281.16 Water quality protection; nonpoint sources.

586 words·~3 min read·/wi/chapter-281/281-16-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Agricultural facility” means a structure associated with an agricultural practice.

(b)“Agricultural practice” means beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; grazing; livestock raising; orchards; poultry raising; raising of grain, grass, mint and seed crops; raising of fruits, nuts and berries; sod farming; placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 USC 3831 to 3836 ; and vegetable raising.

(bg)“Artificial water body” has the meaning given in s. 30.19

(a).

(br)“Covered municipality” means a municipality that has been issued an individual municipal separate storm sewer permit under s. 283.33 or that is covered by a general municipal separate storm sewer permit under s. 283.35 .

(c)“Livestock operation” means a feedlot or other facility or a pasture where animals are fed, confined, maintained or stabled.

(d)“Navigable waters” has the meaning given in s. 281.31

(d).

(e)“Nonpoint source” means a facility or practice that causes, or has the potential to cause, nonpoint source water pollution.

(f)“Nonpoint source water pollution” means pollution of waters of the state that does not result from a point source, as defined in s. 283.01

(12).

(g)“Water quality management area” means any of the following:

1. The area within 1,000 feet from the ordinary high-water mark of navigable waters that consist of a lake, pond or flowage, except that, for a navigable water that is a glacial pothole lake, “water quality management area” means the area within 1,000 feet from the high-water mark of the lake.

2. The area within 300 feet from the ordinary high-water mark of navigable waters that consist of a river or stream.

3. A site that is susceptible to groundwater contamination or that has the potential to be a direct conduit for contamination to reach groundwater.

(h)Notwithstanding s. 281.01

(18), “waters of the state” has the meaning given in s. 283.01

(20).

(2)Nonpoint sources that are not agricultural.

(a)The department shall, by rule, prescribe performance standards for nonpoint sources that are not agricultural facilities or agricultural practices. The performance standards shall be designed to achieve water quality standards by limiting nonpoint source water pollution.

1. In this paragraph:

c. “New development” means development resulting from the conversion of previously undeveloped land or agricultural land.

d. “Redevelopment” means development that replaces older development.

2. Except as provided in subd. 3. , the department may not enforce a provision in a rule that establishes a date by which a covered municipality must implement methods to achieve a specified reduction in the level of total suspended solids carried by runoff, if the provision requires the covered municipality to achieve a reduction of more than 20 percent. This subdivision does not apply to total suspended solids carried by runoff from new development or redevelopment in a covered municipality.

3. If a covered municipality has achieved, on July 1, 2011, a reduction of more than 20 percent of total suspended solids carried by runoff, the municipality shall, to the maximum extent practicable, maintain all of the best management practices that the municipality has implemented on or before July 1, 2011, to achieve that reduction.

(b)The department shall, by rule, specify a process for the development and dissemination of technical standards to implement the performance standards under par.

(a).