NR 216.21(2)(b)2.2. Transportation facilities defined by Table 3 that have vehicle maintenance shops, equipment cleaning operations or airport de-icing operations. This subchapter only applies to those portions of these facilities that are involved in vehicle maintenance including rehabilitation, mechanical repairs, painting, fueling, lubrication and associated parking areas, involved in cleaning operations or de-icing operations, or that are listed as source areas under s. NR 216.27 (3) (e): NR 216.21 NoteNote: Facilities in SIC Codes 4221, 4222 and 4225 are included in s. NR 216.21 (2) (b) 1. NR 216.21(2)(b)3.a.a. Facilities defined by Table 4, including active and inactive mining operations and oil and gas exploration, production, processing or treatment operations or transmission facilities. This subchapter only applies where storm water runoff has come into contact with any overburden, raw material, intermediate product, finished product, by-product or waste material located on the site of the operations. NR 216.21(2)(b)3.b.b. This subchapter does not apply to non-coal mining operations which have been released from applicable state or federal reclamation requirements after December 17, 1990; nor to coal mining operations released from the performance bond issued to the facility by the appropriate surface mining control and reclamation act authority under 30 USC 1201 et seq. and 16 USC 470 et seq. Production, processing or treatment operations or transmission facilities associated with oil and gas extraction are included only if there has been a discharge of storm water containing a quantity of a pollutant reportable pursuant to 40 CFR 110.64, 40 CFR 117.21 or 40 CFR 302.6, or if a storm water discharge contributed to a violation of a water quality standard. NR 216.21(2)(b)4.4. Facilities subject to storm water effluent limitation guidelines, new or existing source performance standards or toxic pollutant effluent standards under 33 USC 1251, 1311, 1314(b) and (c), 1316(b) and (c), 1317(b) and (c), 1326(c), except those facilities classified as a Tier 1 pursuant to sub. (2) (a). NR 216.21(2)(b)5.5. Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage, treatment, recycling and reclamation of municipal or domestic sewage, including lands dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of one million gallons per day or more, or required to have an approved pretreatment program. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with 33 USC 1345. NR 216.21(2)(b)6.6. Hazardous waste treatment, storage and disposal facilities, including those operating under a license under s. 291.25, Stats. NR 216.21(2)(b)7.7. Landfills, land application sites and open dumps that receive or have received any industrial waste from any of the facilities identified in this section, including those subject to regulation under subtitle D of the resource conservation and recovery act, 42 USC 6901 et seq., or ch. 289, Stats. For the purposes of this subdivision, “industrial waste” means a disposed material generated by any of the facilities identified in this section including construction and demolition waste from a construction site regulated under subch. III. The term does not include placement of recycled material used during construction. NR 216.21(2)(b)8.8. All steam electric power generating facilities, including coal handling sites but not including off-site transformer or electric substations. NR 216.21(2)(b)9.9. Facilities described in SIC code 2951 for asphalt paving mixes and block, and facilities described in SIC codes 3271, 3272 and 3273 for cement products. NR 216.21(2)(b)11.11. Discharges determined by the department to be significant contributors of pollutants to waters of the state. NR 216.21(3)(a)(a) Discharges composed entirely of storm water are not storm water discharges associated with industrial activity if there is no exposure of industrial materials and activities to storm water, and the discharger satisfies the conditions in pars. (b) to (e). “No exposure” means that all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to storm water. Industrial materials or activities include material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products or waste products. Material handling activities include the storage, loading and unloading, transportation or conveyance of any raw material, intermediate product, final product or waste product. NR 216.21(3)(b)(b) Qualification. To qualify for this exclusion, the operator of the discharge shall do all of the following: NR 216.21(3)(b)1.1. Provide a storm resistant shelter to protect industrial materials and activities from exposure to storm water. NR 216.21(3)(b)2.2. Complete and sign, in accordance with s. NR 216.22 (7), a certification that there are no discharges of storm water contaminated by exposure to industrial materials and activities from the entire facility, except as provided in par. (c). NR 216.21(3)(b)3.3. Submit an initial “no exposure” certification to the department at least 14 working days prior to the start of industrial operations on a form available from the department as specified under s. NR 216.006. NR 216.21(3)(b)4.4. Submit the signed certification to the department once every 5 years. NR 216.21(3)(b)5.5. Allow the department to inspect the facility to determine compliance with the “no exposure” conditions. NR 216.21(3)(b)6.6. Allow the department to make any “no exposure” inspection reports available to the public upon request. NR 216.21(3)(b)7.7. For facilities that discharge through an MS4, upon request, submit a copy of the certification of “no exposure” to the MS4 operator, as well as allow inspection and public reporting by the MS4 operator. NR 216.21(3)(c)(c) Industrial materials and activities not requiring storm resistant shelter. To qualify for this exclusion, storm resistant shelter is not required for any of the following: NR 216.21(3)(c)1.1. Drums, barrels, tanks and similar containers that are tightly sealed, provided those containers are not deteriorated and do not leak. “Sealed” means banded or otherwise secured and without operational taps or valves.
