NR 216.46(6)(a) (a) Description of any interim and permanent stabilization practices, including a schedule for implementing the practices. The erosion control plan shall ensure that existing vegetation is preserved where attainable and that disturbed portions of the construction site are stabilized.

NR 216.46(6)(b) (b) Description of any structural practices to divert flow away from exposed soils, store flows or otherwise limit runoff and the discharge of pollutants from the construction site. Unless otherwise specifically approved in writing, structural measures shall be installed on upland soils.

NR 216.46(6)(c) (c) Management of overland flow at all areas of the construction site, unless otherwise controlled by outfall controls.

NR 216.46(6)(d) (d) Trapping of sediment in channelized flow.

NR 216.46(6)(e) (e) Staging land disturbing construction activities to limit exposed soil areas subject to erosion.

NR 216.46(6)(f) (f) Protection of downslope drainage inlets where they occur.

NR 216.46(6)(g) (g) Minimization of tracking at all vehicle and equipment entry and exit locations of the construction site.

NR 216.46(6)(h) (h) Clean up of off-site sediment deposits.

NR 216.46(6)(i) (i) Proper disposal of building and waste material.

NR 216.46(6)(j) (j) Stabilization of drainage ways.

NR 216.46(6)(k) (k) Installation of permanent stabilization practices as soon as possible after final grading.

NR 216.46(6)(L) (L) Minimization of dust to the maximum extent practicable.

NR 216.46(7) (7) Material. No solid materials, including building materials, may be discharged in violation of ch. 30 or 31, Stats., or 33 USC 1344 or an U.S. army corps of engineers section 404 permit issued under 33 USC 1344.

NR 216.46(8) (8) Non-erosive flow. Velocity dissipation devices shall be placed at discharge locations and along the length of any outfall channel as necessary to provide a non-erosive flow from the structure to a watercourse so that the natural physical and biological characteristics and functions are maintained and protected.

NR 216.46(9) (9) Inspections. The landowner, or the landowner’s representative, shall inspect erosion and sediment control practices weekly, and within 24 hours following a rainfall of 0.5 inches or greater. Written documentation of each inspection shall be maintained at the construction site and shall include the time, date and location of inspection, the phase of land disturbance at the construction site, person conducting the inspection, assessment of control practices, and a description of any erosion or sediment control measure installation or maintenance performed in response to the inspection.

NR 216.46 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; CR 21-027: am. (4) (a), cr. (4) (g) Register March 2022 No. 795, eff. 4-1-22.

NR 216.47 NR 216.47 Storm water management plan requirements. Pollution caused by storm water discharges from the construction site after construction is completed, including rooftops, parking lots, roadways and the maintenance of grassed areas, shall be addressed by a storm water management plan. A storm water management plan shall be developed prior to submitting a notice of intent to the department and shall comply with all of the following:

NR 216.47(1) (1) Performance standards. The storm water management plan shall meet the applicable performance standards in either subch. III of ch. NR 151 for construction sites that are not transportation facilities or subch. IV of ch. NR 151 for transportation facility construction sites.

NR 216.47(2) (2) Practices during construction. The plan shall include a description of the management practices that will be installed during the construction process to control total suspended solids and peak flow, enhance infiltration, maintain or restore protective areas and to reduce petroleum in runoff that will occur after construction operations have been completed. Storm water management practices shall be in accordance with applicable state and local regulations.

NR 216.47(3) (3) Groundwater limitations. When permanent infiltration systems are used, appropriate on-site testing shall be conducted to determine if seasonal high groundwater elevation or top of bedrock is within 5 feet of the bottom of the proposed infiltration system.

NR 216.47(4) (4) Separation distances. Storm water management practices shall be adequately separated from wells to prevent contamination of drinking water, and the following minimum separation distances shall be met:

NR 216.47(4)(a) (a) Storm water infiltration systems and ponds shall be located at least 400 feet from a well serving a community water system unless the department concurs that a lesser separation distance would provide adequate protection of a well from contamination.

NR 216.47(4)(b) (b) Storm water management practices shall be located with a minimum separation distance from any well serving a non-community or private water system as listed within s. NR 812.08.

NR 216.47 Note Note: Chapter NR 815, when promulgated, will regulate injection wells including storm water injection wells.

NR 216.47(5) (5) Long-term maintenance. For any permanent structures, provisions shall be made for long-term maintenance with the municipality or other responsible party. A copy of the long-term maintenance agreement shall be submitted to the department with the notice of intent unless the department agrees that it may be submitted by an alternative date prior to termination of permit coverage. The department may withhold permit coverage until the long-term maintenance agreement is submitted to the department.

NR 216.47 Note Note: There may be valid reasons that a maintenance agreement could not be secured prior to submittal of a notice of intent. However, the long-term maintenance agreement is an important requirement and the department wants to ensure that appropriate steps are being taken to secure the agreement. For regional treatment structures, the department encourages the landowner to obtain a municipal agreement for long-term maintenance of regional treatment structures. Long-term storm water management practices shall be maintained after permit termination in accordance with s. NR 216.005.

NR 216.47(6) (6) Management practices. Best management practices to control impacts from storm water runoff include infiltration systems, wet detention ponds, constructed wetlands, grassed swales, vegetative protective areas, reduced imperviousness, beneficial reuse such as irrigation or toilet flushing, combinations of these practices, or other methods which do not cause significant adverse impact on the receiving surface water or groundwater. The plan shall include an explanation of the technical basis used to select the best management practices.

NR 216.47 Note Note: Pursuant to s. NR 151.32 (2), the department maintains a list of technical standards that it has determined adequate and effective for designing best management practices to control storm water runoff. Contact the department storm water program in the Bureau of Watershed Management at [phone] to obtain a copy of this list.

NR 216.47 History History: CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04; CR 21-027: am. (1) Register March 2022 No. 795, eff. 4-1-22; correction in (1) made under s. 35.17, Stats., Register March 2022 No. 795.