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NR 216.29 Note Note: The SWPPP summary form is available from the department website at http://dnr.wi.gov/topic/stormwater/industrial/forms.html or by contacting the storm water program in the bureau of watershed management at (608) 267-7694.
NR 216.29(1)(f) (f) The department shall notify the permittee if it determines that the SWPPP summary is inadequate and may require the permittee to submit the SWPPP for review.
NR 216.29(1)(g) (g) The SWPPP summary shall include the results of the non-storm water discharge evaluations, under s. NR 216.28 (1), and shall indicate whether the SWPPP includes a storm water treatment practice. If an SWPPP includes a storm water treatment practice, the department may require the submittal of plans and specifications for review and approval pursuant to s. 281.41 (1), Stats.
NR 216.29(2) (2)Annual site inspection. The first annual facility site compliance inspection shall be conducted by the permittee within 12 months of the effective date of coverage under the general permit. Facilities covered under a tier 1 permit shall submit their first inspection report to the department within 18 months of the effective date of coverage under the permit and the second inspection report within 30 months of the effective date of permit coverage. The report shall be written on department forms, and shall contain information from the inspection, the quarterly visual inspection and the annual chemical monitoring. Facilities covered under the tier 2 permit shall keep the results of their annual facility site compliance inspection and quarterly visual inspections on site for department inspection. Facilities covered under a tier 1 permit are not required to submit inspection reports after submittal of the second inspection report, unless so directed by the department. However, these inspections and quarterly visual inspections shall still be conducted; and results shall be kept on site for department inspection.
NR 216.29(3) (3)Inspection dates. The first quarterly visual inspection of storm water discharge quality shall be conducted within 3 months of the effective date of coverage under the permit.
NR 216.29(4) (4)Chemical sampling dates. Owners and operators of facilities covered under a tier 1 permit shall submit annual chemical monitoring results with the compliance inspection report required under s. NR 216.28 (2) for the first 2 years following SWPPP implementation. The monitoring results shall include all of the information specified in s. NR 216.28 (4) (g).
NR 216.29(5) (5)BMP implementation. Unless an alternate implementation schedule is identified in the permit, the BMPs identified in the SWPPP shall be implemented beginning at the start of industrial operations.
NR 216.29(6) (6)SWPPP amendments. The permittee shall correct deficiencies in the original SWPPP. The permittee shall amend the SWPPP and notify the department in the event of any facility operational changes that could result in additional significant storm water contamination.
NR 216.29(7) (7)Record retention. Records required under this subchapter shall be retained for 5 years beyond the date that the record was made and shall be made available to the department upon request.
NR 216.29(8) (8)Signature. Reports required under this subchapter shall be signed in accordance with s. NR 216.22 (7).
NR 216.29 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.30 NR 216.30Permit fees.
NR 216.30(1)(1)A storm water discharge permit fee shall be paid annually by each industrial facility covered by or holding a permit under this subchapter or a wastewater discharge permit that incorporates storm water management requirements under this chapter. Permit fees are due June 30 of each year. The fee shall be either:
NR 216.30(1)(a) (a) $260 for coverage under a tier 1 general industrial storm water discharge permit under s. NR 216.21 (2) (a), an industry-specific general industrial storm water discharge permit under s. NR 216.24 with tier 1 requirements, or an individual WPDES permit under s. 283.31, Stats., with tier 1 requirements,
NR 216.30(1)(b) (b) $130 for coverage under a tier 2 general industrial storm water discharge permit under s. NR 216.21 (2) (b), an industry-specific general industrial storm water discharge permit under s. NR 216.24 or an individual WPDES permit under s. 283.31, Stats., with tier 2 requirements, or
NR 216.30(1)(c) (c) $500 for coverage under an individual WPDES storm water permit issued under s. 283.33 (1), Stats.
NR 216.30(2) (2)Notwithstanding sub. (1), no fee may be charged under this section for facilities that are regulated under a WPDES permit developed specifically to address discharges from non-metallic mining operations and that the department concurs are internally drained and no pollutants are exposed that could contaminate groundwater. A non-metallic mining operation is internally drained if all storm water that contacts disturbed areas or excavated material is directed to onsite seepage areas that are entirely confined and retained within the property boundaries of the site.
NR 216.30 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.31 NR 216.31Permit coverage transfers. A permittee who will no longer control the permitted industrial facility may request that permit coverage be transferred to the person who will control the industrial facility. The transfer request shall be signed by both the permittee and the new owner or operator and sent via certified or registered mail to the department. The department may require additional information including a notice of intent to be filed prior to transferring permit coverage. Coverage is not transferred until the department sends notification of transfer approval to the new owner or operator.
NR 216.31 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.32 NR 216.32Permit termination.
NR 216.32(1)(1)If the owner or operator of a facility no longer claims coverage under any general or individual permit for the discharge of storm water from industrial activity under this subchapter, the permittee shall submit a signed notice of termination to the department.
NR 216.32(2) (2)A notice of termination shall be submitted on forms available from the department. Data submitted in the notice of termination forms shall be used as a basis for terminating coverage under this subchapter.
NR 216.32(3) (3)The notice of termination form shall be signed in accordance with the signature requirements in s. NR 216.22 (7).
NR 216.32(4) (4)Termination of coverage under this subchapter shall be effective upon receipt of written confirmation from the department by the permittee.
NR 216.32 Note Note: The notice of termination form is available from the department website at http://dnr.wi.gov/topic/stormwater/industrial/forms.html or by contacting the storm water program in the bureau of watershed management at (608) 267-7694.
NR 216.32(5) (5)Notice of termination forms shall be filed with the appropriate department regional office or with the Department of Natural Resources, Storm Water Program — WT/2, PO Box 7921, Madison, WI 53707-7921.
NR 216.32 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
subch. III of ch. NR 216 Subchapter III — Construction Site Storm Water Discharge Permits
NR 216.41 NR 216.41Purpose. The purpose of this subchapter is to establish criteria defining those construction site activities that constitute discharges needing a WPDES storm water permit for landowners of construction sites that require coverage under a WPDES permit for storm water discharges; and the requirements for filing a WPDES permit application for a construction site, as required by s. 283.33, Stats.; to prescribe the form of the WPDES permit application pursuant to s. 283.37, Stats.; to specify the number of working days within which the department will indicate its intended action on a WPDES permit application or request for modification, pursuant to s. 227.116 (1r), Stats.; and to specify the erosion control and storm water management that is required at construction sites regulated under this subchapter.
NR 216.41 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; correction made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688.
NR 216.415 NR 216.415Authorized local program.
NR 216.415(1)(1)Purpose. The purpose of this section is to promote efficient, integrated administration of state and municipal construction site erosion control and storm water management programs. A municipality with an authorized local program will be the primary entity fulfilling the technical and administrative responsibilities to assure compliance with both local and state construction site erosion control and storm water management requirements. Authorized local programs simplify the permitting process for landowners and operators responsible for complying with state and local laws and facilitate the integration of erosion control and storm water requirements with other local planning and zoning functions. The department retains its authority to take enforcement against individual landowners and operators for violations of this chapter.
NR 216.415(2) (2)Voluntary participation. Any municipality may apply to the department for authorization of its local program under this section.
NR 216.415(3) (3)Application and approval process.
NR 216.415(3)(a)(a) A municipality seeking approval from the department for an authorized local program shall submit an application on forms available from the department. Applications shall be submitted by October 1 of the year prior to anticipated operation of an authorized local program.
NR 216.415(3)(b) (b) The department shall review the application and any other relevant information and determine whether to authorize the local program. The department shall base its decision on the applicant's ability to meet the requirements in subs. (5) and (6). The department shall notify the applicant in writing of its decision. If the application is denied, the department shall identify the reasons for denial.
NR 216.415(3)(c) (c) Department authorization of a local program shall remain effective until termination or discontinuation under sub. (10).
NR 216.415(4) (4)State coverage. Any landowner of a construction site that is regulated by an authorized local program under this section is deemed to be covered under a department construction site storm water discharge permit issued pursuant to this subchapter and shall comply with the requirements of the department's permit. The department may enforce against the landowner of a construction site for violation of the permit.
NR 216.415(5) (5)Program requirements.
NR 216.415(5)(a) (a) The municipality shall have the legal authority and resources to implement and enforce the requirements of this subchapter.
NR 216.415(5)(b) (b) The municipality shall adopt, implement and enforce an ordinance with erosion control and storm water management requirements that comply with the requirements of subchs. III and IV of ch. NR 151.
NR 216.415(5)(c) (c) The municipality shall implement a program to inform the public that it has an authorized local program under which landowners are to apply for erosion control and storm water management approval under this subchapter via the municipality.
NR 216.415(5)(d) (d) The program requirements in this subsection and subs. (6) to (8) may be provided through municipal staff, intergovernmental agreements or use of professional service contracts.
NR 216.415(6) (6)Application. For construction sites regulated under this subchapter, all of the following apply:
NR 216.415(6)(a) (a) A municipality operating an authorized local program shall clearly identify in writing to applicants seeking municipal erosion control and storm water management approval, that applicants will also be granted coverage under the department's general construction site storm water discharge permit pursuant to sub. (4).
NR 216.415(6)(b) (b) A municipality operating an authorized local program shall require that landowners submit a copy of the department's notice of intent or an equivalent application form to request municipal erosion control and storm water management approval. An equivalent application form shall comply with the signature requirements under s. NR 216.43 (3). The submittal of a complete application to a municipality operating an authorized local program by a landowner constitutes submittal to the department of a notice of intent under s. NR 216.43. The application that is required under this paragraph shall be sent to the department if the department requests a copy.
NR 216.415(6)(c)1.1. The 14-working day timeline for permit coverage authorization granted under s. NR 216.44 does not apply to construction sites regulated by an authorized local program under this section.
NR 216.415(6)(c)2. 2. Under this section, the notice of intent or equivalent application shall be submitted by the landowner to the municipality operating the authorized local program at least 30 calendar days prior to the anticipated commencement of any land disturbing construction activities. Unless notified to the contrary by the municipality or the department, a landowner who has submitted a notice of intent or equivalent application in accordance with this section is authorized to discharge storm water from a construction site under the terms and conditions of the department's general construction site storm water discharge permit 30 calendar days after the date that the municipality operating the authorized local program receives the notice of intent or equivalent application. The municipality may grant coverage to a landowner in a period of less than 30 days.
NR 216.415(7) (7)Site review. A municipality operating an authorized local program shall perform the following for applications for construction site approval under this section:
NR 216.415(7)(a) (a) Using information made available by the department, screen applications to identify projects that may be affected by any of the following:
NR 216.415(7)(a)1. 1. Wetland water quality standards provisions in ch. NR 103.
NR 216.415(7)(a)2. 2. Endangered and threatened resource protection requirements of s. 29.604, Stats., and ch. NR 27.
NR 216.415(7)(a)3. 3. Rules pertaining to any historic property that is a listed property, on the inventory or on the list of locally designated historic places under s. 44.45, Stats.
NR 216.415 Note Note: Historic properties include archaeological sites, burial sites and historic structures. The municipality screens projects to help landowners identify conflicts with the requirements listed under par. (a), but it is the landowner's responsibility to meet the requirements listed under par. (a) regardless of whether or not the authorized local program identifies concerns.
NR 216.415(7)(b) (b) Where the municipality identifies that a proposed construction site may be affected by requirements listed under par. (a), direct the landowner to the appropriate state agency to resolve concerns or obtain proper authorization as appropriate.
NR 216.415 Note Note: The construction site storm water discharge permit issued pursuant to this subchapter expressly requires that the construction project be conducted in accordance with the requirements listed under par. (a).
NR 216.415(7)(c) (c) Review proposed projects for compliance with the municipality's erosion control and storm water management ordinance.
NR 216.415 Note Note: A municipality operating an authorized local program has the authority to grant general permit coverage under this subchapter. However, projects that require a permit under ch. 30, Stats., or water quality certification for work within wetlands must still obtain those permits and approvals directly from the department.
NR 216.415(8) (8)Records, annual report and fees.
NR 216.415(8)(a)(a) The municipality shall maintain applications, inspection records and other relevant information necessary to administer an authorized local program.
NR 216.415(8)(b) (b) A municipality shall submit a written annual report to the department by March 31, based on the activities undertaken during the previous calendar year of authorized local program operation. The annual report shall include the following:
NR 216.415(8)(b)1. 1. Name, address and phone number of person responsible for administering the municipality's authorized local program.
NR 216.415(8)(b)2. 2. Construction project name and legal address of projects that have been granted initial coverage under this section in the previous calendar year and the acreage of land disturbance at each of those sites.
NR 216.415(8)(b)3. 3. An estimate of the number of construction site inspections performed and citations issued.
NR 216.415(8)(c) (c) The application fee payable by the landowner to the department under s. NR 216.43 (2) is waived for each landowner who applies to an authorized local program, and in lieu of these individual payments, the municipality shall submit an annual fee to the department. This fee shall be paid by March 31 based on the previous calendar year of operation as an authorized local program. The annual fee is $75.00 for each construction site that the municipality approves under this section during the previous calendar year but in no case less than $500 nor more than $3,500 in total.
NR 216.415(9) (9)Department audit.
NR 216.415(9)(a) (a) The municipality shall provide the department with relevant information requested by the department to evaluate the municipality's effectiveness in administering its authorized local program.
NR 216.415(9)(b) (b) The municipality shall cooperate with the department in performing site inspections.
NR 216.415(10) (10)Program termination.
NR 216.415(10)(a) (a) To discontinue operation of an authorized local program, a municipality shall do all of the following:
NR 216.415(10)(a)1. 1. Notify the department by letter of program termination at least 30 days prior to discontinuation of an authorized local program and include reasons for termination.
NR 216.415(10)(a)2. 2. Inform landowners of construction sites and the public at least 30 days prior to discontinuation of an authorized local program that the department will be taking over as the primary enforcing agency under this subchapter.
NR 216.415(10)(a)3. 3. Send the department a copy of all construction site applications and other relevant information where approval under this section was granted and coverage has not been terminated.
NR 216.415(10)(a)4. 4. Provide the department with the annual report as required under sub. (8) (b).
NR 216.415(10)(a)5. 5. Provide the department with its shared application revenue for projects that the municipality granted coverage to over the past calendar year in accordance with sub. (8) (c).
NR 216.415(10)(b) (b) The department shall notify a municipality of any deficiencies in complying with the authorized local program requirements of this section. The municipality shall be given a reasonable opportunity to correct deficiencies in complying with this section. If the municipality is unable to correct deficiencies or the department determines that the municipality has had continued occurrences of noncompliance with the requirements of this section, the department may terminate the authorization of a municipality's local program. The department shall notify the municipality by letter at least 30 days prior to termination.
NR 216.415 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
NR 216.42 NR 216.42Applicability.
NR 216.42(1)(1)Construction sites of one acre or more of land disturbance. Except as provided in subs. (2) to (11), a notice of intent shall be filed with the department pursuant to s. NR 216.43 or to an authorized local program pursuant to s. NR 216.415 by any landowner who intends to create a point source discharge of storm water from a construction site to waters of the state. The landowner of the construction site regulated by this subchapter shall comply with all applicable provisions of this subchapter and the appropriate WPDES permit issued pursuant to this subchapter.
NR 216.42(2) (2)Agriculture. Storm water discharges from planting, growing, cultivating and harvesting of crops for human or livestock consumption and pasturing or yarding of livestock, including sod farms and tree nurseries are not regulated by this subchapter. This exemption does not include the construction of structures such as barns, manure storage facilities or barnyard runoff control systems.
NR 216.42(3) (3)Silviculture. Storm water discharges from silviculture activities, including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control are not regulated by this subchapter. Clearing and grubbing of an area of a construction site is not a silviculture activity.
NR 216.42 Note Note: Certain lumber, wood and paper product manufacturers may require coverage under a general industrial WPDES permit for storm water discharges pursuant to subch. II. A silviculture activity may require approval pursuant to ch. 30 or 31, Stats., or an U.S. army corps of engineers section 404 permit under 33 USC 1344.
NR 216.42(6) (6)Other environmental programs. If a storm water discharge is in compliance with a department permit or approval which includes storm water control requirements that are at least as stringent as requirements under this subchapter, the department may determine that a facility is in compliance with permit coverage required under s. 283.33, Stats., and will not be required to hold a separate permit under s. 283.33, Stats.
NR 216.42(7) (7)Mill and crush operation. If construction activity does not result in land disturbing construction activity including a mill and crush operation that does not have soil disturbance, filling or road shoulder grading, the activity is not regulated under this subchapter.
NR 216.42(8) (8)Routine maintenance. Routine maintenance for project sites that involve under 5 acres of land disturbance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility is not regulated under this subchapter.
NR 216.42(10) (10)Oil and gas industry. Storm water discharges from construction sites that disturb from one to 5 acres of land and that are associated with construction activity at oil and gas exploration, production, processing or treatment operations or transmission facilities are exempt from this subchapter until March 10, 2005.
NR 216.42(11) (11)Quarter mile separation. Where discrete construction projects within a larger common plan of development or sale are located at least 1/4 mile apart and the area between the projects is not being disturbed, each individual project may be treated as a separate plan of development or sale provided any interconnecting road, pipeline or utility project that is part of the same “common plan" is not concurrently being disturbed.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.