SPS 360.10(1)
(1)
Municipal ordinances. Pursuant to s.
101.1206 (5m), Stats., a municipality may continue to administer and enforce a local ordinance related to erosion and sediment control at building sites where land disturbing construction activities are to occur if the ordinance meets all of the following conditions:
SPS 360.10(1)(a)
(a) The ordinance standards are more stringent than the standards of this chapter.
SPS 360.10(2)
(2) Municipal authority. Nothing in this chapter shall prevent a municipality from any of the following:
SPS 360.10(2)(a)
(a) Instituting administrative erosion and sediment control requirements such as plan review, permitting or inspecting and the associated fees to cover the costs of those requirements.
SPS 360.10(2)(b)
(b) Implementing erosion and sediment control requirements that are more stringent than the standards of this chapter when directed by an order of the United States environmental protection agency or by an administrative rule of the department of natural resources under
s. NR 151.004.
SPS 360.10(2)(c)
(c) Regulating erosion and sediment control for sites that are not under the scope of this code.
SPS 360.10 Note
Note: This code does not apply to buildings that are not public buildings, places of employment or buildings and projects exempted under s.
101.05, Stats. For example: farm buildings, buildings on Indian reservations or buildings owned by the federal government are not buildings under the scope of this chapter. Erosion control and storm water management standards enacted by municipalities, the Department of Natural Resources or the U.S. Environmental Protect Agency may apply in these cases.
SPS 360.10(3)
(3) DNR authority. This code shall not be construed to affect the authority of the department of natural resources to enforce chapters
281 and
283, Stats., and administrative rules promulgated there under.
SPS 360.10 History
History: CR 05-113: cr.
Register December 2006 No. 612, eff. 4-1-07; correction in (1) (intro.) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 360.11
SPS 360.11
Certified municipalities. Certified municipalities in conformance with
s. SPS 361.60 may serve as the department's agent for all inspections referenced under
ss. SPS 360.14 and
360.15.
SPS 360.13
SPS 360.13
Plans; erosion and sediment control. SPS 360.13(1)(a)
(a) An erosion and sediment control plan shall be prepared that delineates the practices to be employed for the site where land disturbing construction activity is to occur.
SPS 360.13(1)(b)
(b) An erosion and sediment control plan shall be of sufficient detail so as to document compliance with
s. SPS 360.20.
SPS 360.13(1)(c)
(c) An erosion and sediment control plan shall show the areas of land disturbance and location of all control practices to be employed to comply with this chapter.
SPS 360.13(1)(d)
(d) An erosion and sediment control plan shall show the pre-construction ground surface contour lines at intervals appropriate for conditions present within the proposed disturbed areas.
SPS 360.13(1)(e)
(e) An erosion and sediment control plan shall identify the initial downstream receiving water of the state from the building site.
SPS 360.13(2)(a)(a) An erosion and sediment control plan and any revisions to the plan shall be maintained at the construction site for the duration of the land disturbing construction activities.
SPS 360.13(2)(b)
(b) An erosion and sediment control plan and any revisions shall be made available to the department, municipality or delegated inspection agency providing the required inspections.
SPS 360.13 History
History: CR 05-113: cr.
Register December 2006 No. 612, eff. 4-1-07; correction in (1) (a) 2. made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
CR 16-052: r. (2) Register July 2017 No. 739, eff. 8-1-17; (1) renum. to 360.13 and am. (title) under s. 13.92 (4) (b) 1. and 2., Stats., Register July 2017 No. 739. SPS 360.14(1)(1) A person certified in accordance with
ch. SPS 305 as a soil erosion inspector or commercial building inspector shall conduct all inspections performed for the purpose of administering and enforcing the erosion and sediment control provisions under this chapter.
SPS 360.14(2)
(2) The inspections of the erosion and sediment control practices under this chapter shall be conducted as required under
s. SPS 361.41.
SPS 360.14 History
History: CR 05-113: cr.
Register December 2006 No. 612, eff. 4-1-07; correction in (1), (2) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 360.15(1)(a)(a) Notification. Upon finding of noncompliance, the inspector administering and enforcing the erosion and sediment control provisions under this chapter shall notify the owner or owner's agent in writing of the violations to be corrected and the time period allowed for compliance.
SPS 360.15(1)(b)
(b) Timing of orders. Except as provided in
par. (c), the time period allowed for compliance shall be determined based on the severity of the noncompliance in relation to the potential soil loss or damage to the waters of the state.
SPS 360.15(1)(c)1.1. Pursuant to s.
101.1206, Stats., the department or a certified municipality may issue a special order directing an immediate cessation of construction work on other facets of the building until compliance with the erosion and sediment control provisions under this chapter is attained.
SPS 360.15(1)(c)2.
2. Construction work may resume once the erosion and sediment control compliance corrections have been completed.
SPS 360.15(2)
(2) Penalties. Penalties for violations of this chapter shall be assessed in accordance with s.
101.02 (13), Stats.
SPS 360.15 Note
Note: Section
101.02 (13), Stats., provides for fines of up to $100 for each violation of rules promulgated under this section. Each day of continued violation may constitute a separate offense.
SPS 360.15 Note
Note: For a site where one or more acres of land disturbing construction activity occurs, the Department of Natural Resources has the ability to inspect and pursue enforcement action under the issuance of the Wisconsin Pollutant Discharge Elimination System, WPDES, General Permit pursuant to chapter NR 216.
SPS 360.15 History
History: CR 05-113: cr.
Register December 2006 No. 612, eff. 4-1-07; correction in (1) (c) 1. made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 360.20
SPS 360.20
Erosion and sediment control. SPS 360.20(1)(a)(a) Where land disturbing construction activity is to occur erosion and sediment control practices shall be employed, as necessary, and maintained to prevent or reduce the potential deposition of soil or sediment to all of the following:
SPS 360.20(1)(b)
(b) Land disturbing construction activities, except those activities necessary to implement erosion or sediment control practices, may not begin until the sediment control practices are in place for each area to be disturbed in accordance with the erosion and sediment control plan.
SPS 360.20(1)(c)
(c) Erosion and sediment control practices shall be maintained until the disturbed areas are stabilized. A disturbed area shall be considered stabilized when a perennial cover has been established with a density of at least 70%.
SPS 360.20(1)(d)
(d) Erosion and sediment control practices shall either be approved by the department or listed by the department of natural resources in accordance with the process under
s. NR 151.32 (2).
SPS 360.20 Note
Note: Listed practices can be found through the Department's Division of Industry Services website at
http://dsps.wi.gov/programs/industry-services or by contacting the Division at telephone (608) 266-3151 or 877/617-1565 or 411 (Telecommunications Relay).
SPS 360.20(2)
(2) Mandated practices. Specific practices at each site where land disturbing construction activity is to occur shall be utilized to prevent or reduce all of the following:
SPS 360.20(2)(a)
(a) The deposition of soil from being tracked onto streets by vehicles.
SPS 360.20(2)(b)
(b) The discharge of sediment from disturbed areas into on-site storm water inlets.
SPS 360.20(2)(c)
(c) The discharge of sediment from disturbed areas into abutting waters of the state.
SPS 360.20(2)(d)
(d) The discharge of sediment from drainage ways that flow off the site.
SPS 360.20(2)(f)
(f) The discharge of sediment eroding from soil stockpiles existing for more than 7 days.
SPS 360.20(3)
(3) Control standards. Including the practices under
sub. (2), additional erosion and sediment control practices shall be employed, as necessary, to accomplish one of the following:
SPS 360.20(3)(a)
(a) A potential annual cumulative soil loss rate of not more than one of the following:
SPS 360.20(3)(a)1.
1. Five tons per acre per year where sand, loamy sand, sandy loam, loam, sandy clay loam, clay loam, sandy clay, silty clay or clay textures are exposed.
SPS 360.20(3)(a)2.
2. Seven and a half tons per acre per [year] where silt, silty clay loam or silt loam textures are exposed.
SPS 360.20 Note
Note: A missing word is shown in brackets.
SPS 360.20(3)(b)
(b) A reduction of at least 80% of the potential sediment load in storm water runoff from the site on an average annual basis as compared with no sediment or erosion controls for the site when the land disturbing construction activity involves one or more acres.
SPS 360.20(3)(c)
(c) A reduction of at least 40% of the potential sediment load in storm water runoff from the site on an average annual basis as compared with no sediment or erosion controls for the site where less than one acre of land disturbing construction activity is to occur.
SPS 360.20 Note
Note: See appendix for further explanatory material regarding compliance solutions for 80 and 40% reductions.
SPS 360.20(4)
(4) Soil loss analysis. Potential soil loss shall be determined using an engineer analytical modeling acceptable to the department.
SPS 360.20 Note
Note: The Revised Universal Soil Loss Equation II is an example of an acceptable method to determine soil loss.
SPS 360.20 History
History: CR 05-113: cr.
Register December 2006 No. 612, eff. 4-1-07.
SPS 360.21
SPS 360.21
Monitoring. The owner or owner's agent shall check the erosion and sediment control practices for maintenance needs at all the following intervals until the site is stabilized:
SPS 360.21(2)
(2) Within 24 hours after a rainfall event of 0.5 inches or greater. A rainfall event shall be considered to be the total amount of rainfall recorded in any continuous 24 hour period.
SPS 360.21(3)
(3) At all intervals that are cited on the erosion and sediment control plan.
SPS 360.22(1)(a)
(a) Except as provided in
par. (c), off-site sediment deposition resulting from the failure of an erosion or sediment control practice shall be cleaned up by the end of the next day.
SPS 360.22 Note
Note: Contact the Department of Natural Resources before attempting to clean up any sediment deposited or discharged into the waters of the state.
SPS 360.22(1)(b)
(b) Except as provided in
par. (c), off-site soil deposition, resulting from construction activity, that creates a nuisance shall be cleaned up by the end of the work day.
SPS 360.22(1)(c)
(c) A municipality may enact more stringent requirements regarding cleanup of soil or sediment deposition onto public ways.
SPS 360.22(2)(a)(a) Except as required in
par. (b), the owner or owner's agent shall complete repair or replacement of erosion and sediment control practices or devices as necessary within 48 hours of an interval specified under
s. SPS 360.21.
SPS 360.22(2)(b)
(b) When the failure of erosion or sediment control practices results in an immediate threat of sediment entering public sewers or the waters of the state, procedures shall be implemented immediately to repair or replace the practices.
SPS 360.22 History
History: CR 05-113: cr.
Register December 2006 No. 612, eff. 4-1-07; correction in (2) (a) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
