NR 151.11(3)(3) Exemptions. This section does not apply to the following: NR 151.11(3)(a)(a) 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 151.11(3)(b)(b) Transportation facilities, except transportation facility construction projects that are part of a larger common plan of development such as local roads within a residential or industrial development. NR 151.11 NoteNote: Transportation facility performance standards are given in subch. IV.
NR 151.11(3)(c)(c) Nonpoint discharges from agricultural facilities and practices. NR 151.11 NoteNote: This exemption is for nonpoint discharges from agricultural facilities and practices, such as cropping and pasturing. Subchapter III of ch. NR 216 also exempts nonpoint discharges, but regulates point source discharges of storm water, such as the construction of barns, manure storage facilities, sand settling lanes, and barnyard runoff control systems. Under s. NR 216.42 (2), such construction sites are subject to the construction performance standards of this section. NR 151.11(3)(e)(e) Routine maintenance for project sites 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 151.11(4)(4) Responsible party. The landowner or other person performing services to meet the performance standards of this subchapter, through a contract or other agreement with the landowner, is the responsible party and shall comply with this section. NR 151.11(5)(5) Plan. The responsible party under sub. (4) shall develop and implement a written plan for each construction site. The plan shall incorporate the applicable requirements of this section. NR 151.11 NoteNote: The written plan may be that specified within s. NR 216.46, the erosion control portion of a construction plan or other plan. NR 151.11(6)(6) Pre-January 1, 2011 requirements. The plan required under sub. (5) shall include the following: NR 151.11(6)(a)(a) Best management practices 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, 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 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 151.11(6)(b)(b) Notwithstanding par. (a), if BMPs cannot be designed and implemented to reduce the sediment load by 80%, on an average annual basis, the 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 151.11(6)(c)(c) Where appropriate, the plan shall include sediment controls to do all of the following to the maximum extent practicable: NR 151.11(6)(c)1.1. Prevent tracking of sediment from the construction site onto roads and other paved surfaces. NR 151.11(6)(c)3.3. Protect separate storm drain inlet structures from receiving sediment. NR 151.11(6)(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 151.11(6m)(6m) Post-January 1, 2011 requirements. The plan required under sub. (5) shall meet all of the following: NR 151.11(6m)(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 151.11(6m)(a)2.2. The discharge of sediment from disturbed areas into on-site storm water inlets. NR 151.11(6m)(a)3.3. The discharge of sediment from disturbed areas into adjacent waters of the state. NR 151.11(6m)(a)6.6. The discharge of sediment eroding from soil stockpiles existing for more than 7 days. NR 151.11(6m)(a)7.7. The discharge of sediment from erosive flows at outlets and in downstream channels. NR 151.11(6m)(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.