Current through August 26, 2024
(1) APPLICABILITY .
This section applies only to targeted runoff management projects.
(2) PROJECT CATEGORIES. The following four
categories of targeted runoff management projects are eligible for funding
under this chapter:
(a) Large-scale TMDL
implementation project.
(b)
Small-scale TMDL implementation project.
(c) Large-scale non-TMDL control
project.
(d) Small-scale non-TMDL
control project.
(3)
GENERAL ADMINISTRATIVE PROJECT CRITERIA FOR ALL PROJECTS. Any project funded
under this section shall meet all of the following administrative criteria:
(a) The project application submitted under
s.
NR 153.17 shall specify the watershed, sub-watershed, or
specific site that will be served by the project.
(b) The project shall be consistent with
priorities identified by the department on a watershed or other geographic
basis.
(c) The project shall be
consistent with the county land and water resources management plan approved
under s.
92.10,
Stats.
(d) The project may not have
been allocated full cost-share funding by the department of agriculture, trade
and consumer protection under the joint allocation plan approved under ss.
92.14(14) and
281.65(4) (pm), Stats.
(4) GENERAL WATER QUALITY CRITERIA FOR ALL
PROJECTS. Any project funded under this section shall implement nonpoint source
pollution control in an area that is a target area based on at least one of the
following:
(a) The need for compliance with
performance standards established by the department in ch. NR 151.
(b) The existence of impaired water bodies
that the department has identified to the federal environmental protection
agency under
33 USC
1313(d) (1) (A).
(c) The existence of outstanding or
exceptional resource waters, as designated by the department under s.
281.15,
Stats.
(d) The existence of threats
to public health.
(e) The existence
of an animal feeding operation that has received a notice of discharge under
ch. NR 243 or a notice of intent to issue a notice of discharge.
(f) Other water quality concerns of national
or statewide importance as identified by the department in application
materials.
(5)
LARGE-SCALE TMDL IMPLEMENTATION PROJECT ELIGIBILITY CRITERIA. Large-scale TMDL
implementation projects shall meet the following specific criteria:
(a) The project shall directly implement the
pollutant-specific goals of either a draft TMDL, a US EPA-approved TMDL, a
draft TMDL implementation plan, a department approved TMDL implementation plan,
or an equivalent to any of the foregoing as identified by the
department.
(b) The project shall
be designed to control the most critical nonpoint pollution sources within a
designated watershed area.
Note: The boundaries of the watershed area will be based on
factors including the amount of funds available, the management needs
identified in the TMDL and the management strategy set forth in the TMDL
implementation plan.
(c)
The project shall be limited to managing agricultural sources of nonpoint
pollution.
(d) The project shall
focus on controlling those nonpoint pollution sources in the project area that
are determined to be significant based on their relative contribution to the
impairment and that can be cost-effectively controlled.
(e) The intended project period may not
exceed 3 years in duration, with the possibility of extension to 4 years if
approved by the department.
(6) SMALL-SCALE TMDL IMPLEMENTATION PROJECT
ELIGIBILITY CRITERIA. Small-scale TMDL implementation projects shall meet the
following specific criteria:
(a) The project
shall directly implement the pollutant-specific goals of either a draft TMDL, a
US EPA-approved TMDL, a draft TMDL implementation plan, a department approved
TMDL implementation plan, or an equivalent to any of the foregoing as
identified by the department.
(b)
The project may focus on one or more sites or farms.
(c) The project may address nonpoint
pollution from either agricultural or urban sources.
(d) The project shall focus on controlling
those nonpoint pollution sources in the project area that are determined to be
significant based on their relative contribution to the impairment and that can
be cost-effectively controlled.
(e)
The intended project period may not exceed two years in duration, with the
possibility of extension to 3 years if approved by the department.
(7) LARGE-SCALE NON-TMDL CONTROL
PROJECTS ELIGIBILITY CRITERIA. Large-scale non-TMDL control projects shall meet
the following specific criteria:
(a) The
project shall implement water resource management goals included in a watershed
plan or strategy acceptable to the department.
(b) The project shall be designed to control
the most critical nonpoint pollution sources within a designated watershed
area. The designated watershed area shall be not less than 8 square miles nor
more than 39 square miles in areal extent.
Note: The Wisconsin Buffer Initiative finds that watersheds
in this size range provide the best opportunity for cost-effectively solving
surface water resource problems in threatened or partially degraded waters
using agricultural nonpoint source pollution control best management practices.
The Wisconsin Buffer Initiative is published by the University of Wisconsin
College of Agricultural and Life Sciences. Copies are on file with the
department and the secretary of state.
(c) The project shall be limited to managing
agricultural sources of nonpoint pollution.
(d) The project shall focus on controlling
those nonpoint pollution sources in the project area that are determined to be
significant based on their relative contribution to the impairment and that can
be cost-effectively controlled.
(e)
The project shall focus on attainment of performance standards and prohibitions
established by the department under s.
281.16(3),
Stats.
(f) The intended project
period may not exceed 3 years in duration, with the possibility of extension to
a fourth year if approved by the department.
(8) SMALL-SCALE NON-TMDL CONTROL PROJECT
ELIGIBILITY CRITERIA. Small-scale nonpoint source control projects shall meet
the following specific criteria:
(a) The
project may focus on one or more sites or farms.
(b) The project may address nonpoint
pollution from either agricultural or urban sources.
(c) Agricultural projects shall be designed
to achieve attainment of agricultural performance standards and prohibitions
established by the department under s.
281.16(3),
Stats. Urban projects shall be designed to achieve attainment of
non-agricultural performance standards established by the department under s.
281.16(2),
Stats.
(d) The intended project
period may not exceed 2 years in duration, with the possibility of extension to
3 years if approved by the department.
TMDL implementation projects contribute to the
cost-effective removal of surface waters from the state's impaired waters list
in a way that is consistent with TMDLs and TMDL implementation plans. The
degree to which compliance with state performance standards and prohibitions is
needed to address these impairments will vary by waterbody.
Non-TMDL control projects improve degraded surface waters
(including surface waters on the section 303 (d) list that do not yet have
TMDLs or TMDL implementation plans), to improve degraded groundwater and to
protect threatened and high quality surface and ground waters from degradation.
These projects achieve their goals by implementing state performance standards
and prohibitions.
Large-scale projects and small-scale TMDL implementation
projects set control priorities based on a watershed plan or other process to
identify needs and cost-effective strategies. Small-scale non-TMDL control
projects implement state performance standards and prohibitions wherever they
may occur, leading to a general reduction in nonpoint source pollution.
