NR 151.097(1)(1) The department may grant a variance to the performance standards, technical standards or other non-statutory requirements in this subchapter. NR 151.097(2)(2) The department may not grant a variance solely on the basis of economic hardship. NR 151.097(3)(3) The department may grant a variance only if all of the following conditions are met: NR 151.097(3)(a)(a) Compliance with the performance standard or technical standard is not feasible due to site conditions. This condition does not apply to research activities conducted as part of a planned agricultural research and farming curriculum. NR 151.097(3)(b)(b) The landowner or operator will implement best management practices or other corrective measures that ensure a level of pollution control that will achieve a level of water quality protection comparable to that afforded by the performance standards in this subchapter. NR 151.097(3)(c)(c) The conditions for which the variance is requested are not created by the landowner or operator or their agents or assigns. This condition does not apply to research activities conducted as part of a planned agricultural research and farming curriculum. NR 151.097(4)(4) The department shall use the following process when administering a variance request: NR 151.097(4)(a)(a) The landowner or operator shall submit the variance request to the department or governmental unit, including a county land conservation committee within 60 days of receiving the notice. NR 151.097(4)(b)(b) The governmental unit shall forward any variances that it receives to the department. The department may consider a recommendation from the governmental unit concerning acceptance of the variance request. NR 151.097(4)(c)(c) The department shall make its determination based on the factors in sub. (3). NR 151.097(4)(d)(d) The department shall notify the landowner or operator and the governmental unit of its determination. If the variance is granted, the department or governmental unit shall send to the landowner or operator an amended notice. NR 151.097(4)(e)(e) The period of time required to make a ruling on a variance request does not extend the compliance periods allowed under ss. NR 151.09 and 151.095. NR 151.097 NoteNote: The department may consider decisions made by a governmental unit, in accordance with local ordinance provisions, when making its determination whether to accept or deny the variance.
NR 151.097 HistoryHistory: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02. NR 151.10NR 151.10 Purpose. This subchapter establishes performance standards, as authorized by s. 281.16 (2) (a), Stats., for non-agricultural facilities and practices that cause or may cause nonpoint runoff pollution. These performance standards are intended to limit nonpoint runoff pollution in order to achieve water quality standards. Design guidance and the process for developing technical standards to implement this section are set forth in subch. V. NR 151.10 HistoryHistory: CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02. NR 151.105NR 151.105 Construction site performance standard for non-permitted sites. NR 151.105(1)(1) Applicability. Except as provided under sub. (2), this section applies to all of the following: NR 151.105(1)(a)(a) A construction site that consists of land disturbing construction activity of less than one acre. NR 151.105 NoteNote: Land disturbing construction sites of less than one acre are not regulated under subch. III of ch. NR 216 unless designated by the department under s. NR 216.51 (3). NR 151.105(1)(b)(b) 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 151.105(2)(2) Exemptions. This section does not apply to the following: NR 151.105(2)(a)(a) One- and two- family dwellings regulated by the department of safety and professional services pursuant to s. 101.653, Stats. NR 151.105(3)(3) Responsible party. The landowner of the construction site or other person contracted or obligated by other agreement with the landowner to implement and maintain construction site BMPs is the responsible party and shall comply with this section. NR 151.105(4)(4) Requirements. 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: