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 NoteNote: 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)(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 NoteNote: 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(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 NoteNote: 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)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)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)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 NoteNote: 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.