Chapter NR 151

NR 151.21(9) (9) “Public mass transit facility” means any area of land or water which is used, or intended for use, by bus or light rail, and any appurtenant areas which are used, or intended for use, by bus or light rail, including buildings or other facilities or rights-of-way, either publicly or privately owned, that provide the public with general or special service on a regular and continuing basis.

NR 151.21(10) (10) “Public trail” means a “state ice age trail area” designated under s. 23.17 (2), Stats., a state trail under s. 23.175 (2) (a), Stats., an “all-terrain vehicle trail” under s. 23.33 (1) (d), Stats., an “off-the-road motorcycle trail” under s. 23.33 (9) (b) 4., Stats., a “recreational trail” under s. 30.40 (12m), Stats., a “walkway” under s. 30.40 (22), Stats., a state trail under s. 84.06 (11), Stats., a “bikeway” under s. 84.60 (1) (a), Stats., a “snowmobile trail” under s. 350.01 (17), Stats., a “public snowmobile corridor” under s. 350.12 (3j) (a) 1., Stats., or any other trail open to the public as a matter of right.

NR 151.21(11) (11) “Railroad” means any area of land or water which is used, or intended for use, in operating a railroad as defined in s. 85.01 (5), Stats., and any appurtenant areas which are used, or intended for use, for railroad buildings or other railroad facilities or rights-of-way, together with all railroad buildings and facilities located thereon.

NR 151.21(12) (12) “Reconditioning” has the meaning given in s. 84.013 (1) (b), Stats.

NR 151.21(13) (13) “Reconstruction” has the meaning given in s. 84.013 (1) (c), Stats.

NR 151.21(14) (14) “Resurfacing” has the meaning given in s. 84.013 (1) (d), Stats.

NR 151.21(15) (15) “Transportation facility authority” means any person or entity that is authorized to approve work on a transportation facility by contract, permit or with its own forces or by force account. A permit or approval granted by the department pursuant to ch. 283, Stats., does not qualify as authorization needed to meet this definition.

NR 151.21 History History: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: r. (1), cr. (1m), am. (5), (8) Register December 2010 No. 660, eff. 1-1-11.

NR 151.22 NR 151.22 Responsible party.

NR 151.22(1) (1) Transportation facility authority.

NR 151.22(1)(a) (a) The transportation facility authority shall develop a design plan to meet the performance standards of this subchapter for land disturbing construction activity at the transportation facility construction site.

NR 151.22(1)(b) (b) The transportation facility authority, in consultation with the department, shall approve the implementation plan submitted under sub. (2) (a). The transportation facility authority shall incorporate the implementation plan into the contract for project construction.

NR 151.22(1)(c) (c) The transportation facility authority shall administer and enforce the implementation plan submitted by the prime contractor under sub. (2) (a) under the contract for project construction. The transportation facility authority shall ensure that the prime contractor follows and maintains the implementation plan under par. (b). If the prime contractor does not follow the implementation plan incorporated into the contract for project construction, the transportation facility authority shall control erosion and sediment at the construction site consistent with the design plan prepared under par. (a) or implementation plan prepared under sub. (2) (a).

NR 151.22(1)(d) (d) Before accepting the completed project, the transportation facility authority shall verify in writing that the prime contractor has satisfactorily completed the implementation plan pursuant to sub. (2) (b). The transportation authority shall submit the written verification to the prime contractor and to the authority in charge of maintenance of the transportation facility. Upon written verification by the transportation facility authority under this paragraph, the prime contractor is released from the responsibility under this subchapter, except for any responsibility for defective work or materials, damages by its own operations, or as may be otherwise required in the project construction contract.

NR 151.22(2) (2) Prime contractor.

NR 151.22(2)(a) (a) The prime contractor shall develop and submit to the transportation facility authority an implementation plan that identifies applicable BMPs and contains a schedule for implementing the BMPs in accordance with design plan to meet the performance standards under sub. (1) (a). The implementation plan shall identify an array of BMPs that may be employed to meet the performance standards. The implementation plan shall also address the design and implementation of BMPs required in ss. NR 151.23 and 151.24 for land disturbing construction activity within borrow sites and material disposal sites that are related to the construction project.

NR 151.22(2)(b) (b) The prime contractor shall implement the implementation plan as required by the contract for project construction prepared pursuant to sub. (1) (b).

NR 151.22(2)(c) (c) A transportation authority that carries out the construction activity with its own employees and resources shall comply with the prime contractor requirements contained in this subsection, including preparing and carrying out an implementation plan.

NR 151.22(3) (3) Single plan. For transportation projects that are not administered under ch. Trans 401, the requirements of this subchapter may be developed under one plan instead of 2 separate plans as described under subs. (1) (a) and (2) (a). A plan created under this subsection shall contain both the design components required under sub. (1) (a) and the implementation components required under sub. (2) (a).

NR 151.22 Note Note: This single plan may be the erosion control plan specified in s. NR 216.46.

NR 151.22(4) (4) Maintenance authority. Upon execution of the written verification prepared under sub. (1) (d) by the transportation facility authority, the authority in charge of maintenance of the transportation facility shall maintain the BMPs to meet the performance standards of this subchapter. However, BMPs no longer necessary for erosion and sediment control shall be removed by the maintenance authority.

NR 151.22 History History: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (1) (a) Register December 2010 No. 660, eff. 1-1-11.

NR 151.225 NR 151.225 Construction site performance standard for non-permitted sites and routine maintenance.

NR 151.225(1) (1) Applicability. This section applies to any transportation facility construction site that consists of land disturbing construction activity for any of the following:

NR 151.225(1)(a) (a) Transportation facility construction sites of less than one acre.

NR 151.225(1)(b) (b) Routine maintenance if performed for storm water conveyance system cleaning for sites that consist of less than 5 acres.

NR 151.225 Note Note: Land disturbing construction sites of less than one acre and routine maintenance if performed for storm water conveyance system cleaning for sites that consist of less than 5 acres of land disturbance are not regulated under subch. III of ch. NR 216 unless designated by the department under s. NR 216.51 (3).

NR 151.225(1)(c) (c) Transportation facility construction projects that are exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under 40 CFR 122, for land disturbing construction activity.

NR 151.225(2) (2) Responsible party. The transportation facility authority or other person contracted or obligated by other agreement with the transportation facility authority to implement and maintain construction site BMPs is the responsible party and shall comply with this section.

NR 151.225(3) (3) Requirements. Erosion and sediment control practices at each site where land disturbing construction activity is to occur shall be used to prevent or reduce all of the following:

NR 151.225(3)(a) (a) The deposition of soil from being tracked onto streets by vehicles.

NR 151.225(3)(b) (b) The discharge of sediment from disturbed areas into on-site storm water inlets.

NR 151.225(3)(c) (c) The discharge of sediment from disturbed areas into adjacent waters of the state.

NR 151.225(3)(d) (d) The discharge of sediment from drainage ways that flow off the site.

NR 151.225(3)(e) (e) The discharge of sediment by dewatering activities.

NR 151.225(3)(f) (f) The discharge of sediment eroding from soil stockpiles existing for more than 7 days.

NR 151.225(3)(g) (g) The transport by runoff into waters of the state of chemicals, cement and other building compounds and materials on the construction site during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this paragraph.

NR 151.225 Note Note: In accordance with subch. V, the department has developed technical standards to help meet the construction site performance standards. These technical standards are available from the department at dnr.wi.gov.

NR 151.225(4) (4) Location. BMPs shall be located so that treatment occurs before runoff enters waters of the state.

NR 151.225(5) (5) Implementation. The BMPs used to comply with this section shall be implemented as follows:

NR 151.225(5)(a) (a) Erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin.

NR 151.225(5)(b) (b) Erosion and sediment control practices shall be maintained until final stabilization.

NR 151.225(5)(c) (c) Final stabilization activity shall commence when land disturbing activities cease and final grade has been reached on any portion of the site.

NR 151.225(5)(d) (d) Temporary stabilization activity shall commence when land disturbing construction activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.

NR 151.225(5)(e) (e) BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.

NR 151.225 History History: CR 09-112: cr. Register December 2010 No. 660, eff. 1-1-11.

NR 151.23 NR 151.23 Construction site performance standard for sites of one acre or more.

NR 151.23(1) (1) Applicability. This section applies to any transportation facility construction site that consists of one acre or more of land disturbing construction activity.

NR 151.23(1)(a) (a) Subsections (2), (3), (4), and (5) apply to all of the following:

NR 151.23(1)(a)1. 1. Transportation facility construction sites for which the department received a notice of intent in accordance with subch. III of ch. NR 216 before January 1, 2011.

NR 151.23(1)(a)2. 2. Transportation facility construction sites for which a bid has been advertised or construction contract signed for which no bid was advertised, before January 1, 2011.

NR 151.23(1)(b) (b) Subsections (2) (a), (b), and (cm), (3), (4m), (5), and (6) apply to all of the following:

NR 151.23(1)(b)1. 1. Transportation facility construction sites for which the department received a notice of intent in accordance with subch. III of ch. NR 216 on or after January 1, 2011.

NR 151.23(1)(b)2. 2. Transportation facility construction sites for which a bid has been advertised or construction contract signed for which no bid was advertised, on or after January 1, 2011.

NR 151.23(2) (2) Exemption. This section does not apply to the following:

NR 151.23(2)(a) (a) Transportation facility construction projects that are exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under 40 CFR 122, for land disturbing construction activity.

NR 151.23(2)(b) (b) Transportation facility construction projects that are part of a larger common plan of development, such as a residential or industrial development, and are in compliance with the performance standards of subch. III.

NR 151.23(2)(c) (c) Routine maintenance for transportation facilities that have less than 5 acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility.

NR 151.23 Note Note: Construction projects such as installations of utilities within a transportation right-of-way that are not directed and supervised by the Department of Transportation are subject to the performance standards of subch. III and are not subject to this subchapter.

NR 151.23(2)(cm) (cm) Routine maintenance if performed for storm water conveyance system cleaning for sites that consist of less than 5 acres of land disturbance.

NR 151.23(3) (3) Plan.

NR 151.23(3)(a) (a) The responsible party under s. NR 151.22 shall develop and implement a written design plan for each construction site. The plan shall incorporate the applicable requirements of this section.

NR 151.23 Note Note: The design plan may be the erosion control plan specified in s. NR 216.46 or the design plan in s. NR 151.22 (1) (a).

NR 151.23(3)(b) (b) The plan required under s. NR 151.22 (2) (a) or (3) shall be properly installed to implement the plan under s. NR 151.22 (1) (a).

NR 151.23(4) (4) Pre-January 1, 2011 requirements. The design plan required under sub. (3) shall include the following:

NR 151.23(4)(a) (a) BMPs that, by design, achieve, to the maximum extent practicable, a reduction of 80% of the sediment load carried in runoff, on an average annual basis, as compared with no sediment or erosion controls, as specified in s. NR 151.22 (1) (a) or (3), until the construction site has undergone final stabilization. No person shall be required to exceed an 80% sediment reduction to meet the requirements of this paragraph. Erosion and sediment control BMPs may be used alone or in combination and shall be installed according to any associated implementation plan to meet the requirements of this paragraph. Credit toward meeting the sediment reduction shall be given for limiting the duration or area, or both, of land disturbing construction activity, or other appropriate mechanism.

NR 151.23 Note Note: Soil loss prediction tools that estimate the sediment load leaving the construction site under varying land and management conditions, or methodology identified in subch. V., may be used to calculate sediment reduction.

NR 151.23(4)(b) (b) Notwithstanding par. (a), if BMPs cannot be designed and implemented to reduce the sediment load by 80%, based on an average annual rainfall, the design plan shall include a written and site-specific explanation why the 80% reduction goal is not attainable and the sediment load shall be reduced to the maximum extent practicable.

NR 151.23(4)(c) (c) Where appropriate, the design plan shall include sediment controls to do all of the following to the maximum extent practicable:

NR 151.23(4)(c)1. 1. Prevent tracking of sediment from the construction site onto roads and other paved surfaces.

NR 151.23(4)(c)2. 2. Prevent the discharge of sediment as part of site de-watering.

NR 151.23(4)(c)3. 3. Protect the separate storm drain inlet structure from receiving sediment.

NR 151.23(4)(d) (d) The use, storage and disposal of chemicals, cement and other compounds and materials used on the construction site shall be managed during the construction period to prevent their transport by runoff into waters of the state. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this paragraph.

NR 151.23(4m) (4m) Post-January 1, 2011 requirements. The design plan required under sub. (3) shall meet all of the following:

NR 151.23(4m)(a) (a) Erosion and sediment control practices. Erosion and sediment control practices at each site where land disturbing construction activity is to occur shall be used to prevent or reduce all of the following:

NR 151.23(4m)(a)1. 1. The deposition of soil from being tracked onto streets by vehicles.

NR 151.23(4m)(a)2. 2. The discharge of sediment from disturbed areas into on-site storm water inlets.

NR 151.23(4m)(a)3. 3. The discharge of sediment from disturbed areas into adjacent waters of the state.

NR 151.23(4m)(a)4. 4. The discharge of sediment from drainage ways that flow off the site.

NR 151.23(4m)(a)5. 5. The discharge of sediment by dewatering activities.

NR 151.23(4m)(a)6. 6. The discharge of sediment eroding from soil stockpiles existing for more than 7 days.

NR 151.23(4m)(a)7. 7. The discharge of sediment from erosive flows at outlets and in downstream channels.

NR 151.23(4m)(a)8. 8. The transport by runoff into waters of the state of chemicals, cement and other building compounds and materials on the construction site during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this subdivision.

NR 151.23(4m)(a)9. 9. The transport by runoff into waters of the state of untreated wash water from vehicle and wheel washing.

NR 151.23 Note Note: Wastewaters, such as from concrete truck washout, need to be properly managed to limit the discharge of pollutants to waters of the state. A separate permit may be needed from the department where a wastewater discharge has the potential to adversely impact waters of the state. The appropriate department regional wastewater specialist should be contacted to determine if wastewater permit coverage is needed where wastewater will be discharged to waters of the state.

NR 151.23(4m)(b) (b) Sediment performance standards. In addition to the erosion and sediment control practices under par. (a), the following erosion and sediment control practices shall be employed:

NR 151.23(4m)(b)1. 1. For transportation facility construction sites for which the department received a notice of intent for the construction project in accordance with subch. III of ch. NR 216 within 2 years after January 1, 2011, BMPs that, by design, achieve a reduction of 80 percent, or to the maximum extent practicable, of the sediment load carried in runoff, on an average annual basis, as compared with no sediment or erosion controls, until the construction site has undergone final stabilization.

NR 151.23(4m)(b)2. 2. For transportation facility construction sites for which the department received a notice of intent for the construction project in accordance with subch. III of ch. NR 216, 2 years or more after January 1, 2011, BMPs that, by design, discharge no more than 5 tons per acre per year, or to the maximum extent practicable, of the sediment load carried in runoff from initial grading to final stabilization.

NR 151.23(4m)(b)3. 3. The department may not require any person to employ more BMPs than are needed to meet a performance standard in order to comply with maximum extent practicable. Erosion and sediment control BMPs may be combined to meet the requirements of this paragraph. The department shall give credit toward meeting the sediment performance standard of this paragraph for limiting the duration or area, or both, of land disturbing construction activity, or for other appropriate mechanisms.