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. NR 151.11(6m)(a)9.9. The transport by runoff into waters of the state of untreated wash water from vehicle and wheel washing. NR 151.11 NoteNote: Wastewaters, such as from concrete truck washout, needs 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 wastewater specialist should be contacted to determine if wastewater permit coverage is needed where wastewater will be discharged to waters of the state.
NR 151.11(6m)(b)(b) Sediment performance standards. In addition to the erosion and sediment control practices under par. (a), the following erosion and sediment control practices shall be employed: NR 151.11(6m)(b)1.1. For construction sites for which the department received a notice of intent for the construction project in accordance with subch. III of ch. NR 216, within 2 years after January 1, 2011, BMPs that, by design, achieve a reduction of 80 percent, or to the maximum extent practicable, 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. NR 151.11(6m)(b)2.2. For construction sites for which the department received a notice of intent for the construction project in accordance with subch. III of ch. NR 216, 2 years or more after January 1, 2011, BMPs that, by design, discharge no more than 5 tons per acre per year, or to the maximum extent practicable, of the sediment load carried in runoff from initial grading to final stabilization. NR 151.11(6m)(b)3.3. The department may not require any person to employ more BMPs than are needed to meet a performance standard in order to comply with maximum extent practicable. Erosion and sediment control BMPs may be combined to meet the requirements of this paragraph. The department may give credit toward meeting the sediment performance standard of this paragraph for limiting the duration or area, or both, of land disturbing construction activity, or for other appropriate mechanisms. NR 151.11(6m)(b)4.4. Notwithstanding subd. 1. or 2., if BMPs cannot be designed and implemented to meet the sediment performance standard, the plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable. NR 151.11 NoteNote: The department of natural resources has developed guidance document no. 3800-2017-03 to assist with compliance with the 5 tons per acre sediment performance standard.
NR 151.11 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.
NR 151.11(6m)(c)(c) Preventive measures. The plan shall incorporate all of the following: NR 151.11(6m)(c)1.1. Maintenance of existing vegetation, especially adjacent to surface waters whenever possible. NR 151.11(6m)(c)3.3. Minimization of land disturbing construction activity on slopes of 20% or more. NR 151.11(7)(7) Location. BMPs shall be located so that treatment occurs before runoff enters waters of the state. NR 151.11 NoteNote: While regional treatment facilities are appropriate for control of post-construction pollutants they should not be used for construction site sediment removal.
NR 151.11(8)(8) Implementation. The BMPs used to comply with this section shall be implemented as follows: NR 151.11(8)(a)(a) Erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin in accordance with the plan developed under sub. (5). NR 151.11(8)(b)(b) Erosion and sediment control practices shall be maintained until final stabilization. NR 151.11(8)(c)(c) Final stabilization activity shall commence when land disturbing activities cease and final grade has been reached on any portion of the site. NR 151.11(8)(d)(d) Temporary stabilization activity shall commence when land disturbing construction activities have temporarily ceased and will not resume for a period exceeding 14 calendar days. NR 151.11(8)(e)(e) BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party. NR 151.11 HistoryHistory: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (title), (1), (2), (4), (5), (6) (title), (7), cr. (6m), (8) Register December 2010 No. 660, eff. 1-1-11; correction in (2) (a) 2. made under s. 13.93 (4) (b) 7., Stats., Register February 2012 No. 674. NR 151.12NR 151.12 Post-construction performance standard for new development and redevelopment. NR 151.12(1)(a)(a) “Post-construction site” means a construction site subject to regulation under this subchapter, after construction is completed and final stabilization has occurred.