Section NR 151.124 - Infiltration performance standard(1) REQUIREMENT. BMPs shall be designed, installed, and maintained to infiltrate runoff in accordance with the following or to the maximum extent practicable: (a)Low imperviousness. For development up to 40 percent connected imperviousness, such as parks, cemeteries, and low density residential development, infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 90 percent of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than one percent of the post-construction site is required as an effective infiltration area.(b)Moderate imperviousness. For development with more than 40 percent and up to 80 percent connected imperviousness, such as medium and high density residential, multi-family development, industrial and institutional development, and office parks, infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 75 percent of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 2 percent of the post-construction site is required as an effective infiltration area.(c)High imperviousness. For development with more than 80 percent connected imperviousness, such as commercial strip malls, shopping centers, and commercial downtowns, infiltrate sufficient runoff volume so that the post-development infiltration volume shall be at least 60 percent of the pre-development infiltration volume, based on an average annual rainfall. However, when designing appropriate infiltration systems to meet this requirement, no more than 2 percent of the post-construction site is required as an effective infiltration area. Note: A histogram showing the relationship between connected imperviousness and land use is available from the department at dnr.wi.gov.
(2) PRE-DEVELOPMENT. Pre-development condition shall be the same as specified in s. NR 151.123(1), Table 2. Note: A model that calculates runoff volume, such as SLAMM, P8, or an equivalent methodology may be used. For performance standards based on an average annual rainfall, specific rainfall files for five geographic locations around the state may be used. Information on how to access SLAMM and P8 and the rainfall files is available from the department's storm water management program at dnr.wi.gov. Use the most recent version of the model and the parameter files for Wisconsin users unless directed otherwise by the regulatory authority.
(3) SOURCE AREAS. (a)Prohibitions. Runoff from the following areas may not be infiltrated and may not qualify as contributing to meeting the requirements of this section unless demonstrated to meet the conditions of sub. (6): 1. Areas associated with a tier 1 industrial facility identified in s. NR 216.21(2) (a), including storage, loading, and parking. Rooftops may be infiltrated with the concurrence of the regulatory authority.2. Storage and loading areas of a tier 2 industrial facility identified in s. NR 216.21(2) (b). Note: Runoff from the employee and guest parking and rooftop areas of a tier 2 facility may be infiltrated but runoff from the parking area may require pretreatment.
3. Fueling and vehicle maintenance areas. Rooftops of fueling and vehicle maintenance areas may be infiltrated with the concurrence of the regulatory authority.(b)Exemptions. Runoff from the following areas may be credited toward meeting the requirement when infiltrated, but the decision to infiltrate runoff from these source areas is optional: 1. Parking areas and access roads less than 5,000 square feet for commercial development.2. Parking areas and access roads less than 5,000 square feet for industrial development not subject to the prohibitions under par. (a). 3. Except as provided under s. NR 151.121(5), redevelopment post-construction sites.4. In-fill development areas less than 5 acres.5. Roads in commercial, industrial, and institutional land uses, and arterial residential roads.(4) LOCATION OF PRACTICES. (a)Prohibitions. Infiltration practices may not be located in the following areas: 1. Areas within 1,000 feet upgradient or within 100 feet downgradient of direct conduits to groundwater.2. Areas within 400 feet of a community water system well as specified in s. NR 811.16(4) or within the separation distances listed in s. NR 812.08 for any private well or non-community well for runoff infiltrated from commercial, including multi-family residential, industrial, and institutional land uses or regional devices for one- and two-family residential development.3. Areas where contaminants of concern, as defined in s. NR 720.03(2), are present in the soil through which infiltration will occur.(b)Separation distances. 1. Infiltration practices shall be located so that the characteristics of the soil and the separation distance between the bottom of the infiltration system and the elevation of seasonal high groundwater or the top of bedrock are in accordance with Table 3: Table 3. Separation Distances and Soil Characteristics |
Source Area | Separation Distance | Soil Characteristics |
Industrial, Commercial, Institutional Parking Lots and Roads | 5 feet or more | Filtering Layer |
Residential Arterial Roads | 5 feet or more | Filtering Layer |
Roofs Draining to Subsurface Infiltration Practices | 1 foot or more | Native or Engineered Soil with Particles Finer than Coarse Sand |
Roofs Draining to Surface Infiltration Practices | Not Applicable |
All Other Impervious Source Areas | 3 feet or more | Filtering Layer |
2. Notwithstanding par. (b), applicable requirements for injection wells classified under ch. NR 815 shall be followed.(c)Infiltration rate exemptions. Infiltration practices located in the following areas may be credited toward meeting the requirement under the following conditions, but the decision to infiltrate under these conditions is optional: 1. Where the infiltration rate of the soil measured at the proposed bottom of the infiltration system is less than 0.6 inches per hour using a scientifically credible field test method.2. Where the least permeable soil horizon to 5 feet below the proposed bottom of the infiltration system using the U.S. department of agriculture method of soils analysis is one of the following: sandy clay loam, clay loam, silty clay loam, sandy clay, silty clay, or clay.(5) ALTERNATE USE. Where alternate uses of runoff are employed, such as for toilet flushing, laundry or irrigation or storage on green roofs where an equivalent portion of the runoff is captured permanently by rooftop vegetation, such alternate use shall be given equal credit toward the infiltration volume required by this section.(6) GROUNDWATER STANDARDS. (a) Infiltration systems designed in accordance with this section shall, to the extent technically and economically feasible, minimize the level of pollutants infiltrating to groundwater and shall maintain compliance with the preventive action limit at a point of standards application in accordance with ch. NR 140. However, if site specific information indicates that compliance with a preventive action limit is not achievable, the infiltration BMP may not be installed or shall be modified to prevent infiltration to the maximum extent practicable.(b) Notwithstanding par. (a), the discharge from BMPs shall remain below the enforcement standard at the point of standards application. (7) PRETREATMENT. Before infiltrating runoff, pretreatment shall be required for parking lot runoff and for runoff from new road construction in commercial, industrial, and institutional areas that will enter an infiltration system. The pretreatment shall be designed to protect the infiltration system from clogging prior to scheduled maintenance and to protect groundwater quality in accordance with sub. (6). Pretreatment options may include, but are not limited to, oil and grease separation, sedimentation, biofiltration, filtration, swales, or filter strips.(8) MAXIMUM EXTENT PRACTICABLE. Where the conditions of subs. (3) and (4) limit or restrict the use of infiltration practices, the performance standard of s. NR 151.124 shall be met to the maximum extent practicable.Wis. Admin. Code Department of Natural Resources NR 151.124
CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.Amended by, correction in (1) (c) (Note), (2) (Note) made under s. 13.92(4) (b) 7, Stats., Register November 2018 No. 755, eff. 12/1/2018