Wisconsin Illicit Discharge Regulations

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NR 216.002(10)
(10) "Illicit discharge" means any discharge to a municipal separate storm sewer that is not composed entirely of storm water except discharges with a WPDES permit or other discharges allowed locally.

NR 216.06(1)(b)
(b) Prohibit illicit discharges to the municipal separate storm sewer system.

NR 216.06(1)(f) (f) Carry out all inspections, 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 system.

NR 216.06(3)(b)
(b) A description of any existing programs to identify illicit connections to the municipal separate storm sewer system. Include inspection procedures, methods for detecting and preventing illicit discharges, areas where this program has been implemented and a summary of results.

NR 216.07(3)
(3) FIELD SCREENING. A field screening analysis for illicit connections and illegal dumping at all major outfalls identified in the permit application, plus any additional selected field screening point designated by the municipality or the department. At a minimum, a screening analysis shall include a narrative description of visual observations made during dry weather periods. If any flow is observed, 2 grab samples shall be collected during a 24 hour period with a minimum period of 4 hours between samples. For all samples, provide a narrative description of the color, odor, turbidity and 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. In addition, summarize the field analysis results for pH, total chlorine, total copper, total phenol, and detergents or surfactants, along with a description of the flow rate. Additional field analysis may be conducted using other parameters, like ammonia, to enhance the detection of illicit discharges. Where the field analysis does not involve analytical methods approved under 40 CFR 136 or by the department, the applicant shall provide a description of the method used including the name of the manufacturer of the test method along with the detection levels and accuracy of the test. The field screening points shall be established using the following guidelines:


NR 216.07(7)(b)
(b) A program to detect and remove illicit discharges and improper disposal of wastes into the municipal separate storm sewer system, or require the discharger to obtain a separate WPDES permit. The program shall include:

NR 216.07(7)(b)1. A schedule to implement and enforce an ordinance, orders or similar means to prevent illicit discharges.


NR 216.07(7)(b)2.
2. A strategy to address all types of illicit discharges. The following non-storm water discharges or flows are not considered illicit discharges: water line flushing, landscape irrigation, diverted stream flows, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool water, street wash water and fire fighting. However, these discharges need to be included in the strategy when identified by the municipality as significant sources of pollutants to waters of the state.


NR 216.07(7)(b)4.
4. Procedures to be followed to investigate portions of the municipal separate storm sewer system that, based on the results of field screening or other information, indicate a reasonable potential for containing illicit discharges or other sources of non-storm water. Procedures may include sampling for the field screening parameters identified in sub. (3), testing with fluorometric dyes or conducting inspections inside storm sewers where safety and other considerations allow.


NR 216.07(7)(b)6.
6. A program to promote public reporting of the presence of illicit discharges or water quality impacts associated with discharges from municipal separate storm sewers.

1. A schedule to implement and enforce an ordinance, orders or similar means to prevent illicit discharges.

NR 216.07(7)(b)2.
2. A strategy to address all types of illicit discharges. The following non-storm water discharges or flows are not considered illicit discharges: water line flushing, landscape irrigation, diverted stream flows, uncontaminated groundwater infiltration, uncontaminated pumped groundwater, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool water, street wash water and fire fighting. However, these discharges need to be included in the strategy when identified by the municipality as significant sources of pollutants to waters of the state.

NR 216.07(7)(b)4.
4. Procedures to be followed to investigate portions of the municipal separate storm sewer system that, based on the results of field screening or other information, indicate a reasonable potential for containing illicit discharges or other sources of non-storm water. Procedures may include sampling for the field screening parameters identified in NR 216.07(3) testing with fluorometric dyes or conducting inspections inside storm sewers where safety and other considerations allow.

NR 216.07(7)(b)6.
6. A program to promote public reporting of the presence of illicit discharges or water quality impacts associated with discharges from municipal separate storm sewers.

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