NR 151.097(4)(a)(a) The landowner or operator shall submit the variance request to the department or governmental unit, including a county land conservation committee within 60 days of receiving the notice.
NR 151.097(4)(b)(b) The governmental unit shall forward any variances that it receives to the department. The department may consider a recommendation from the governmental unit concerning acceptance of the variance request.
NR 151.097(4)(c)(c) The department shall make its determination based on the factors in sub. (3).
NR 151.097(4)(d)(d) The department shall notify the landowner or operator and the governmental unit of its determination. If the variance is granted, the department or governmental unit shall send to the landowner or operator an amended notice.
NR 151.097(4)(e)(e) The period of time required to make a ruling on a variance request does not extend the compliance periods allowed under ss. NR 151.09 and 151.095.
NR 151.097 NoteNote: The department may consider decisions made by a governmental unit, in accordance with local ordinance provisions, when making its determination whether to accept or deny the variance.
NR 151.097 HistoryHistory: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02.
subch. III of ch. NR 151Subchapter III — Non-Agricultural Performance Standards
NR 151.10NR 151.10Purpose. This subchapter establishes performance standards, as authorized by s. 281.16 (2) (a), Stats., for non-agricultural facilities and practices that cause or may cause nonpoint runoff pollution. These performance standards are intended to limit nonpoint runoff pollution in order to achieve water quality standards. Design guidance and the process for developing technical standards to implement this section are set forth in subch. V.
NR 151.10 HistoryHistory: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02.
NR 151.105NR 151.105Construction site performance standard for non-permitted sites.
NR 151.105(1)(1)Applicability. Except as provided under sub. (2), this section applies to all of the following:
NR 151.105(1)(a)(a) A construction site that consists of land disturbing construction activity of less than one acre.
NR 151.105 NoteNote: Land disturbing construction sites of less than one acre are not regulated under subch. III of ch. NR 216 unless designated by the department under s. NR 216.51 (3).
NR 151.105(1)(b)(b) 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 151.105(2)(2)Exemptions. This section does not apply to the following:
NR 151.105(2)(a)(a) One- and two- family dwellings regulated by the department of safety and professional services pursuant to s. 101.653, Stats.
NR 151.105(2)(b)(b) Agricultural facilities and practices.
NR 151.105(2)(c)(c) Silviculture activities.
NR 151.105(3)(3)Responsible party. The landowner of the construction site or other person contracted or obligated by other agreement with the landowner to implement and maintain construction site BMPs is the responsible party and shall comply with this section.
NR 151.105(4)(4)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 151.105(4)(a)(a) The deposition of soil from being tracked onto streets by vehicles.
NR 151.105(4)(b)(b) The discharge of sediment from disturbed areas into on-site storm water inlets.
NR 151.105(4)(c)(c) The discharge of sediment from disturbed areas into adjacent waters of the state.
NR 151.105(4)(d)(d) The discharge of sediment from drainage ways that flow off the site.
NR 151.105(4)(e)(e) The discharge of sediment by dewatering activities.
NR 151.105(4)(f)(f) The discharge of sediment eroding from soil stockpiles existing for more than 7 days.
NR 151.105(4)(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 151.105 NoteNote: 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.