of section
                             AAA.04 of this section , an owner or operator of a storm water
                             discharge associated with industrial activity which discharges
                             through a municipal separate storm system which is required
                             to obtain a permit shall submit the following to the owner or
                             operator of the municipal separate storm sewer system no later
                             than 60 after the municipality has been designated as required to
                             obtain a permit or 180 days prior to commencing such discharge:































                            








                    1. name of the facility;
                                                                                       
                    2. contact person and phone number; the location of the
                 discharge;                                                                 

                    2.  description which best reflects the principal products
           or services provided by each facility and any existing WPDES
           permit number. 
             

                     (3) Conveyances that discharge                                 
           storm water runoff combined with municipal sewage are point
           sources that must obtain WPDES permits in accordance with Chapter
           147, Wisc. Stats. and are not subject to the provisions of this
           section.


           AAA.03 Definitions
                 (1)    "Co-permittee" means a permittee to a WPDES permit                                                                             
           that is only responsible for permit conditions relating to the           
           discharge for which it is the owner or  operator. TERM NOT USED

                 (2) "Illicit discharge" means any discharge to a municipal
           separate storm sewer that is not composed entirely of storm water
           except- discharges pursuant to a WPDES permit (other than the
           WPDES permit for discharges from the municipal separate storm
           sewer) and discharges from fire fighting activities.

                 (3) "Incorporated area" means a city,  or
           village that incorporated under the  laws of the state of
           Wisconsin.

                 (4) Major outfall means a municipal separate storm sewer outfall
           that discharges from a single pipe with an inside diameter of 36
           inches or more or its equivalent (discharge from a single
           conveyance other than circular pipe which is associated with a
           drainage area of more than 50 acres); or for municipal separate
           storm sewers that receive storm water from lands zoned for
           industrial activity (based on comprehensive zoning plans or the
           equivalent), an outfall that discharges from a single pipe with
           an inside diameter of 12 inches or more or from its equivalent
           (discharge from other than a circular pipe associated with a
           drainage area of 2 acres or more).

                 (5)  CHANGED SINCE "MAJOR MUNICIPAL SEPERATE STORM
           SEWER OUTFALL IS NEVER USED IN THE TEXT.

                 (6) "Municipal separate storm sewer" means a conveyance or
           system of conveyances (including roads with drainage systems,
           municipal streets, catch basins, curbs, gutters, ditches,
           constructed channels, or storm drains):
 








                4. the nature of the receiving    water;

                5. other relevant factors,- er:,,,.::

                (d) The Department faay, fi&':s' upon petition, designate.- as a
          municipal separate storm sewer system, municipal separate'.      ". storm
          .sewers locatedwithin the boundaries of a region defined by a
          storm water management regional authority based on a
          jurisdictional, watershed, or other appropriate basis that
          includes one or more of the systems described in paragraph (7),(a)
          or (b) of this section.

                (8)  "Outfall" means a   eenveyanee ef ster-Riwat__.:::*..::.
                               a           @e
                              W.
                            rm.         wa r@S@iii@io
                          t
                                                       Nsit
                                  . ...... .. ....... .
                (9) "Runoff coefficient" means the      fraction of   total
          rainfall that will appear at a     conveyance of stormwater as runoff
          or the fraction of total rainfall that will exit the property to
          be permitted.

                (10) "Significant materials',' includes, but is not limited
          to;. raw materials; fuels; materials such as solvents, detergents,
          and plastic pellets; finished materials such as metallic
          p-jFoducts; raw materials used in food processing or production;
          hazardous substances-designated under section 101(14) of CERCLA;
          any chemical the facility is.required to report pursuant to
          section 313 of title III of SARA; fertilizers; pesticides; and
          waste products such as ashes, slag and sludge that have the
          potential to be released with storm water discharges.

                (11) "Storm water"    means storm water runoff, snow melt
          runoff, and surface runoff and drainage.

                (12) M:Storm water   discharge associated with industrial
          activityll M'e'ans storm water which has.come into contact with
          manufacturing,.processing or materials storage areas. For the
          categories of industries identified in paragraphs (12)(a)
          through(j) of this section, the term includes, but is not limited
          to, storm water discharges from industrial plant yards; immediate
          access roads and rail lines used or traveled by carriers of raw
          materials, manufactured products, waste material, or by-products
          used or created by the facility; material handling sites; refuse
          sites; sites used for the application or disposal of process
          waste waters (as defined at 147, Wisc Stats.,); sites used for
          the storage and maintenance of material handling equipment; sites
          used for residual treatment, storage, or disposal; shipping and
          receiving areas; manufacturing buildings; storage areas
          (including tank farms) for raw materials, and intermediate and
          finished products; and areas where indu     'strial activity has taken
          place in the past and significant materials remain and are
          exposed to storm water. For the categories of industries
          identified in paragraph (12) of this section, the term includes
          only storm water discharges from all the areas (except access
          roads and rail lines) that are listed in the previous sentence












                     ALTHOUGH THERE IS AN EXTENSIVE DEFINITION OF THE PHRASE
                     "MUNICIPAL SEPERATE STORM SEWER', THE PHRASE IS NEVER
                     ACTUALLY USED ANYWHERE IN THE TEXT

                (a) owned or operated by a State, city, town, borough,
          county, parish, district, association, or other public body
          (created by or pursuant to State law) having jurisdiction over
          disposal of sewage, industrial wastes, storm water er, or their
          wastes, including special districts under State law such as a
          sewer district, flood control district or drainage district, or
          similar entity, or an Indian tribe or an authorized Indian
          tribal organization, or a designed and approved management
          agency under section 208 of the CWA that discharges to waters of
          the United States;

                (b) designed or used for collecting or conveying storm
          water,

                (c) which is not a combined sewer; and

                (d) which is not part of a Publicly Owned Treatment Works
          as defined in chapter 147, Wisc. Stats.

                (7) "Municipal separate storm sewer system" means all
          municipal seperate storm sewers that are either:

                     DITTO: THE PHRASE IS NEVER USED.
                (a) located in an incorporated area serving a population of
          100,000 or more;

                (b) located in a municipality designated by   the Department
          as needing a stormwater discharge permit, or;

                (c) owned or operated by a municipality    other than those
          described in paragraph (7)(a) or (b) of this section and that are
          designated by the Department as part of the municipal separate
          storm sewer system required to obtain a permit due to the
          interrelationship between the discharges of the designated storm
          sewer and the discharges from municipal separate storm sewers
          described under paragraph (7)(a) or (b) of this section. In
          making this determination the Department may consider the
          following factors:

                1. Physical interconnections between the municipal separate
          storm sewers;

                2. The location of discharges from the designated municipal
          separate storm sewer relative to discharges from municipal
          separate storm sewers described in paragraph (7)(a) or (b) of
          this section;

                3. the quantity and nature of pollutants discharged to
          waters of the state;








          where material handling equipment or activities, raw materials,
          intermediate products, final products, waste materials, by-
          products, or industrial machinery are exposed to storm water.
          For the purposes of this paragraph, material handling activities
          include the storage, loading and unloading, transportation, or
          conveyance of any raw material, intermediate product, finished
          product, by-product or waste product. The term excludes areas
          located on plant lands separate from the plant's industrial
          activities, such as office buildings and accompanying parking
          lots as long as the drainage from the excluded areas is not mixed
          with storm water drained from the above described areas.


                    AGAIN, THIS PHRASE IS NEVER USED IN THE TEXT
          mom


                    @@:Industrial facilities (including industrial facilities
          that                 state or municipally owned or operated that.
          meet the description of the facilities listed in paragraph
          (12)(a) through (j) of this section) include those facilities
          designated under the provisions of paragraph AAA.02(l)(c) of
          this section. The following categories of- facilities are
          considered to be,.engaging in "industrial activity" for purposes
          of this sabseet
                              ch  t r:

               (a) Facilities subject  to  storm water effluent limitations
          guidelines, new source performance standards, or toxic pollutant
          effluent standards under 40 CFR subchapter N (except facilities
          with toxic pollutant effluent standards which are'exempted under
          category  (j) of this section;

               (b)  Facilities engaged in the following activities:

                   manufacturing or processing foods and.beverages for
          human donsumptionj and certain related products, such as
          manufactured ice, chewing gum, vegetable and animal fats and
          oils, and prepared feeds for animals and fowls;

               2. manufacturing cigarettes, cigars, smoking and chewing
          tobacco, and snuff, and in stemming and redrying tobacco;

               3. - preparation of fiber and subsequent manufacturing of
          yarn, thread, braids, twine, and cordage; manufacturing board
          woven fabric, narrow woven fabric, knit fabric, and carpets and
          ,rugs from yarn; dyeing and finishing fiber, yarn, fabric, and
          knit apparel; coating, waterproofing, or other wise treating
          fabric; the integrated manufacture of knit apparel and other
          finished articles from yarn; and the manufacture of felt goods,
          lace goods, non-woven fabrics, and miscel.laneous textiles;.

               4. producing clothing and fabricating products by cutting
          and sewing purchased woven or knit textile fabrics and related
          materials such as leather, rubberized fabrics, plastics and furs.









               5. logging camps engaged in cutting timber and pul     pwood;
          merchant sawmills, lath mills, shingle mills, cooperage stock
          mills, planing mills, and plywood mills and veneer mills engaged
          in producing lumber and wood basic materials; and establishments
          engaged in manufacturing finished articles made entirely or
          mainly of wood or wood substitutes.

               5. manufacturing household, office, public building, and
          restaurant furniture; and office and store fixtures;

               6. manufacture of pulps from wood and other cellulose
          fibers, and from rags; the manufacture of paper and paperboard;
         .and the manufacture of paper and paperboard into converted
          products such as paper coated off the paper machine, paper bags,
          paper boxes, and envelopes.

               7. printing of one or more of the common processes, such as
          letter press, lithography, gravure, or screen; and those
          establishments which perform services for the printing trade,
         -such a bookbinding, typesetting, engraving, photoengraving, and
          electrotyping.

               8. producing basic chemicals, and establishments
          manufacturing products by predominantly chemical proces's.
          Establishments classified in this major group manufacture their
          general classed of products: basic chemicals such as@ acids,
          alkalies, salts, and organic chemicals; chemical, products to be
          used in further manufacture such as synthetic fibers, plastics
          materials, dry colors, and pigments; and finished chemical
          products to be used for ultimate consumption such as drugs,
          cosmetics, and soaps; or to be used a s materials or supplies in
          other industries such as paints, fertilizers', and explosives.

               9   engaged in.petroleum refining, manufacturing paving and
          roofing materials, and compounding lubricating oils and greases
          from purchased materials

               10. manufacturing from natural, synthetic, or reclaimed
          rubber, gutta percha, balata, or gutta siak, rubber products such
          as tires, rubber footwear, mechanical rubber goods, heels and
          soles, flooring, and rubber sundries.

               11. engaged in tanning, durrying, and finishing hides and
          skins, and establishments manufacturing finished leather and
          artificial leather products and some similar products made of
          other materials. Leather converters are also included.

               12. engaged in manufacturing flat glass and other glass
          products, cement, structural clay products, pottery, concrete and
          gypsum products, cut stone, abrasive and asbietos products, from
          materials taken principally from the earth in the form of stone,
          clay, and sand.








                13. engaged in the smelting and refining of ferrous and
          nonferrous metals from ore, pig, or scrap; in-the rolling,
          drawing, and alloying of ferrous and nonferrous metals; in the
          manufacture of castings and other basic products of ferrous and
          nonferrous metals; and in the manufacture of nails, spikes, and
          insulated wire and cable. This includes the manufacture of coke.

                14. engaged in fabricating ferrous and nonferrous metal
          products such as metal cans, tinware, hand tools, cutlery,
          general hardware, nonelectric heating apparatus, fabricated
          structural metal products, metal forgings, metal stampings,
          ordnance (except vehicles aq,d guided missiles), and a-variety of
          metal and wire products.

                15. manufacturing machinery and equipment including
          machines powered by built-in or detachable motors, and portable
          tools.

                16. manufacturing machinery, apparatus, and supplies for.
          the generation, storage, transmission, transformation and
          utilization of electrical energy. This includes household
          appliances.

                17. Manufacturing equipment for transportation of
          passengers and cargo by land, air, and water. This includes
          motor vehicles, aircraft, guided missiles and space vehicles,
          ships, goats, railroad equipment, and miscellaneous
          transportation equipment such as motorcycles, bicycles and
          snowmobiles.

                18. manufacturing instruments for measuring, testing,
          analyzing, and controlling, and their associated sensors and
          accessories; optical instruments and lenses, surveying and
          drafting instruments; surgical, medical, and dental instruments,
          equipment, and supplies; ophthalmic goods; photographic equipment
          and supplies; and watches and clocks.

                19. manufacturing products not included in any other
          category in paragraph (12) of this section including, but not
          limited to, jewelry, silverware and plated ware; musical
          instruments; toys, sporting and athletic goods; pens, pencils,
          and other office and artists' materials; buttons, costume
          novelties, miscellaneous notions; brooms and brushes; caskets;
          and other raiscellaneous manufacturing industries.

                (c) active and inactive mining operations and oil and gas
          exploration, production, processing, or tr a tnent eepratiens
                                  or transmission facilities that discharge
          's'tbj@t water con'tamin' ated by contact with or that has come into
          contact with, any overburden, raw material, intermediate
          products, finished products, byproducts or waste products located
          on the site of such operations. Inactive mining operations are
          mining sites that are not being mined, but which have an
          identifiable owner/operator; inactive mining sites do not include








          sites where mining,calims are being maintained prior to
          disturbances associated with the extraction, beneficiation, or
          processing of mined materials, nor sites where minimal activities
          are undertaken for the sole purpose of maintaining a mining
          claim.

               (d) hazardous waste treatment, storage, or disposal
          facilities, including those that are operating under interim
          status or a permit under subtitle C of RCRA.

               (e) landfills, land application sites, and open dumps that
          receive or have received any industrial wastes (waste that is
          recieved from any of the facilities described under this
          subsection) including those that are subject to regulation under
          subtitle D of RCRA.

               (f) facilities involved in the recycling of materials,
          including and limited to metal scrapyards, battery reclaimers,
          salvage yards, and automobile junkyards.

               (g) steam electric power generating facilities, including
          coal handling sites.

               (h) railroad establishments furnishing transportation by,
          line-haul railroad, as well as REA express, and switching and
          terminal establishments; establishments primarily engaged in
          furnishing local and suburban passenger transprotation, such as
          those providing passenger transportation within a single
          municipality, contiguous municipalities, or a municipaity and its
         .suburban areas by bus, rail, or subway, either separately or in
          combination, and establishments engaged in furnishing
          transportation to local scenic features; transportation
        .establishments primarily engaged in furnishing highway passenger
          tranportation and establishments furnishing highway passenger
          terminal or maintenance facilities; establishments furnishing
          local or long-distance trucking, or transfer services, or those
          engaged in the storage of farm products, furniture and other
          household goods, or commercial goods of any nature; the U.S.
          Postal Service, Post Office contract stations and establishments
          primarily transporting mail on a contract basis for the U.S.
          Postal Serivce; establishments engaged in freight and passenger
          transportation on the open seas or inland waters, and
          establishments furnishing such incidental services as lighterage,
          towing, and canal operation including excursion boats,
          sightseeing boats and water taxis; establishments engaged in
          furnishing domestic 'and foreign transportation by air and also
          those operating airports and flying fields and furnishing
          terminal services; establishments primarily engaged in
          wholesaling petroleum products, including liquefied petroleum
          gas, from bulk liquid storage facilities. Only those portions of
          the facility that are involved in vehicle maintenance (including
          vehicle rehabilitation, mechanical repairs, painting, fueling,
          and lubrication) equipment cleaning operatons, airport deicing
          operatons, or which are otherwise identified under paragraphs









                        .03(12) of this section are considered associated with industrial
                        activity.

                              (i) treatments works treating domestic sewage or any other
                        sewa ge sludge or wastewater treatment device or system, used in
                        the storage treatment, recycling, and reclamation of municipal or
                        domestic sweage, including land dedicated to the disposal of
                        sewage sludge that are located within the confines of the
                        facility, with a design flow of 1.0 mgd or more, or required to
                        have an approved pretreatment program under 40 CFR par 403. Not
                        included are farm lands, domestic gardens or lands used for
				sludge management where sludge is beneficially reused and which
				are not physically located in the confines of the facility or
				areas that are in compliance with section 405 of the Clean Water
				Act.

                                    (j) construction activity including clearing,                                                                   
                        excavation activities except: operations that result in the
                        disturbance of less than one acre of total land area which are
                        not part of a larger common plan of development or sale.


                        ---------------------------------------------------

					(2) Activities not included under this chapter are farm
				lands, domestic gardens or lands used for sludge management where
				sludge is beneficially reused and which are not physically
				located in the confines of the facility or areas that are in
				compliance with section 405 of the Clean Water Act.

				AAA.04  Application Requirements for Stormwater Discharges
				Associated with Industrial Activity.  Discharges of stormwater
				associated with Industrial activity are  required to shall apply
				for an individual permit or seek coverage under a promulgated
				storm water general permit. Facilities that are required seek to
				obtain an individual permit, or any discharge of stormwater which
				the Department is evaluating for designation under paragraph
				AAA.02(1)(c) and is not a municipal seperate storm sewer, shall
				submit a WPDES application in accordance with requirments of
				the following:

                           

                          (1) Except as       provided in AAA.04(2)-(4), the owner or operator                                                                   
                                                                                                                                                             
                        of a storm water discharge associated with industrial activity
                        subject to this section shall provide:

                               (a) A site map showing the outline of drainage areas covered
                        in the application of the facility including: each of its
                        drainage and discharge structures; the drainage area of each
                        storm water outfall; paved areas and buildings within the
                        drainage area of each storm water outfall, each past or present
                        area used for outdoor storage of disposal of significant
                        material, each existing structural control measure to reduce
                        pollutants in storm water runoff, materials loading and access
                        areas, areas where pesticides, herbicides, soil conditioners and
                        fertilizers are applied, each of its hazardous waste treatment,
                        storage or disposal facilities  ( including each area not required








           to have a RCRA permit which is used for accumulating hazardous
           waste under 40 CFR 262.34)--@:...:each well where fluids from the
           facility are injected under'@round; springs, and other surface
           water bodies which receive storm water discharges from the
           facility;

              (b) An estimate of the area of impervious surfaces ( including
           paved areas and building roofs) and the total drained by each
           outfall and a narrative description of the following:          I
           Significant materials that in the three years prior to the
           submittal of this application have been treated, stored or
           disposed in a -manner to allow exposure to storm water: method of
           treatment storage or disposal of such materials: materials
           management practices employed, in the tree years prior to the
           submittal of this application, to minimize contact by these
           materials with storm water runoff; -materials loading and access
           areas; the location, manner and frequency in which pesticides,
           herbicide, soil conditioners and fertilizers are applied; the
           -location and a description of existing.structural and non-
           structural control'measures to reduce pollutants in storm water
           runoff; and a description of the treatment the storm water
           receives, including the ultimate disposal of any solid or fluid
           wastes other than by discharge;

              (c) A certification that all outfalls that should contain
           storm water discharges associated with industrial activity have
           been tested or evaluated for the presence of non-storm water
           discharges which are not covered    by a WPDES permit; tests for
           such non-storm water discharges may include smoke tests,
           fluorom6,tric dye tests, analysis of accurate schematics, as well
           as other appropriate test. The certification shall include a
           description of the method used, the date of any testing, and the
           on-site drainage points that were directly observed during a
           test;

              (d) Existing information regarding significant leaks or spills
           of toxic or hazardous pollutants at the facility that have taken
           place within the three years prior to the submittal of their
           application;

              (e) Gper-aters ef  Fbt new sources or new discharges of
           stormwater@.'-".*'-'@@ must sub ......... a pollution prevention plan describing
           how potent:-'I.;::al pollutants from the site will be prevented from
                                                   b,
           coming into contact   with stormwater-':.'. where contact with
           pollutants will occur, the applieant'faust deser-
              what treatment practices will be used.

              (2) The            operator of an existing or    new storm water
                      t  :E""is associ
           discharge                 ated with industrial activity solely
           under paragraph (j) ef this seeti-e-@,       is exempt  from the
           requirements of ()and paragraph ef th!6'seetie.n..     Such
           operator shall provide a narrative description of:








              (a) The location (including a map) and the nature of the
          construction activity;

              (b) The total area of the site and the area of the site that
          is expected to undergo excavation during the life of the permit;

              (c) Proposed measures, including best management practices, to
          control pollutants in storm water discharges during construction,
          including a brief description of applicable State and local
          erosion and sediment control requirements;

              (d) Proposed measures to control pollutants in storm water
          discharges that will occur after construction operations have
          been completed, including a brief description of applicable@State
          or local erosion and sediment control requirements;

              (e) An estimate of the runoff coefficient of the site and the
          increase in impervious area after the construction addressed in
          the permit application is completed, the nature of fill material
          and existing data describing the soil or the quality of the
          discharge;.and

              (f). The name of the receiving water.

              (3) The pWn'e'r::-*:':or::.operator of an existing or new discharge
          composed en*""*:*i'r."" e:@::1'::::y*:-;:::8*:f: storm water from an oil or gas exploration,
          production, processing, or treatment operation, or transmission
          facility is not required to submit a permit application in
          accordance with paragraph AAA.04(l), unless the facility:

              (a) Has had a discharge of storm water resulting in the
          discharge of a reportable quantity for which notification is or
          was required pursuant to 40 CFR 117.21 or 40 CFR 302.6 at anytime
          since November 16, 1987; or

              (b) Has had a discharge of storm water resulting in the
          discharge of a reportable quantity for which notification is or
          was required pursuant to 40 CFR 110.6 at any time since November
          16, 1987; or

              (c) Contributes to a violation of a water quality standard.
          Owner and operators of construction activity in municipalities
          with erosion control ordinances which have certified by the
                      as adequate to meet the regulations of the GW
                                                                             The
                 q   are exemp
                              t from the requirements of this statute.,
                ............
                            will promulgate rules for such certification.
                       ..........

              (4) The  wnergi@@br,@:@:@operator of an existing or new discharge
          composed en*i're'fy:::o:" storm water from a mining operation is not
          required to  submit a permit application unless the discharge has
          come into contact with, and overburden, raw material,
          intermediate products, finished product, byproduct or waste
          products located on the site of such operations.








             (5) Applicants shall provide such other information the
                          @Pt -may reasonably -require-to determine whether
          Pli-eeter-
          to issue            and may require any facility subject to
          paragraph AAA.04(l) of this section to comply with paragraph
          AAA.04(2) of this section.

          AAA.05 Application requirements for municipal separate storm
          sewer discharges. The                       of a discharge from a
          municipal separate stor sewer or a municipal separate storm
          sewer that is designated by the Director under paragraph .02
          (1)(c) of this section, may submit a jurisdiction-wide or system-
          wide permit application. Where more than one public entity owns
          or operates a municipal separate storm sewer within a geographic
          area (including adjacent or interconnected municipal separate
          storm sewer systems), such operators may be a coapplicant to the
          same application. Permit applications for discharges from large
          and medium municipal storm sewers or municipal storm sewers
          designated under paragraph .02 (@)(c) of this section shall
          include;

             (1) Part i. Part 1 of the application shall consist of;

             (a) General inferfaatien. The applicants' name, address,
          telephone number of contact person, ownership status and status
          as a State orlocal government entity.

             (b) Iegal autherityr A description of existing legal
          authority to control discharges to the municipal separate storm
          sewer system. When existing legal authority is not sufficient to
          meet the criteria provided in paragraph of this section, the
          description sh 'all list additional authorities as will be
          necessary to meet the criteria and shall include a schedule and
          commitment to seek such additional authority that will be needed
          to meet the criteria-

             (c) Seur-ee identifieatien. 1. a.A. description  of the historic
          use of ordinances, guidance or other controls which limited the
          discharge of non-storm water discharges to any Publicly Owned
          Treatment Works serving the same area as the municipal separate
          storm sewer system.

             2. A USGS 7.5 minute topographic map (or equivalent
          topographic map with a scale between 1:10,000 and 1:24,000 if
          cost effective) extending one mile beyond the service boundaries
          of the municipal storm sewer system covered by the permit
          application. E@he frellewing inferynatien shall: be previded:

             4.33. The location of known municipal storm sewer system
          outfalls discharging to waters of the United States;

             bX. A description of the land use activities (e.g. division
          indi'C:':':ating undeveloped, residential, commercial, agricultural and
          industrial uses) accompanied with estimates of population
          densities and projected growth for a ten year period within the








          drainage area served by the separate 'storm sewer. For each land
          use type, an estimate-of an average runoff coefficient shall be
          provided;


                  The location and a description of the activities of the
          facility of each currently operating or closed municipal landfill
          or other treatment, storage or disposal facility for municipal
          waste;

              ,d..fi. The location and the permit number of any known discharge
          to t e municipal storm sewer that has been issued a WPDES permit;

              e7i. The location of major structural controls for storm water
          disc  arge (retention basins, detention basins, major infiltration
          devices, etc.) and

                  The identification of publicly owned parks, recreational
          area 9, and other open lands.

              (d) Diseharge ehar-aetei=izatien.

                1. Monthly mean rain and snow fall estimates (or summary of
          weather bureau data) and the monthly average number of storm
          .events.

              2.  Existing quantitative data describing the volume an
          quality of discharges from the municipal storm sewer, including a
          description of the outfalls sample, sampling procedures and,
          analytical methods used.

              3. .A list of water bodies that receive discharges from the
          municipal separate storm sewer system, including downstream
          segments,, lakes and estuaries, where pollutants from the system
          discharges nay accumulate and cause water degradation and a brief
          description of known water quality impacts.- At a minimum, the
          description of impacts shall include a description      of whether the
          water bodies receiving such discharges have been-..:"*.

              a. Assessed and reported in section 305(b)
             t. reports submitted by the State, the basis for    the   dssessn@dht
          (6Valuated or monitored), a summary of.designated      use  support and
          attainment of Clean Water Act (GWA) goals (fishable and swimmable
          waters), and causes of nonsupport of designated uses;

              b. Listed under section 304(l)(1)(A)(i), section
          304 (1) (1) (A) (ii) , or section 304 (1) (1) (B) of the GWA
               that is not expected to meet water quality standards 6r water
          quality goals;

              c. Listed in Stat Nonpoint Source Assessments required by
                                             Ila br:.@@:Act that, without
         ,section 319(a) of the GWA
          additional action to control nonpoint sources of pollution,
          cannot reasonably be expected to attain or maintain water quality








           standards due to storm sewers, construction, highway maintenance
           and runoff from municipal landfills and municipal sludge adding
           significant pollution (or contributing to a violation of water
           quality standards);

              d. Identified and classified according to eutrophic condition
           of publicly owned lakes listed in State reports required under
                                                        t
           section 314 (a) of the GWA C'if@ ih"@iJ 4t,     (include the following:
           A description of those pub    ncl .y'I."..... o*whed1:. a.es for which uses are
           known to be impaired; a description of procedures, processes and
           methods to control the discharge of pollutants from municipal
           separate storm sewers into such lakes; and a description of
           methods and procedures to restore the quality of such lakes);

              e. Areas of concern of the Great Lakes identified by the
           International Joint Commission;

              f. Designated estuaries under the National Estuary Program
                                             ..:ean7,*:..;-.
           under section 320 of the GWA Cl"' ", Mi,
                                               ............ ..... .
                                                 .................. ..... ......

              g. Recognized by the applicant as highly valued or sensitive
           waters;

              h. Defined by the state or U.S. Fish and Wildlife ServicesIs
           National Wetlands Inventory as wetlands; and

              i. Found to,have pollutants in bottom sediments, fish tissue
           or biosurvey data.

                            r
              4. Field Se             Results of a field screening analysis      for
           illicit connections and illegal dumping for either selected field
           screening points or major outfalls covered in the permit
           application. At a minimum, a screening analysis shall include a
           narrative description, for either each field screening point or
           major outfall, of visual observations mad during dry weather.
           periods. If any flow is observed, two grab samples shall be
           collected during a 24 hour period with a minimum period of four
           hours between samples. For all such samples, a narrative
           description of the dolor, odor., turbidity, the presence of an oil
           sheen or surface scum as well as any other relevant observations
           regarding the potential presence of non-storm water discharges or
           illegal dumping shall be provided. In addition, a narrative
           description of the results of a field analysis using suitable
           methods of a field analysis using suitable methods to estimate
           pH, total chlorine, total copper, total phenol, and detergents
           (or surfactant) shall be provided along with a description of the
           flow rate. Where the field analysis does not involve analytical
           methods approved under 40 CFR part 136i the applicant shall
           provide a description of the method used including the name of
           the manufacturer of the test method along with the range and
           accuracy of the test. Field screening points shall be either
           major outfalls or other outfall points (or any other point of
           access such as manholes randomly located throughout the storm
           sewer system by placing a grid over a drainage system map and








          identifying those cells of the grid which contain a segment of
          the storm sewer system.of major outfall. The field screening
          points shall be established using the following guidelines an
          criteria:

             a.-)- A grid system consisting of perpendicular north-south and
          east-west lines spaced 1/4 mile apart shall be overlayed on a map
          of the municipal storm sewer system, creating a series of cells;

          . b. All cells that contain a segment of the storm sewer system
          shall be identified; one field screening point shall be selected
          in each cell; major outfalls may be used as field screening
          points;

             c. Field screening points should be located downstream of any
          sources of suspected illegal or illicit activity;

             d. Field screening points shall be located to the degree
          practicable at the farthest manhole or other accessible location
          downstream in the system, within each cell; however, safety of
          personnel and accessibility of the location should be considered
          in making this determination;

             e. Hydrological conditions; total drainage area of 'the site;
          population density of the site; traffic density; age of the
          structures or buildings in the area; history of the area; and
          land-use types;

             f. For municipal separate storm sewer systems, no more than 5.0
          cells need to have identified field screening points; cells
          established by the grid that contain no storm sewer segments will
          be eliminated from consideration;

             g. Municipal separate storm sewer systems which are.unable to
          utilize the procedures described in paragraphs AAA.05(1)(d)i.
          through 5. of this section, because a sufficiently detailed map
          of the separate storm sewer systems is unavailable, shall field
          screen no more than 500 major outfalls respectively (or all major
          outfalls in the system, if less); in such circumstances, the
          applicant shall establish a grid system consisting of north-south
          and east-west lines spaced 1/4 mile apart as an overlay to the
          boundaries of the municipal storm sewer system, thereby creating
          a series of cells; the applicant will then select major outfalls
          in as many cells as possible until at least 500 major outfalis
          (medium municipalities) are selected; a field screening analysis
          shall be undertaken at these major outfalls.

             5. Gharaeterizatien plan. Information and a proposed program
          to meet the requirements of paragraph AAA.05(2)(c) of this
          section. Such description shall include: the location of
          outfalls or field screening points appropriate for representative
          data collection under paragraph AAA.05(l)(d)3. of this section, a
          description of why the outfall or field screening point is
          representative, the seasons during which sampling is intended, a








          description of the sampling equipment. The proposed location of
          outfalls or field screening points for such sampling should
          reflect water quality concerns (see paragraph (d)(1)(iv)(C) of
          this section) to the extent practicable.

             (e) Managefaent pregrafas. 1. A description of the existing
          management programs to control pollutants from the municipal
          separate storm sewer system. The description shall provide
          information on existing structural and source controls, including
          operation andmaintenance measures for structuralcontrols, that
          are currently being implemented. Such controls may include, but
          are not limited to: Procedures to control pollution resulting
          from construction activities; floodplain management controls;
          wetland protection measures; best management practices for new
          subdivisions; and emergency spill response programs. The
          description may address controls established under State law as
          well as local requirements.

          . 2. A description,of the existing program to identify illicit
          connections to the municipal storm sewer system. The description
          should include inspection procedures and methods for detecting
          and preventing illicit discharges, and describe areas where this
          program has been implemented.

             (f) Fiseal reseurees. (A)

                   A description of the  financial resources currently
          availa.b,le to the municipality to complete part 2 of the permit
          application. A description of the municipality's budget for
          existing storm water programs, including an overview of the
          municipality's financial resources and budget, including overall
          indebtedness and assets, and sources of funds for storm water
          programs.

             (2) Part 2. Part -2*':'.,,'. of the application shall consist of:
             (a)-Adequate legal autherityr A demonstration that the
          applicant can operate pursuant to legal authority established by
          statute' ordinance or series of contracts which authorizes or
          enables the applicant at a minimum to:

             1. Control through ordinance, permit, contract, order or
          similar means, the contribution of pollutants to the municipal
          storm sewer by storm water discharges associated with industrial
          activity and the quality of storm water discharged from sites of
          industrial activity;

             2. Prohibit through ordinance, order or similar means,
          illicit discharges to the municipal separate storm sewer;

             3. Control through ordinance, order or similar means the
          discharge to a municipal separate storm sewer of spills, dumping
          or disposal of materials other than storm water;








             4. Control through interagency agreements among coapplicants
          the contribution of pollutants from one portion of the municipal
          system to another portion of the municipal system;

             5. Require compliance with conditions in ordinances, permits
          contracts or orders; and

             6. Carry out all inspecti  on, surveillance and monitoring
          procedures necessary to determine compliance and noncompliance
          with permit conditions including the prohibition on illicit
          discharges to the municipal separate storm sewer.

             (b) Seurree identifieatien. The location of any major outfall
                                                           ......... .......
          that discharges to waters of the @49iteel States       that was not
          reported under paragraph AAA.05(i)(c)2.a. of this section.
          Provide an inventory, organized by watershed of the name and
         -address, and a description (such as SIC codes) which best
          reflects the principal products or services provided by each
          facility which may discharge, to the municipal separate storm
          sewer, storm water associated with industrial activity;

             (c) Gharaeteri2atien datza. wWhen "quantitative data" for a
          pollutant are required under paragraph AAA.05)(2)(c)l.c. of this
          paragraph, the applicant must collect a sample,of effluent in
          accordance with 40 CFR 122.21 (g)(7) and analyze with for the
          pollutant in accordance with analytical'methods approved under 40
          CFR part 136. When no analytical method is approved the
          applicant may use any suitable method but must provide a
          descript*ion of the method. The applicant must provide
          information characterizing the quality and quantity of discharges
          covered in the permit application, including:

             1. Quantitative data from representative outfalls designated
          by the Director (based on information received in part 1 of the
          application, the Director shall designate between five an ten
          outfalls or field screening points as representative of the
          commercial, residential and industrial land use activities of the
          drainage area contributing to the system or, where there are less
          than five outfalls covered in the application, the Director shall
          designate all outfalls) developed as follows:

             a. For each outfall or field screening point designated under
          this subparagraph, samples shall be collected of storm water
          discharges from three storm events occurring at least one month
          apart in accordance with rules established by the Department.
          The Department may allow exemptions to sampling three storm
          events when climatic conditions create good cause for such
          exemptions);

             b. 'A narrative description shall be provided of the date and
          duration of the storm event(s) sampled, rainfall estimates of the
          storm event which generated the sampled discharge and the
          duration between the storm event sampled and the end of the
          previous measurable (greater than 0.1 inch rainfall) storm event;









             C. For samples collected and described under paragraphs
          AAA.05(2)(c)l.a. and l.b. of this section, quantitative data
          shall be provided for: the organic pollutants listed in Table II;
          the pollutants listed in Table III (toxic metals, cyanide, and
          total phenols) of appendix D of 40 CFR part 122, and for the
          following pollutants:

          Total suspended Solids (TSS)
          Total dissolved solids (TDS)
          COD
          BOD5
          Oil and grease
          Fecal coliform
          Fecal Streptococcus
          pH
          Total Kjeldahl nitrogen
          Nitrate plus nitrite
          Dissolved phosphorus
          Total ammonia plus organic nitrogen,
          Total phosphorus

             d. Additional limited quantitative data required by  the
          Director form determining permit -conditions (the Director may
          require that quantitative data shall be provided for additional
          parameters, and may establish sampling conditions such as the-
          location, season of sample collection, form of precipitation
          (snow melt, rainfall) and other parameters necessary to insure
          representativeness);
             2. Estimates of the annual pollutant load of.the cumuiative
                                                    s't" t.. -f all
          discharges to waters of the United States:.     rom
          identified municipal outfalls and the event' ffie'a"n concentration of,
          the cumulative discharges to waters of the United States from all
          identified-municipal outfalls during a storm event (as defined in
          rules established by the Department)  f or BOD51 COD, TSS,
          dissolved solids, total nitrogen, total ammonia plus organic
          nitrogen, total phosphorus, dissolved phosphorus, cadmium,
          copper, lead, and zinc. Estimates shall be accompanied by a
          description of the procedures for estimating constituent loads
          and concentrations, including any modelling data Analysis, and
          calculation method s_!7:1.,

             3. A proposed schedule to provide estimates for each major
          outfall identified in either paragraph AAA.05(2)(b) or
          AAA-05(l)(c)2.a. of this section of the seasonal pollutant load
          and of the event mean concentration of a representative storm for
          any constituent detected in any sample required under paragraph
          AAA.05(2)(c)l. of this section; and

             4. A proposed monitoring program for representative data
          collection for the term of the permit that describes the location
          of outfalls or field screening points to be sampled (or the
          location of instream stations), why the location is








                     representative, the frequency of sampling, parameters to be
                     sample,- and a description of sampling equipment.

                                                           ............ ..... .I..., ..... .. . .
                            5.       The Dept7.-           D                       may waive any sampling requirements
                                                             Op 4          'Pnt
                     for part 1 and 2                      0 f the'"'ap       , p.lication if it feels the information
                     is not necessary                      to issue a permit.

                            (d) Prepesed                   managefaent preqrafa. A proposed management
                     program covers the duration of the permit. It shall include a
                     comprehensive planning process which involves public
                     participation and where necessary intergovernmental coordination!
                     to reduce the discharge of pollutants to the maximum extent
                     practicable using management practices, control techniques and
                     system, design and engineering methods, and such other provisions
                     which are appropriate. The program shall also include a
                     description of staff and equipment available to implement the
                     program.. Separate proposed programs may be submitted by each
                     coapplicant. Proposed programs may impose controls on a
                     systemwide basis, a watershed basis, a jurisdiction basis, or on
                     individual outfalls. Proposed programs will be considered by the
                                                    b", n h@t- when developing permit conditions to reduce
                     Direeter-
                     pollutants              in discharges to the maximum extent practicable.
                     Proposed management programs shall describe priorities for
                     implementing controls. Such programs shall be based on:

                            1. A description of structural and source control measures to
                     reduce pollutants,from runoff from commercial and residential
                     areas that are discharged from the municipal storm sewer system
                     that are to.be implemented during the life of the permit,
                     accompanied with an estimate of the expected,reduction of
                     pollutant loads and proposed schedule for implementing such
                     controls. At a,minimum, the description shall include:

                            a. A description of maintenance activities and a maintenance
                     schedule for structural controls to reduce pollutants (including
                     floatable),in discharges from municipal separate storm sewers;

                            b. A description of planning procedures including a
                     comprehensive master plan to develop, implement and enforce
                     controls to reduce the discharge of pollutants from municipal
                     separate storm sewers which receive discharges from areas of new
                     development and significant redevelopment. Such plan shall
                     address controls to reduce pollutants in discharges form
                     municipal separate storm sewers after construction is completed.
                     (controls to reduce pollutants in discharges form municipal
                     separate storm sewers containing construction site runoff are
                     addressed in paragraph AAA.05(2)(d)4. of this section;

                            C. A description of practices for operating and maintaining
                     public streets, roads and highways and procedures for reducing
                     the impact on receiving waters of discharges from municipal storm
                     sewer systems, including pollutants discharged as a result of
                     deicing activities;








             d. A  description of procedures to assure that flood
          management projects.-assess the impacts on the water quality of
          receiving water bodies and that existing structural flood control
          devices have been evaluated to determine if retrofitting the
          device to provide additional pollutant removal from storm water
          is feasible;

             e. A description of a program to monitor pollutants in runoff
          from operating or closed municipal landfills or other treatment,
          storage or disposal facilities for municipal waste, which shall
          identify priorities and procedures for inspections and
          establishing and implementing control measures for such
          discharges (this program can be coordinated with the program
          developed under paragraph AAA.05(2)(d)3. of this section); and

             f. A description of a program to reduce to the maximum extent
          practicable, pollutants in discharges from municipal separate
          storm sewers associated with the application of pesticides,
          herbicides and fertilizer which will include, as appropriate,
          controls such as educational activities, permits, certification
          and other measures for commercial applicators and distributors
          and controls for application in public right-of-ways and at
          municipal facilities.

             2. A  description of a program, including  a schedule, to
          detect and remove (or require the discharger  to the municipal
          separate storm sewer to obtain a separate WPDES permit for)
          illicit discharges and improper disposal into the storm sewer.
          The proposed program shall include:

             a. .A description.of a program, including inspections, to
          implement and enforce an ordinance,'orders or'similar means to
          prevent illicit discharges to the municipal separate storm sewer
          system; this program description shall address all types of
          illicit discharges are identified by the municipality as sources
          of pollutants to waters of the k4nited States        water line.
                                                         .............
                                                          ...........
          flushing, landscape irrigation, diverted strea '""flows, rising
          ground waters, uncontaminated ground water infiltration (as
          defined at 40 CFR 35.2005(20)) to separate storm sewers,
          uncontaminated pumped ground water, discharges from potable water
          sources, foundation drains, air conditioning condensation,
          irrigation water, springs, water from drawl space pumps, footing
          drains, lawn watering, individual residential car washing, flows
          from riparian habitats and wetlands, dechlorinated swimming pool
          discharges, and street wash water (program descriptions shall
          address discharges or flows from fire fighting only where such
          discharges or flows are identified as significant sources of
          pollutants to waters of the United States.@@i@@'

                 A description of procedures to conduct on-going field
          screening activities during the life of the permit, including
          areas or locations that will be evaluated by such field screens;








             C. A description of procedures to be followed to investigate
          portions of the separate storm sewer system that, based on the
          results of the field screen, or other appropriate information,
          indicate a reasonable potential of containing illicit discharges
          or other sources of non-storm water (such procedures may include:
          sampling procedures for constituents such as fecal coliform,
          fecal streptococcus, surfactant (MBAS), residual chlorine,
          fluorides and potassium; testing with fluorometric dyes; or
          conducting in storm sewer inspections where safety and other
          consideration allow. Such description shall include the location
          of storm sewers that have been identified for such evaluation);

             d. A description of-procedures to prevent, contain, and
          respond to spills that may discharge into the municipal separate
          storm sewer;

             e. A description of a program to promote, publicize, and
          facilitate public reporting of the presence.of illicit discharges
          or water quality impacts associated with discharges from
          municipal separate stol@m sewers;

             f. A Description of educational activities, public
          information activities, and other appropriate activities to
          facilitate the proper management and disposal of used oil and
          toxic materials; and
             g. A de .scription of control's to limit infiltration of seepage
          from municipal sanitary sewers to municipal separate storm sewer
          systems where necessary;

             3. A description of a program  to monitor and control
          pollutants in storm water'dischargps to municipal systems from
          municipal landfills, hazardous waste treatment, disposal and
          recovery facilities, industrial facilities that are subject to
          section 313 of title III of the Superfund Amendments and
          Reauthorization Act of 1986 (SARA), and industrial facilities
          that the municipal permit applicant determines are contributing a
          substantial pollutant loading to the municipal.storm sewer
          system. The program shall:

             a. Identify priorities and procedures for inspections and
          establishing and implementing control measures for such
          discharges;

             b. Describe a monitoring program for storm water discharges
          associated with the industrial facilities identified in paragraph
          (d)(2)(iv)(C) of this section, to be implemented during the term
          of the perinit, including the submission of quantitative data on
          the following constituents: any pollutants limited in effluent
          guidelines subcategories, where applicable; any pollutant listed
          in an existing WPDES permit for a facility; oil and grease, COD
          ph, BOD5, TSS, total phosphorus, total Kjeldahl nitrogen, nitrate








          plus nitrite nitrogen, and any information on discharges required
          under 40 CFR 122.21(g)(7)(iii) and (iv).

             4. A description of a program to implement and maintain
          structural and non-structural best management practices to reduce
          pollutants in storm water runoff from construction sites to the
          municipal storm sewer system, which shall include:

             a. A description of procedures for site  planning which
          incorporate consideration of potential water quality impacts;

             b. A description of requirement for nonstructural and
          structural best management practices;

             c. A.description of procedures for identif ying priorities for
          inspecting sites and'enforcing control measures which consider
          the nature of the construction activity, topography, and the
          characteristics of soils and receiving water quality; and

             d. A description of appropriate educational and training
          measure.s for construction site operators.

             (e) Assessment ef eenti@elsz Estimated reductions in loadings
          of pollutants from discharges of municipal storm sewer
          constituents from municipal storm sewer systems expected as the
          result of the municipal storm wate@r quality management program.
          The assessment shall also identify known impacts of storm water
          controls on ground water.

             (f) Fis6a! analysis.- For each fiscal year to be covered by
          the permit, a fiscal analysis of the necessary capital and
          operation and maintenance expenditures necessary to accomplish
          the activities of the programs under paragraphs AAA.05(2)(c) and
          (d) of this section. Such analysis shall'include a description
          of the source of funds that are proposed to meet the necessary
          expenditures, including legal restrictions on the use of such
          funds.

            (g) Where requirements under paragraph AAA.05(l)(d)5.,
          AAA.05(2)(b), AAA105(2)(c)l. and AAA.0,5(2)(d) are not practicable
          or are not applicable, the Director may exclude any operator of a
          discharge from a municipal separate storm sewer which is
          designated under paragraph AAA.02(l)(c) or AAA.03(4) from such
          requirements.

             (1) For any discharge form a municipal separate storm sewer
          system;

             (a) Part 1 of the application shall be submitted to the
          Director within 12 months of designation;

             (b) Based on information received in the part 1 application
          the Department will approve or deny a sampling plan under









           paragraph of this section within 90 days after receiving the part
           1 application;

               (c) Part 2 of the application shall be submitted to the
           director by 30 month of designation;

               (2) A permit application shall be submitted to the Department
           within 60 days of notice, unless permission for a later date is
           granted by the Department, for:

               (a) A storm water discharge which the Department determines
           contributes to a violation of a water quality standard or is a
           significant contributor of pollutants to waters of the United
           States state (see paragraph AAA.02 (1) (c);
                      
                          
                   
         

               (b) A storm water discharge subject to paragraph AAA.04(4)

               (3) Facilities with existing WPDES permits for storm water
           discharges associated with industrial activity shall maintain
           existing permits. New applications shall be submitted in
           accordance with the requirements of 40 CFR 122.21 and 40 CFR
           122.26(c) 180 days before the expiration of such permits.
           Municipal; permit application deadlines are 12 months for part I
           and 30 months for part 2.

           AAA.07    Petitions. (1) Any operator of a municipal separate
           storm sewer system may petition the Director Department to  require
           a separate WPDES permit (or a permit issued under an approved
           NPDES State program) for any discharges into the municipal;
           separate storm sewer system.

               (2) Any person may petition the Director Department to require
           a WPDES permit for a discharge which is composed entirely of
           storm water which contributes to a violation of a water quality
           standard or is a significant contributor of pollutants to waters
           of the United States    state.
                              
                                
               (3) Any person may petition the Director Department for the
           designation of municipal separate storm sewer system as defined
           by section AAA.03(4)

               (4) The Director Department shall make a final determination
           on any petition received under this section within 90 days after
           receiving the petition.

                (6) Section 122.28(b)(2)(i) is revised to read as follows:





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