NR 216.23(3)(a)3.3. The permittee has completed a minimum of 3 years of industrial activity under a SWPPP, with no confirmed problems identified by public complaint or the annual facility site compliance inspection reports required under s. NR 216.29 (2).

NR 216.23(3)(b)(b) The department may elect to cover any industrial storm water discharge under a tier 2 general permit where the department determines that a tier 2 general permit is appropriate.

NR 216.23(4)(4) Changing to tier 1. If the department determines that a facility or an industrial activity covered under a tier 2 general permit may be discharging storm water contaminated with pollutants listed in s. NR 216.27 (3) (j), the department may require that the facility or activity be covered by a tier 1 general permit.

NR 216.24(1)(1) Industry-specific permits. In addition to statewide general permits issued under s. NR 216.23 (1) or (2), the department may issue industry-specific general storm water discharge permits to one or more categories of industries identified in s. NR 216.21 (2).

NR 216.24(2)(2) Requirements. Industry-specific general industrial storm water discharge permits shall differ from the statewide storm water general permits by factoring in characteristics common to the industry including the characteristic that requirements of the permit may contain phased source area control compliance schedules.

NR 216.24(3)(a)(a) The department may allow a permittee to participate in a program to assist the facility with maintaining compliance with an industry-specific permit. The department may waive certain requirements of this subchapter via permit in exchange for alternative requirements such as mandatory education and a facility inspection program that the department finds to be equivalent or more effective at controlling pollution from storm water runoff.

NR 216.24(3)(b)(b) The department may terminate a cooperative compliance program if it finds that the program is ineffective.

NR 216.25(1)(1) Permit requirements. Requirements of an individual WPDES permit issued under s. 283.31 or 283.33, Stats., shall be consistent with similar requirements in general storm water discharge permits, except where the department determines that more stringent requirements are necessary to meet a performance standard of ch. NR 151 or a water quality standard. The department may require that specific source area controls be used as a requirement of an individual permit.

NR 216.25(2)(2) Effluent limitations. A facility covered by an individual WPDES storm water permit under s. 283.33 (1) (d), Stats., may be subject to an effluent limitation for a point source discharge, as defined in s. 283.01 (6), Stats., for storm water discharge.

NR 216.25(3)(3) Individual permit coverage. If it determines that one or more of the following conditions are met, the department may require that a storm water discharge be covered by an individual WPDES permit under s. 283.31 or 283.33, Stats.:

NR 216.25(3)(a)(a) The storm water discharge is a significant source of pollution and more appropriately regulated by an individual WPDES storm water permit.

NR 216.25(3)(b)(b) The storm water discharger is not in compliance with the terms and conditions of this chapter, or a general storm water discharge permit issued under this subchapter.

NR 216.25(3)(c)(c) Effluent limitations or standards are promulgated for a storm water discharge.

NR 216.25(4)(4) Petition. Any person may submit a written request to the department that it take action under this section.

NR 216.25(5)(5) Revocation of general permit coverage. If the department determines that an industrial facility should be covered by an individual WPDES permit, the department shall explain its decision in writing to the permittee prior to revoking general permit coverage and issuing an individual WPDES permit.

NR 216.27(1)(1) Applicability. Any person who owns or operates an industrial activity with a storm water discharge subject to the applicability requirements of s. NR 216.21 (2) that does not qualify for a no exposure certification under s. NR 216.21 (3) shall prepare and implement an SWPPP under this section.

NR 216.27(2)(2) Incorporation by reference. When plans are developed or activities conducted in accordance with other federal, state or local regulatory programs that meet the requirements of this section, the plans may be incorporated into the SWPPP by reference.

NR 216.27(3)(a)(a) The SWPPP shall identify by job title the specific individual who has primary responsibility for all aspects of SWPPP development and implementation and identify any other individuals concerned with SWPPP development or implementation, and their respective roles. The specific individual who has primary responsibility shall develop, evaluate, maintain and revise the SWPPP; and carry out the specific management actions identified in the SWPPP, including: maintenance practices, monitoring activities, preparing and submitting reports and serving as facility contact for the department.

NR 216.27(3)(b)(b) The SWPPP shall contain a short summary of the major activities conducted at various locations throughout the facility.