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 216.30NR 216.30 Permit fees.

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 216.31NR 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 216.32NR 216.32 Permit termination.

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 NoteNote: The notice of termination form is available from the department website at http://dnr.wi.gov/topic/stormwater/industrial/forms.html or by calling 1-888-936-7463.

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 216.42NR 216.42 Applicability.

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.