Chapter NR 216

NR 216.48(1)(a) (a) The erosion control and storm water management plans and amendments to the erosion control and storm water management plans shall be retained at the construction site until permit coverage is terminated in accordance with s. NR 216.55.

NR 216.48(1)(b) (b) All reports required by this subchapter or information submitted to obtain permit coverage under this subchapter, including the erosion control and storm water management plans, amendments and background information used in their preparation, shall be kept for a period of at least 3 years from the date of notice of termination.

NR 216.48 Note Note: The storm water management plan and long-term maintenance agreement should be kept as long as necessary to document proper maintenance of long-term storm water best management practices in accordance with subchs. III and IV of ch. NR 151.

NR 216.48(2) (2) Local approvals. A landowner operating a construction site under approved municipal sediment and erosion plans, grading plans or storm water management plans shall also submit signed copies of the notice of intent to the local agency approving the plans. If storm water from the construction site discharges to a municipal separate storm sewer system that is regulated under a municipal storm water discharge permit issued pursuant to subch. I, then a signed copy of the notice of intent shall also be sent to the operator of the system.

NR 216.48(3) (3) Additional information. Upon request by the department, the permittee or landowner required to submit a notice of intent under this subchapter shall provide a copy of the erosion control and storm water management plans, construction site inspections and any additional data requested, within 5 working days to the department, to the operator of the municipal storm sewer system that receives the storm water discharge, and any municipal agency approving sediment and erosion plans, grading plans or storm water management plans. Additional information may be requested by the department for resource waters that require additional protection such as outstanding or exceptional resource waters, or other sensitive water resources.

NR 216.48(4) (4) Inspections and maintenance. The permittee or landowner required to submit a notice of intent under this subchapter shall:

NR 216.48(4)(a) (a) Conduct the following construction site inspections:

NR 216.48(4)(a)1. 1. Weekly inspections of implemented erosion and sediment control best management practices.

NR 216.48(4)(a)2. 2. Inspections of erosion and sediment controls within 24 hours after a precipitation event of 0.5 inches or greater. A precipitation event may be considered to be the total amount of precipitation recorded in any continuous 24-hour period.

NR 216.48(4)(b) (b) Repair or replace erosion and sediment control best management practices as necessary within 24 hours of an inspection or department notification that repair or replacement is needed.

NR 216.48(4)(c) (c) Maintain, at the construction site or available via an Internet website, weekly written reports of all inspections conducted by or for the permittee or landowner required to submit a notice of intent under this subchapter. The landowner shall notify the department of all appropriate Internet addresses to access the weekly inspection records. Weekly inspection reports shall include all of the following:

NR 216.48(4)(c)1. 1. The date, time and location of the construction site inspection.

NR 216.48(4)(c)2. 2. The name of the individual who performed the inspection.

NR 216.48(4)(c)3. 3. An assessment of the condition of erosion and sediment controls.

NR 216.48(4)(c)4. 4. A description of any erosion and sediment control best management practice implementation and maintenance performed.

NR 216.48(4)(c)5. 5. A description of the present phase of land disturbing construction activity at the construction site.

NR 216.48 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.

NR 216.49 NR 216.49 Conformance with other applicable regulations.

NR 216.49(1) (1) Local compliance. The erosion control and storm water management plans shall document other applicable municipal regulatory provisions, compliance with which will also meet the requirements of the permit. If these municipal provisions are more stringent than those provisions appearing in a permit issued pursuant to this subchapter, the erosion control and storm water management plans shall include a description of how compliance with the municipal provisions will be achieved.

NR 216.49(2) (2) Plumbing regulations. The erosion control and storm water plans shall be in compliance with applicable state plumbing regulations.

NR 216.49 Note Note: Plumbing regulations are contained within chs. SPS 381 to 387.

NR 216.49(3) (3) Impaired waters. For any of the receiving waters designated as an impaired water, the erosion control plan required under s. NR 216.46 and the storm water management plan required under s. NR 216.47 shall contain a written assessment of the potential for storm water from the facility to discharge a pollutant of concern and identify the control measures and maintenance practices that will collectively be used to reduce, with the goal of eliminating, storm water discharge containing pollutants of concern.

NR 216.49(4) (4) TMDL. If the permittee is subject to an US EPA-approved TMDL, the erosion control plan required under s. NR 216.46 and the storm water management plan required under s. NR 216.47 shall specify the pollution prevention and treatment systems that will be employed to achieve the TMDL permit requirements.

NR 216.49 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; CR 21-027: cr. (3), (4) Register March 2022 No. 795, eff. 4-1-22.

NR 216.50 NR 216.50 Amendments.

NR 216.50(1) (1) Landowner initiated. The permittee or landowner required to submit a notice of intent under this subchapter shall amend the erosion control and storm water management plans if either of the following occurs:

NR 216.50(1)(a) (a) There is a change in design, construction, operation or maintenance at the construction site which has the reasonable potential for the discharge of pollutants and which has not otherwise been addressed in the erosion control and storm water management plans. Changes that may trigger an amendment include addition of access points, additional land disturbing construction activity not included in the original plan, a change or elimination of a best management practice, an increase in proposed impervious area, and changes to post-construction site treatment practices. The department may require a permittee to file a new notice of intent if the amended site requires resource screening of additional area or the amended site no longer meets an exemption from post-construction performance standards under ss. NR 151.121 to 151.125.

NR 216.50(1)(b) (b) The actions required by the plan fail to reduce the impacts of pollutants carried by storm water runoff.

NR 216.50(2) (2) Submittal requirements. For construction sites for which there has been earlier department review of the erosion control and storm water management plans, if the permittee or landowner required to submit a notice of intent under this subchapter identifies changes needed in either plan, the permittee or the landowner required to submit a notice of intent under this subchapter shall notify the department 5 working days prior to making the changes in the plan.

NR 216.50(3) (3) Permit modification. The department may, upon request of a permittee or upon finding of just cause, modify the compliance and reporting schedules or any requirement of a storm water discharge permit.

NR 216.50 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; CR 21-027: am. (1) (a) Register March 2022 No. 795, eff. 4-1-22.

NR 216.51 NR 216.51 Department actions.

NR 216.51(1) (1) Inadequate plans. The department may notify the permittee or landowner required to submit a notice of intent under this subchapter at any time that the erosion control or storm water management plans do not meet one or more of the requirements of this subchapter, or a permit issued pursuant to this subchapter, for reducing and preventing the discharge of pollutants. The notification shall identify those provisions that are not being met by the erosion control or storm water management plan, and identify which provisions of the plan require modifications in order to meet the requirements.

NR 216.51(2) (2) Required plan revisions. Within the time frame identified by the department in its notification, the permittee or landowner required to submit a notice of intent under this subchapter shall make the required changes to the erosion control and storm water management plans, perform all actions required by the revised plans, and submit to the department a written certification that the requested changes have been made and implemented, and submit other information the department requires. The department may revoke construction site storm water discharge permit coverage for failure to comply with this section or take action under s. 283.89, Stats. The landowner of a construction site where the department has revoked coverage under the general WPDES permit may not discharge storm water to waters of the state from the construction site unless an individual WPDES permit for storm water discharge is issued to the landowner.

NR 216.51(3) (3) Other storm water discharges. The department may require the landowner of any storm water discharge associated with land disturbing construction activity to apply for and obtain a storm water discharge permit if the storm water discharge is either:

NR 216.51(3)(a) (a) Contributing to the violation of a water quality standard, or

NR 216.51(3)(b) (b) Contributing significant pollution to waters of the state.

NR 216.51 Note Note: This subsection allows the department to require permit coverage of construction sites with less than one acre of land disturbance.

NR 216.51(4) (4) Denial or revocation of general permit. The department may deny or revoke coverage under a general WPDES permit and require submittal of an application for an individual WPDES storm water permit based on a review of the completed notice of intent or other relevant information. The landowner of a construction site denied or revoked coverage under the general WPDES permit may not discharge storm water to waters of the state from the construction site until an individual WPDES permit for storm water discharge is issued to the landowner.

NR 216.51(5) (5) Individual permit. The department may require the landowner of any storm water discharge covered by a general WPDES permit issued pursuant to this subchapter to apply for and obtain an individual WPDES storm water permit if any of the following occur:

NR 216.51(5)(a) (a) The storm water discharge is determined to be a significant source of pollution and more appropriately regulated by an individual WPDES storm water permit.

NR 216.51(5)(b) (b) The storm water discharge is not in compliance with the terms and conditions of this subchapter, or of a general WPDES permit issued pursuant to this chapter.

NR 216.51(5)(c) (c) A change occurs in the availability of demonstrated technology or best management practices for the control or abatement of pollutants from the storm water discharge.

NR 216.51(5)(d) (d) Effluent limitations or standards are promulgated for a storm water discharge that is different than the conditions contained in this subchapter.

NR 216.51(6) (6) Petition. Any person may submit a written request to the department that it take action under sub. (5).

NR 216.51 Note Note: The department will evaluate a request submitted pursuant to this subsection to determine if an individual permit is warranted.

NR 216.51 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.

NR 216.52 NR 216.52 Use of information. All information contained in the notice of intent other than that specified as confidential shall be available to the public for inspection and copying. All confidential information, so identified, shall be in separate documents. Effluent data is not confidential information. Confidential treatment will be considered only for that information identified as confidential in documents separate from non-confidential information and which meets the requirements of s. 283.55 (2) (c), Stats., and for which written application for confidentiality has been made pursuant to s. NR 2.19.

NR 216.52 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.

NR 216.54 NR 216.54 Transfers. A landowner who has submitted a completed notice of intent and does not intend to control the permitted activities on the construction site may transfer authorization of construction site storm water discharge permit coverage to the person who will control the permitted activities. The transfer request shall be completed on forms provided by the department as specified under s. NR 216.006 and signed by both the current permittee and the proposed permittee. Coverage is not transferred until the department sends notification of transfer approval to the new permittee. The department may require additional information to be filed prior to granting coverage under the general WPDES permit. The department may, if appropriate, require an application for an individual WPDES storm water permit.

NR 216.54 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; CR 21-027: am. Register March 2022 No. 795, eff. 4-1-22.

NR 216.55 NR 216.55 Notice of termination.

NR 216.55(1) (1) When to file. When a construction site has undergone final stabilization, temporary erosion control best management practices have been removed and all storm water discharges associated with the construction site activities that were required to have WPDES permit coverage under this subchapter have ceased, the permittee shall submit a signed notice of termination to the department.

NR 216.55(2) (2) Forms. A notice of termination shall be submitted to the department 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 of a storm water discharge permit.

NR 216.55 Note Note: The notice of termination form is available from the department website at http://dnr.wi.gov/topic/Stormwater/construction/forms.html or by calling 1-888-936-7463.

NR 216.55(3) (3) Signature requirements. The notice of termination form shall be signed as required under s. NR 216.43 (3).

NR 216.55(4) (4) Required information. The notice of termination shall include the following information:

NR 216.55(4)(a) (a) The mailing address and location of the construction site for which the notice of termination is submitted.

NR 216.55(4)(b) (b) The name, mailing address and telephone number of the current permittee, as well as any transferee.

NR 216.55(4)(c) (c) The name, mailing address and telephone number of the general contractor.

NR 216.55(4)(d) (d) The following signed certification:

“I certify under penalty of law that disturbed soils at the identified site have undergone final stabilization and temporary erosion and sediment control measures have been removed or that all storm water discharges associated with construction activity that are authorized by a general WPDES permit have otherwise been eliminated. I understand that by submitting this notice of termination, I am no longer authorized to discharge storm water associated with construction activity by the general WPDES permit, and that discharging pollutants in storm water associated with construction activity to waters of Wisconsin is unlawful where the discharge is not authorized by a general WPDES permit.”

NR 216.55(5) (5) Effective date. Termination of coverage under the permit shall be effective upon written confirmation of permit termination by the department to the permittee.

NR 216.55(6) (6) Administrative termination. If an applicant fails to reapply under s. NR 216.43 (5) or submit a notice of termination under this section, the department may administratively terminate permit coverage 3 years after the date the department conveyed coverage.

NR 216.55 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; CR 21-027: am. (2), cr. (6) Register March 2022 No. 795, eff. 4-1-22.