NR 216.28(4)(e)3.3. An alternative sampling collection time specified by the department if the department determines it is necessary to obtain a representation sample of storm water runoff from the site. NR 216.28(4)(f)(f) Monitoring samples shall be representative of the monitored discharge. Analytic testing shall be in conformance with ch. NR 219, unless an alternate procedure is approved by the department prior to the initiation of sampling. NR 216.28(4)(g)(g) For each storm water measurement or sample taken, the permittee shall record and submit the following information to the department in the annual facility site compliance inspection reports described in s. NR 216.29 (2): NR 216.28(4)(g)1.1. The date, exact place, method and time of sampling or measurements. NR 216.28(4)(g)4.4. The name of the certified laboratory which performed the analysis. NR 216.28(4)(g)7.7. The estimated duration of the rainfall event, in hours, and the estimated total amount of precipitation falling during the rainfall event, in inches. NR 216.28(5)(5) Monitoring exceptions. The department may waive specific monitoring requirements if one of the following applies: NR 216.28(5)(a)(a) An employee could not reasonably be present at the facility at the time of the snowmelt or runoff event, or those attempts to meet the monitoring requirement would endanger employee safety or well being. NR 216.28(5)(b)(b) There were no snow melt or runoff events large enough to conduct a quarterly visual inspection at an outfall. NR 216.28(5)(c)(c) The facility is inactive or remote, such as inactive mining operations where monitoring and inspection activities are impractical or unnecessary. At a minimum, the department shall establish an alternative requirement that the facilities make site inspections by a qualified individual at least once in every 3-year period. NR 216.28(5)(d)(d) The permittee can demonstrate to the department’s satisfaction that the sources of storm water contamination are outside of the facility’s property boundary and are not associated with the facility’s activities. The demonstration shall be presented in the SWPPP and submitted to the department for evaluation. NR 216.28 HistoryHistory: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04. NR 216.29NR 216.29 Compliance and reporting requirements. NR 216.29(1)(a)(a) Owners or operators of proposed facilities that will have one acre or more of land disturbing construction activities as part of their construction, shall develop a SWPPP and submit either the SWPPP or a SWPPP summary to the department at least 14 working days prior to initiating land disturbing construction activities at the site or submit a no exposure certification to the department under s. NR 216.21 (3). NR 216.29 NoteNote: This timeline is consistent with the requirement to develop erosion control and storm water management plans and submit a notice of intent under subch. III.
NR 216.29(1)(b)(b) Owners or operators of other facilities shall develop a SWPPP and submit either the SWPPP or a SWPPP summary to the department prior to initiating industrial operations. NR 216.29(1)(d)(d) The SWPPP shall be kept at the facility and made available to the department upon request. 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 required under s. NR 216.28 (1) and shall indicate whether the SWPPP includes a storm water treatment practice. If a SWPPP includes a storm water treatment practice, the department may require the submittal of plans and specifications for the storm water treatment practice 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 HistoryHistory: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; CR 21-027: am. (1) (a), (b), (e), (g) Register March 2022 No. 795, eff. 4-1-22. 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(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 HistoryHistory: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04. NR 216.31NR 216.31 Permit 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 completed on forms provided by the department as specified under s. NR 216.006 and signed by both the permittee and the new owner or operator. If the permittee’s signature cannot be obtained, the new owner or operator shall apply for coverage as specified under s. NR 216.22. 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 216.32(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 as specified under s. NR 216.006. 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 HistoryHistory: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; CR 21-027: am. (2), r. (5) Register March 2022 No. 795, eff. 4-1-22. NR 216.41NR 216.41 Purpose. 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 HistoryHistory: 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 216.42(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 under s. NR 216.43 or to the department via an authorized local program under s. NR 216.10 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 NoteNote: Disturbances less than one acre may require a permit if the disturbances are part of a common plan of development with one acre or more of total land disturbance as described in s. NR 216.002 (2). NR 216.42(2)(a)(a) Storm water discharges associated with planting, growing, cultivating, or harvesting crops for use or consumption by humans, livestock as defined in s. 95.80 (1) (b), Stats., or poultry, including sod farms and tree nurseries are not regulated by this subchapter. NR 216.42(2)(b)(b) Storm water discharges associated with pasturing or yarding livestock, as defined in s. 95.80 (1) (b), Stats., or poultry are not regulated by this subchapter. NR 216.42(2)(c)(c) The exemptions under pars. (a) and (b) do not apply to the construction of barns, manure storage facilities, barnyard runoff control systems, or other similar structures. NR 216.42(3)(3) Silviculture. Storm water discharges from silviculture activities conducted in accordance with standard industry practices, including nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance are not regulated by this subchapter. Land disturbing construction activity that includes clearing and grubbing of an area of a construction site is not a silviculture activity. NR 216.42 NoteNote: Wisconsin’s Forestry Best Management Practices for Water Quality Field Manual provides examples of silvicultural industry practices. These practices are intended to prevent or reduce pollution to waters of the state from silvicultural activities. 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(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 NoteNote: Grading an existing dirt road or adding gravel to an existing parking lot are examples of routine maintenance. Full depth pavement reconstruction or underground utility replacement involving exposure of bare soils is not routine maintenance.
NR 216.42(8m)(8m) Drainage districts. Storm water discharges from land containing dredged material removed from a drainage district ditch are not regulated by this subchapter if all of the following are met: NR 216.42(8m)(a)(a) The work is authorized by a drainage district subject to ch. 88, Stats. NR 216.42(8m)(b)(b) The land is adjacent to the ditch from which the dredged material was removed. NR 216.42(8m)(c)(c) The area of land disturbing activity that does not meet the exemption in sub. (2) is less than 5 acres for activities that qualify as routine maintenance and less than one acre for all other activities. NR 216.42 NoteNote: Drainage district ditch dredging is also subject to provisions in ch. 30, Stats., and erosion and sediment control performance standards under s. NR 151.105 or 151.11, to implement s. 88.74 (3) (b), Stats. 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. NR 216.42 HistoryHistory: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; correction in (4), (9) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672; CR 19-053: r. (4), (5), (9) Register January 2020 No. 769, eff. 2-1-20; CR 21-027: am. (1), renum. (2) to (2) (a) and am., cr. (2) (b), (c), am. (3), r. (6), cr. (8m), r. (10) Register March 2022 No. 795, eff. 4-1-22; correction in (2) (a) made under s. 35.17, Stats., Register March 2022. NR 216.43NR 216.43 Notice of intent requirements. NR 216.43(1)(1) Forms. The landowner shall submit a notice of intent to the department on forms available from the department as specified under s. NR 216.006. Data submitted in the notice of intent forms shall be used as a basis for conferring coverage under a WPDES storm water permit. NR 216.43(2)(2) Application fee. A storm water construction site application fee defined by Table 5 shall be submitted to the department with the notice of intent. NR 216.43(3)(3) Signature requirements. The notice of intent form shall be signed by the landowner as follows: NR 216.43(3)(a)(a) In the case of a corporation, by a principal executive officer of at least the level of vice president or by the officer’s authorized representative having overall responsibility for the operation of the site for which a permit is sought. NR 216.43(3)(b)(b) In the case of a limited liability company, by a member or manager. NR 216.43(3)(d)(d) In the case of a sole proprietorship, by the proprietor. NR 216.43(3)(e)(e) For a unit of government, by a principal executive officer, ranking elected official or other duly authorized representative. NR 216.43(4)(4) Late application fee. If an applicant applies for a permit after land disturbance has commenced, the application fees under sub. (2) shall be doubled. NR 216.43(5)(5) Reapplication. Coverage under a general permit shall be valid for up to 3 years from the date the department conveys coverage for the site. If the covered discharge is not completed within 3 years, the permittee shall reapply for coverage at least 14 working days before coverage will expire. The reapplication fee shall be equal to the application fee at the time of reapplication for the original disturbed area and coverage will remain effective for up to 3 more years. NR 216.43 HistoryHistory: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; CR 21-027: am. (1), (2) Table 5, cr. (4), (5) Register March 2022 No. 795, eff. 4-1-22. NR 216.44NR 216.44 Notice of intent deadline. NR 216.44(1)(1) Except as provided under sub. (3), a landowner required to obtain WPDES permit coverage for storm water discharges from a construction site shall submit a completed notice of intent, in accordance with the requirements of this subchapter and as specified under s. NR 216.006. The notice of intent shall be submitted so that it is received by the department at least 14 working days prior to the commencement of any land disturbing construction activities. Unless notified by the department to the contrary, a landowner who has submitted a notice of intent in accordance with the provisions of this subchapter is authorized to discharge storm water from a construction site under the terms and conditions of the general construction site storm water discharge permit 14 working days after the date that the department receives the notice of intent or upon receipt of notification from the department that the construction site is covered under the general construction site discharge permit. The landowner becomes the permittee once the construction site is authorized permit coverage. NR 216.44(2)(2) A site-specific erosion control and storm water management plan pursuant to ss. NR 216.46 and 216.47 shall be completed by the landowner prior to submitting the notice of intent to the department under sub. (1) and shall be updated as appropriate pursuant to s. NR 216.50. The erosion control and storm water management plans shall be submitted to the department upon request so that it may evaluate whether the plans comply with ss. NR 216.46 and 216.47. The department may withhold permit coverage as necessary until it verifies that the plans comply with ss. NR 216.46 and 216.47. NR 216.44 NoteNote: The department encourages landowners and their representatives to consult with the department’s regional storm water staff prior to local plan approval on the conceptual plans for erosion control and storm water management. Contact information for department regional storm water staff is available from the department website at http://dnr.wi.gov/topic/stormwater/contacts.html or by contacting the storm water program in the bureau of watershed management at (608) 267-7694.
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