Section NR 216.023 - Urbanized area exemptionThe department may waive the requirement to obtain permit coverage under this subchapter for a municipal separate storm sewer system within an urbanized area listed under s. NR 216.02(3) that meets all of the following:
(1) The owner or operator of the system is not otherwise required to obtain permit coverage pursuant to s. NR 216.02(2).(2) The system serves a population less than 1,000.(3) The system is not contributing substantially to the pollutant loadings of a physically interconnected municipal separate storm sewer system that is regulated under this subchapter.(4) If the system discharges a pollutant that has been identified as a cause of impairment of any water body to which it discharges, storm water controls must not be needed based on wasteload allocations that are part of a U.S. EPA approved or established TMDL that addresses any pollutant of concern.Wis. Admin. Code Department of Natural Resources NR 216.023
CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04. The department has a list of impaired waters with pollutants of concern available on its website. If an MS4 is exempted from permit coverage under this section, the owner or operator does not need to satisfy the exemption requirements of s. NR 216.024.