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. NR 216.21(3)(c)3.3. Final products, other than products that would be mobilized in storm water such as rock salt. NR 216.21(3)(d)1.1. This conditional exclusion from the requirement to obtain a permit under this subchapter is available on a facility-wide basis only, not for individual outfalls. If a facility has some discharges of storm water that would otherwise be “no exposure” discharges, individual permit requirements may be adjusted by the department accordingly. NR 216.21(3)(d)2.2. If circumstances change and industrial materials or activities become exposed to storm water, the conditions for this exclusion no longer apply. The discharge then becomes subject to enforcement as an unpermitted discharge. Any conditionally exempt discharger who anticipates changes in circumstances shall submit a notice of intent to the department 14 or more working days prior to the change of circumstances and in accordance with s. NR 216.22. NR 216.21 NoteNote: A facility that has claimed a condition of “no exposure” should routinely inspect its facility to verify that it continues to operate in a condition of “no exposure.”
NR 216.21(3)(d)3.3. Notwithstanding the provisions of this subsection, the department retains the authority to require permit authorization and deny this exclusion upon making a determination that the discharge causes, has a reasonable potential to cause, or contributes to an exceedence of an applicable water quality standard, including designated uses. NR 216.21(3)(e)(e) Certification. The “no exposure” certification shall include all of the following information, at a minimum, to aid the department in determining if the facility qualifies for the “no exposure” exclusion: NR 216.21(3)(e)2.2. The facility name, address, the county name where the facility is located, and the latitude and longitude where the facility is located. NR 216.21(3)(e)3.3. The certification shall indicate that none of the following materials or activities are, or will be in the foreseeable future, exposed to precipitation: NR 216.21(3)(e)3.a.a. Using, storing or cleaning industrial machinery or equipment, and areas where residuals from using, storing or cleaning industrial machinery or equipment remain and are exposed to storm water. NR 216.21(3)(e)3.b.b. Materials or residuals on the ground or in storm water inlets from spills and leaks. NR 216.21(3)(e)3.e.e. Materials or products during loading and unloading or transporting activities. NR 216.21(3)(e)3.f.f. Materials or products stored outdoors, except final products intended for outside use such as new cars, where exposure to storm water does not result in the discharge of pollutants. NR 216.21(3)(e)3.g.g. Materials contained in open, deteriorated or leaking storage drums, barrels, tanks and similar containers. NR 216.21(3)(e)3.h.h. Materials or products handled or stored on roads or railways owned or maintained by the discharger. NR 216.21(3)(e)3.j.j. Application or disposal of process wastewater unless otherwise permitted.