reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter I - Municipal Storm Water Discharge Permits › Section NR 216.09 - Individual permit reapplication

Current through June 24, 2024
In order to remain covered after the expiration date of an
					 individual permit issued under this subchapter, a permittee shall reapply to
					 the department at least 180 days prior to the expiration date of the permit for
					 continued coverage under a reissued permit. Permittees shall include the
					 elements listed in ss. NR 216.032 and 216.07(8) (j) in the reapplication. If
					 the permit is not reissued by the time the existing permit expires, the
					 existing permit remains in effect.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter I - Municipal Storm Water Discharge Permits › Section NR 216.10 - Authorized local program

Current through June 24, 2024
(1) PURPOSE. The
				  purpose of this section is to promote efficient and integrated implementation
				  and oversight of the state and municipal construction site erosion control and
				  storm water management requirements. A municipality covered under a permit
				  issued under this subchapter with an authorized local program approved by the
				  department shall review erosion and sediment control plans and
				  post-construction storm water management plans to assure compliance with both
				  local and state construction site erosion control and storm water management
				  requirements. Authorized local programs shall streamline the review process for
				  landowners and operators regulated by a municipal permittee under this
				  subchapter and by the department under subch. III. Notwithstanding an approval
				  of an authorized local program, the department retains its authority to conduct
				  site inspections and take enforcement against individual landowners and
				  operators for violations of subch. III.
(2) VOLUNTARY PARTICIPATION. Any municipality
				  subject to a permit issued under this subchapter may apply to the department
				  for approval of an authorized local program applicable to sites within the area
				  covered by the municipality's erosion and sediment control and
				  post-construction storm water ordinances.
(3) AUTHORIZED LOCAL PROGRAM APPLICATION AND
				  APPROVAL PROCESS.
(a) A municipality seeking
				  approval from the department for an authorized local program shall submit an
				  application on forms available from the department. Applications shall be
				  submitted by October 1 of the year prior to anticipated operation of an
				  authorized local program.
(b) The
				  department shall review the application and any other relevant information and
				  determine whether to authorize the local program. The department shall base its
				  decision on the applicant's ability to meet the requirements in subs. (5) and
				  (6). The department shall notify the applicant in writing of its decision. If
				  the application is denied, the department shall identify the reasons for
				  denial.
(c) Department
				  authorization of a local program shall remain effective until termination or
				  discontinuation under sub. (10).
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter II - Industrial Storm Water Discharge Permits › Section NR 216.20 - Purpose

Current through June 24, 2024
This subchapter establishes criteria for identifying
					 industrial discharges that require a WPDES storm water permit, application
					 requirements, permit requirements and permit fees, as required by s.
					 283.33,
					 Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter II - Industrial Storm Water Discharge Permits › Section NR 216.21 - Applicability and exclusions

Current through June 24, 2024
(1) POINT SOURCES.
				  This subchapter applies to point sources which discharge storm water associated
				  with industrial activity to the waters of the state, either directly or via a
				  separate storm sewer system.
(2)
				  CATEGORIES. This subchapter applies to discharges originating from the
				  industrial facilities belonging to categories identified in pars. (a) and (b).
(a) Tier 1 categories include all of the
				  following:
1. Heavy manufacturers defined by
				  their primary Standard Industrial Classification (SIC) Code, which represents
				  the primary income-producing activity at the facility, listed in Table 1:
Table 1 Tier 1 Heavy Manufacturers
SIC
Description
2400-2499
Lumber &Wood Products
2600-2699
Paper & Allied Products
2800-2899
Chemicals & Allied Products
2900-2999
Petroleum Refining &Related
								  Industries
3110-3119
Leather Tanning & Finishing
3200-3299
Stone, Clay, Glass & Concrete
								  Products
3300-3399
Primary Metal Industries
3441
Fabricated Structural Metal
3730-3739
Ship & Boat Bldg. & Repair
Note:
Facilities in SIC Codes 2434, 2650-2659,
					 2670-2679, 2830-2839, 2850-2859, 2951, 3230-3239, 3271-3273 are included in s.
					 NR 216.21(2)(b).
2.
				  Facilities involved in the recycling of materials such as metal scrap yards,
				  battery reclaimers, salvage yards and automobile junk yards, including those
				  classified in SIC Codes 5015 and 5093.
3. Facilities with bulk storage piles for
				  coal, metallic and non-metallic minerals and ores, and scrap not otherwise
				  covered under this subchapter, such as those associated with freight
				  transportation, SIC Code 4400-4499, and wholesale trade, SIC Code
				  5052.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter II - Industrial Storm Water Discharge Permits › Section NR 216.22 - Application requirements

Current through June 24, 2024
(1) APPLICABILITY.
				  The owner or operator of a facility type listed in s.
				  NR
				  216.21(2) shall apply for a storm
				  water discharge permit unless the owner or operator is eligible for and has
				  submitted a conditional "no exposure" certification in accordance with s.
				  NR
				  216.21(3).
(2) DATE OF APPLICATION. Persons proposing to
				  discharge storm water shall submit a notice of intent to the department as
				  follows:
(a) For proposed facilities that will
				  undergo one or more acres of land disturbing construction activities as part of
				  their construction, at least 14 working days prior to initiating land
				  disturbing construction activities at the site.
Note:
This submittal timeline is consistent
					 with the requirement to develop erosion control and storm water management
					 plans and submit a notice of intent under subch. III.
(b) For all other facilities, at least 14
				  working days prior to initiating industrial operations.
Note:
Where an existing facility is covered
					 under a storm water discharge permit, permit coverage may be transferred to a
					 new owner in accordance with s.
					 NR
					 216.31.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter II - Industrial Storm Water Discharge Permits › Section NR 216.23 - Permit coverage

Current through June 24, 2024
(1) TIER 1 GENERAL PERMIT. The department may
				  issue a statewide general permit to cover all tier 1 type storm water
				  discharges where the discharges are not covered by an industry-specific general
				  permit issued pursuant to s.
				  NR
				  216.24, or by an individual permit issued pursuant to
				  s.
				  283.31
				  or
				  283.33,
				  Stats.
(2) TIER 2 GENERAL PERMIT.
				  The department may issue a statewide general permit to cover all tier 2 type
				  storm water discharges where the discharges are not covered by an
				  industry-specific general permit issued pursuant to s.
				  NR
				  216.24, or by an individual permit issued pursuant to
				  s.
				  283.31
				  or
				  283.33,
				  Stats.
(3) CHANGING TO TIER 2.
(a) A permittee covered by a tier 1 general
				  industrial storm water discharge permit issued under this section, or a permit
				  issued under s.
				  NR
				  216.24, may request that the department consider
				  converting the permittee's coverage to a tier 2 general industrial storm water
				  discharge permit if all of the following occur:
1. The process or operation is managed so
				  that no storm water is contaminated with any of the pollutants identified in s.
				  NR 216.27(3)
				  (j).
2. The permittee certifies that there is no
				  unauthorized discharge at the outfall.
3. The permittee has completed a minimum of 3
				  years of industrial activity under a SWPPP, with no confirmed problems
				  identified by public complaint or the annual facility site compliance
				  inspection reports required under s.
				  NR
				  216.29(2).
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter II - Industrial Storm Water Discharge Permits › Section NR 216.24 - Industry-specific general permits

Current through June 24, 2024
(1)
				  INDUSTRY-SPECIFIC PERMITS. In addition to statewide general permits issued
				  under s.
				  NR
				  216.23(1) or (2), the department may
				  issue industry-specific general storm water discharge permits to one or more
				  categories of industries identified in s.
				  NR
				  216.21(2).
(2) REQUIREMENTS. Industry-specific general
				  industrial storm water discharge permits shall differ from the statewide storm
				  water general permits by factoring in characteristics common to the industry
				  including the characteristic that requirements of the permit may contain phased
				  source area control compliance schedules.
(3) COOPERATIVE COMPLIANCE PROGRAM.
(a) The department may allow a permittee to
				  participate in a program to assist the facility with maintaining compliance
				  with an industry-specific permit. The department may waive certain requirements
				  of this subchapter via permit in exchange for alternative requirements such as
				  mandatory education and a facility inspection program that the department finds
				  to be equivalent or more effective at controlling pollution from storm water
				  runoff.
(b) The department may
				  terminate a cooperative compliance program if it finds that the program is
				  ineffective.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter II - Industrial Storm Water Discharge Permits › Section NR 216.25 - Individual permit

Current through June 24, 2024
(1) PERMIT REQUIREMENTS. Requirements of an
				  individual WPDES permit issued under s.
				  283.31
				  or
				  283.33,
				  Stats., shall be consistent with similar requirements in general storm water
				  discharge permits, except where the department determines that more stringent
				  requirements are necessary to meet a performance standard of ch. NR 151 or a
				  water quality standard. The department may require that specific source area
				  controls be used as a requirement of an individual permit.
(2) EFFLUENT LIMITATIONS. A facility covered
				  by an individual WPDES storm water permit under s.
				  283.33(1)
				  (d), Stats., may be subject to an effluent
				  limitation for a point source discharge, as defined in s.
				  283.01(6),
				  Stats., for storm water discharge.
(3) INDIVIDUAL PERMIT COVERAGE. If it
				  determines that one or more of the following conditions are met, the department
				  may require that a storm water discharge be covered by an individual WPDES
				  permit under s.
				  283.31
				  or
				  283.33,
				  Stats.:
(a) The storm water discharge is a
				  significant source of pollution and more appropriately regulated by an
				  individual WPDES storm water permit.
(b) The storm water discharger is not in
				  compliance with the terms and conditions of this chapter, or a general storm
				  water discharge permit issued under this subchapter.
(c) Effluent limitations or standards are
				  promulgated for a storm water discharge.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter II - Industrial Storm Water Discharge Permits › Section NR 216.28 - Monitoring requirements

Current through June 24, 2024
(1) NON-STORM WATER
				  DISCHARGES. The permittee shall evaluate all outfalls for non-storm water
				  discharges into the storm drainage system beginning in the first year of permit
				  coverage. Evaluations shall take place during dry periods. The following are
				  additional requirements for evaluating non-storm water discharges:
(a) Any monitoring shall be representative of
				  non-storm water discharges from the facility.
(b) One of the following monitoring
				  procedures shall be followed:
1. End of pipe
				  screening shall consist of visual observations made at least twice per year at
				  each outfall of the storm sewer collection system. Observations shall be made
				  at times when non-storm water discharges from the facility are considered most
				  likely to occur. Instances of dry weather flow, stains, sludges, color, odor or
				  other indications of a non-storm water discharge shall be recorded;
				  or
2. A detailed testing of the
				  storm sewer collection system may be performed. Testing methods include dye
				  testing, smoke testing or video camera observation. Should the permittee use
				  detailed testing as an alternative, the department shall require a re-test
				  after 5 years or a lesser period as deemed necessary by the
				  department.
(c) All
				  permitted facilities shall maintain the results of their non-storm water
				  evaluations on site. Facilities shall report the results of the initial
				  non-storm water evaluations to the department within the SWPPP summary form
				  required pursuant to s.
				  NR 216.29(1)
				  (e). Information reported shall include date
				  of testing, test method, outfall location, testing results and potential
				  significant sources of non-storm water discovered through testing.
Note:
The department storm water pollution
					 prevention summary Form 3400-167 contains a table for recording the results of
					 the non-storm water discharge evaluations.
(d) Any permittee unable to evaluate outfalls
				  for non-storm water discharges shall sign a statement certifying that this
				  requirement could not be complied with, and include a copy of the statement in
				  the SWPPP. The statement shall be submitted to the department.
(e) If a permittee identifies an unauthorized
				  discharge of pollutants, the permittee shall immediately cease the discharge
				  and contact the department to determine if a permit is required under s.
				  283.31
				  or
				  283.35,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter II - Industrial Storm Water Discharge Permits › Section NR 216.29 - Compliance and reporting requirements

Current through June 24, 2024
(1) REQUIREMENTS.
				  Facilities covered by permits issued under s.
				  NR
				  216.23(1) or (2) are subject to the
				  following requirements:
(a) Owners or
				  operators of proposed facilities that will have one acre or more of land
				  disturbing construction activities as part of their construction, shall develop
				  a SWPPP and submit either the SWPPP or a SWPPP summary to the department at
				  least 14 working days prior to initiating land disturbing construction
				  activities at the site or submit a no exposure certification to the department
				  under s.
				  NR
				  216.21(3).
Note:
This timeline is consistent with the
					 requirement to develop erosion control and storm water management plans and
					 submit a notice of intent under subch. III.
(b) Owners or operators of other facilities
				  shall develop a SWPPP and submit either the SWPPP or a SWPPP summary to the
				  department prior to initiating industrial operations.
(c) The SWPPP shall conform to the
				  requirements specified in s.
				  NR
				  216.27(3).
(d) The SWPPP shall be kept at the facility
				  and made available to the department upon request.
(e) The SWPPP summary shall be submitted on a
				  standardized department form as specified under s. NR 216.006.
(f) The department shall notify the permittee
				  if it determines that the SWPPP summary is inadequate and may require the
				  permittee to submit the SWPPP for review.
(g) The SWPPP summary shall include the
				  results of the non-storm water discharge evaluations required under s.
				  NR
				  216.28(1) and shall indicate whether
				  the SWPPP includes a storm water treatment practice. If a SWPPP includes a
				  storm water treatment practice, the department may require the submittal of
				  plans and specifications for the storm water treatment practice for review and
				  approval pursuant to s.
				  281.41(1),
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter II - Industrial Storm Water Discharge Permits › Section NR 216.30 - Permit fees

Current through June 24, 2024
(1) A storm water discharge permit fee shall
				  be paid annually by each industrial facility covered by or holding a permit
				  under this subchapter or a wastewater discharge permit that incorporates storm
				  water management requirements under this chapter. Permit fees are due June 30
				  of each year. The fee shall be either:
(a)
				  $260 for coverage under a tier 1 general industrial storm water discharge
				  permit under s.
				  NR 216.21(2)
				  (a), an industry-specific general industrial
				  storm water discharge permit under s.
				  NR
				  216.24 with tier 1 requirements, or an individual
				  WPDES permit under s.
				  283.31,
				  Stats., with tier 1 requirements,
(b) $130 for coverage under a tier 2 general
				  industrial storm water discharge permit under s.
				  NR 216.21(2)
				  (b), an industry-specific general industrial
				  storm water discharge permit under s.
				  NR
				  216.24 or an individual WPDES permit under s.
				  283.31,
				  Stats., with tier 2 requirements, or
(c) $500 for coverage under an individual
				  WPDES storm water permit issued under s.
				  283.33(1),
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter II - Industrial Storm Water Discharge Permits › Section NR 216.31 - Permit coverage transfers

Current through June 24, 2024
A permittee who will no longer control the permitted
					 industrial facility may request that permit coverage be transferred to the
					 person who will control the industrial facility. The transfer request shall be
					 completed on forms provided by the department as specified under s. NR 216.006
					 and signed by both the permittee and the new owner or operator. If the
					 permittee's signature cannot be obtained, the new owner or operator shall apply
					 for coverage as specified under s.
					 NR
					 216.22. The department may require additional
					 information including a notice of intent to be filed prior to transferring
					 permit coverage. Coverage is not transferred until the department sends
					 notification of transfer approval to the new owner or
					 operator.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter II - Industrial Storm Water Discharge Permits › Section NR 216.32 - Permit termination

Current through June 24, 2024
(1) If the owner or operator of a facility no
				  longer claims coverage under any general or individual permit for the discharge
				  of storm water from industrial activity under this subchapter, the permittee
				  shall submit a signed notice of termination to the department.
(2) A notice of termination shall be
				  submitted on forms available from the department as specified under s. NR
				  216.006. Data submitted in the notice of termination forms shall be used as a
				  basis for terminating coverage under this subchapter.
(3) The notice of termination form shall be
				  signed in accordance with the signature requirements in s.
				  NR
				  216.22(7).
(4) Termination of coverage under this
				  subchapter shall be effective upon receipt of written confirmation from the
				  department by the permittee.
The notice of termination form is available from the
						department website at http://dnr.wi.gov/topic/stormwater/industrial/forms.html
						or by calling 1-888-936-7463.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter III - Construction Site Storm Water Discharge Permits › Section NR 216.41 - Purpose

Current through June 24, 2024
The purpose of this subchapter is to establish criteria
					 defining those construction site activities that constitute discharges needing
					 a WPDES storm water permit for landowners of construction sites that require
					 coverage under a WPDES permit for storm water discharges; and the requirements
					 for filing a WPDES permit application for a construction site, as required by
					 s.
					 283.33,
					 Stats.; to prescribe the form of the WPDES permit application pursuant to s.
					 283.37,
					 Stats.; to specify the number of working days within which the department will
					 indicate its intended action on a WPDES permit application or request for
					 modification, pursuant to s.
					 227.116(1r),
					 Stats.; and to specify the erosion control and storm water management that is
					 required at construction sites regulated under this
					 subchapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter III - Construction Site Storm Water Discharge Permits › Section NR 216.42 - Applicability

Current through June 24, 2024
(1) CONSTRUCTION SITES OF ONE ACRE OR MORE OF
				  LAND DISTURBANCE. Except as provided in subs. (2) to (11), a notice of intent
				  shall be filed with the department under s.
				  NR
				  216.43 or to the department via an authorized local
				  program under s. NR 216.10 by any landowner who intends to create a point
				  source discharge of storm water from a construction site to waters of the
				  state. The landowner of the construction site regulated by this subchapter
				  shall comply with all applicable provisions of this subchapter and the
				  appropriate WPDES permit issued pursuant to this subchapter.
Note:
Disturbances less than one acre may
					 require a permit if the disturbances are part of a common plan of development
					 with one acre or more of total land disturbance as described in s.
					 NR
					 216.002(2).
(2) AGRICULTURE.
(a) Storm water discharges associated with
				  planting, growing, cultivating, or harvesting crops for use or consumption by
				  humans, livestock as defined in s.
				  95.80(1)
				  (b), Stats., or poultry, including sod farms
				  and tree nurseries are not regulated by this subchapter.
(b) Storm water discharges associated with
				  pasturing or yarding livestock, as defined in s.
				  95.80(1)
				  (b), Stats., or poultry are not regulated by
				  this subchapter.
(c) The exemptions
				  under pars. (a) and (b) do not apply to the construction of barns, manure
				  storage facilities, barnyard runoff control systems, or other similar
				  structures.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter III - Construction Site Storm Water Discharge Permits › Section NR 216.43 - Notice of intent requirements

Current through June 24, 2024
(1) FORMS. The
				  landowner shall submit a notice of intent to the department on forms available
				  from the department as specified under s. NR 216.006. Data submitted in the
				  notice of intent forms shall be used as a basis for conferring coverage under a
				  WPDES storm water permit.
Note:
The notice of intent form is available
					 from the department website at
					 http://dnr.wi.gov/topic/Stormwater/construction/forms.html or by calling
					 1-888-936-7463.
(2)
				  APPLICATION FEE. A storm water construction site application fee defined by
				  Table 5 shall be submitted to the department with the notice of intent.
Table 5
Acres of Land Disturbance
Application Fee before January 1,
								  2023
Application Fee after January 1,
								  2023
Less than 2
$140
$250
2 or more and less than 5
$140
$350
5 or more and less than 25
$235
$550
25 or greater
$350
$800
(3)
				  SIGNATURE REQUIREMENTS. The notice of intent form shall be signed by the
				  landowner as follows:
(a) In the case of a
				  corporation, by a principal executive officer of at least the level of vice
				  president or by the officer's authorized representative having overall
				  responsibility for the operation of the site for which a permit is
				  sought.
(b) In the case of a
				  limited liability company, by a member or manager.
(c) In the case of a partnership, by a
				  general partner.
(d) In the case of
				  a sole proprietorship, by the proprietor.
(e) For a unit of government, by a principal
				  executive officer, ranking elected official or other duly authorized
				  representative.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter III - Construction Site Storm Water Discharge Permits › Section NR 216.44 - Notice of intent deadline

Current through June 24, 2024
(1) Except as
				  provided under sub. (3), a landowner required to obtain WPDES permit coverage
				  for storm water discharges from a construction site shall submit a completed
				  notice of intent, in accordance with the requirements of this subchapter and as
				  specified under s. NR 216.006. The notice of intent shall be submitted so that
				  it is received by the department at least 14 working days prior to the
				  commencement of any land disturbing construction activities. Unless notified by
				  the department to the contrary, a landowner who has submitted a notice of
				  intent in accordance with the provisions of this subchapter is authorized to
				  discharge storm water from a construction site under the terms and conditions
				  of the general construction site storm water discharge permit 14 working days
				  after the date that the department receives the notice of intent or upon
				  receipt of notification from the department that the construction site is
				  covered under the general construction site discharge permit. The landowner
				  becomes the permittee once the construction site is authorized permit
				  coverage.
(2) A site-specific
				  erosion control and storm water management plan pursuant to ss.
				  NR
				  216.46 and 216.47 shall be completed by the landowner
				  prior to submitting the notice of intent to the department under sub.
(1) and shall be updated as appropriate
				  pursuant to s.
				  NR
				  216.50. The erosion control and storm water management
				  plans shall be submitted to the department upon request so that it may evaluate
				  whether the plans comply with ss.
				  NR
				  216.46 and 216.47. The department may withhold permit
				  coverage as necessary until it verifies that the plans comply with ss.
				  NR
				  216.46 and 216.47.
Note:
The department encourages landowners and
					 their representatives to consult with the department's regional storm water
					 staff prior to local plan approval on the conceptual plans for erosion control
					 and storm water management. Contact information for department regional storm
					 water staff is available from the department website at
					 http://dnr.wi.gov/topic/stormwater/contacts.html or by contacting the storm
					 water program in the bureau of watershed management at (608)
					 267-7694.
(3) If the
				  construction site is located in an area regulated by an authorized local
				  program under s. NR 216.10, the landowner shall apply for storm water discharge
				  approval jointly to the department and the authorized local program.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter III - Construction Site Storm Water Discharge Permits › Section NR 216.45 - Incomplete notice of intent and time limit for department decision

Current through June 24, 2024
(1) Within 14
				  working days after the date the department receives the notice of intent, the
				  department may require an applicant to submit data that the department has
				  identified as being necessary to complete any deficient notice of intent or may
				  require the applicant to submit a complete new notice of intent when the
				  deficiencies are extensive or the appropriate form has not been used.
(2) The department shall refund to the
				  applicant the stormwater construction site storm water discharge permit
				  application fee paid under s.
				  NR
				  216.43(2) if the department does not
				  make a determination on the permit application within 45 business days of
				  receipt of the information required under sub. (1). In this subsection,
				  "business day" means any day except Saturday, Sunday and state holidays as
				  designated in s.
				  230.35(4)
				  (a), Stats. This subsection does not apply to
				  permit applications related to mining, as defined in s.
				  293.01(9),
				  Stats., prospecting, as defined in s.
				  293.01(18),
				  Stats., or nonmetallic mining, as defined in s.
				  295.11(3),
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter III - Construction Site Storm Water Discharge Permits › Section NR 216.455 - Proof of permit coverage

Current through June 24, 2024
(1) A copy of the
				  permit issued under this subchapter and the letter of permit coverage
				  documenting that storm water discharges from the site are covered under a
				  construction site storm water discharge permit shall be kept with building
				  plans on the construction site and with the landowner.
(2) The permittee shall post a copy of the
				  permit certificate near each main entrance to the construction site in a
				  location where it is legible from a public right-of-way. The permittee shall
				  provide sufficient weather protection to avoid the certificate from becoming
				  unreadable. The department, or an authorized local program under s. NR 216.10,
				  shall include the permit certificate with the letter of permit
				  coverage.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter III - Construction Site Storm Water Discharge Permits › Section NR 216.456 - Responsible parties

Current through June 24, 2024
(1) The permittee or landowner required to
				  submit a notice of intent under this subchapter is responsible for complying
				  with this subchapter.
(2) An
				  operator shall comply with this subchapter where the operator has a contract or
				  other agreement with the landowner to meet the requirement.
General contractors, landscape architects, project
						designers and inspectors are responsible for the particular services that they
						provide to a landowner to comply with the requirements of this subchapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter III - Construction Site Storm Water Discharge Permits › Section NR 216.47 - Storm water management plan requirements

Current through June 24, 2024
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:
(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.
(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.
(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.
(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:
(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.
(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.
Note:
Chapter
					 NR 815, when promulgated, will
					 regulate injection wells including storm water injection
					 wells.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter III - Construction Site Storm Water Discharge Permits › Section NR 216.48 - Reporting and monitoring requirements

Current through June 24, 2024
(1) RECORDS. The
				  permittee or landowner required to submit a notice of intent under this
				  subchapter shall retain records of all construction site inspections, copies of
				  all reports and plans required by the permit, and records of all data used to
				  obtain coverage under the permit. Minimum periods of retention are as follows:
(a) The erosion control and storm water
				  management plans and amendments to the erosion control and storm water
				  management plans shall be retained at the construction site until permit
				  coverage is terminated in accordance with s.
				  NR
				  216.55.
(b) All reports required by this subchapter
				  or information submitted to obtain permit coverage under this subchapter,
				  including the erosion control and storm water management plans, amendments and
				  background information used in their preparation, shall be kept for a period of
				  at least 3 years from the date of notice of termination.
Note:
The storm water management plan and
					 long-term maintenance agreement should be kept as long as necessary to document
					 proper maintenance of long-term storm water best management practices in
					 accordance with subchs. III and IV of ch. NR 151.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter III - Construction Site Storm Water Discharge Permits › Section NR 216.49 - Conformance with other applicable regulations

Current through June 24, 2024
(1) LOCAL
				  COMPLIANCE. The erosion control and storm water management plans shall document
				  other applicable municipal regulatory provisions, compliance with which will
				  also meet the requirements of the permit. If these municipal provisions are
				  more stringent than those provisions appearing in a permit issued pursuant to
				  this subchapter, the erosion control and storm water management plans shall
				  include a description of how compliance with the municipal provisions will be
				  achieved.
(2) PLUMBING REGULATIONS.
				  The erosion control and storm water plans shall be in compliance with
				  applicable state plumbing regulations.
Note:
Plumbing regulations are contained
					 within chs.
					 SPS
					 381 to 387.
(3) IMPAIRED WATERS. For any of the receiving
				  waters designated as an impaired water, the erosion control plan required under
				  s.
				  NR
				  216.46 and the storm water management plan required
				  under s.
				  NR
				  216.47 shall contain a written assessment of the
				  potential for storm water from the facility to discharge a pollutant of concern
				  and identify the control measures and maintenance practices that will
				  collectively be used to reduce, with the goal of eliminating, storm water
				  discharge containing pollutants of concern.
(4) TMDL. If the permittee is subject to an
				  US EPA-approved TMDL, the erosion control plan required under s.
				  NR
				  216.46 and the storm water management plan required
				  under s.
				  NR
				  216.47 shall specify the pollution prevention and
				  treatment systems that will be employed to achieve the TMDL permit
				  requirements.
Plumbing regulations are contained within chs.
						SPS
						381 to 387.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter III - Construction Site Storm Water Discharge Permits › Section NR 216.50 - Amendments

Current through June 24, 2024
(1) LANDOWNER INITIATED. The permittee or
				  landowner required to submit a notice of intent under this subchapter shall
				  amend the erosion control and storm water management plans if either of the
				  following occurs:
(a) There is a change in
				  design, construction, operation or maintenance at the construction site which
				  has the reasonable potential for the discharge of pollutants and which has not
				  otherwise been addressed in the erosion control and storm water management
				  plans. Changes that may trigger an amendment include addition of access points,
				  additional land disturbing construction activity not included in the original
				  plan, a change or elimination of a best management practice, an increase in
				  proposed impervious area, and changes to post-construction site treatment
				  practices. The department may require a permittee to file a new notice of
				  intent if the amended site requires resource screening of additional area or
				  the amended site no longer meets an exemption from post-construction
				  performance standards under ss.
				  NR
				  151.121 to 151.125.
(b) The actions required by the plan fail to
				  reduce the impacts of pollutants carried by storm water runoff.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter III - Construction Site Storm Water Discharge Permits › Section NR 216.51 - Department actions

Current through June 24, 2024
(1) INADEQUATE PLANS. The department may
				  notify the permittee or landowner required to submit a notice of intent under
				  this subchapter at any time that the erosion control or storm water management
				  plans do not meet one or more of the requirements of this subchapter, or a
				  permit issued pursuant to this subchapter, for reducing and preventing the
				  discharge of pollutants. The notification shall identify those provisions that
				  are not being met by the erosion control or storm water management plan, and
				  identify which provisions of the plan require modifications in order to meet
				  the requirements.
(2) REQUIRED PLAN
				  REVISIONS. Within the time frame identified by the department in its
				  notification, the permittee or landowner required to submit a notice of intent
				  under this subchapter shall make the required changes to the erosion control
				  and storm water management plans, perform all actions required by the revised
				  plans, and submit to the department a written certification that the requested
				  changes have been made and implemented, and submit other information the
				  department requires. The department may revoke construction site storm water
				  discharge permit coverage for failure to comply with this section or take
				  action under s.
				  283.89, Stats. The
				  landowner of a construction site where the department has revoked coverage
				  under the general WPDES permit may not discharge storm water to waters of the
				  state from the construction site unless an individual WPDES permit for storm
				  water discharge is issued to the landowner.
(3) OTHER STORM WATER DISCHARGES. The
				  department may require the landowner of any storm water discharge associated
				  with land disturbing construction activity to apply for and obtain a storm
				  water discharge permit if the storm water discharge is either:
(a) Contributing to the violation of a water
				  quality standard, or
(b)
				  Contributing significant pollution to waters of the state.
Note:
This subsection allows the department
					 to require permit coverage of construction sites with less than one acre of
					 land disturbance.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter III - Construction Site Storm Water Discharge Permits › Section NR 216.52 - Use of information

Current through June 24, 2024
All information contained in the notice of intent other
					 than that specified as confidential shall be available to the public for
					 inspection and copying. All confidential information, so identified, shall be
					 in separate documents. Effluent data is not confidential information.
					 Confidential treatment will be considered only for that information identified
					 as confidential in documents separate from non-confidential information and
					 which meets the requirements of s.
					 283.55(2)
					 (c), Stats., and for which written
					 application for confidentiality has been made pursuant to s.
					 NR
					 2.19.
Wisconsin Administrative Code › Department of Natural Resources › NR 200-299 - Environmental Protection - Wisconsin Pollutant Discharge Elimination System › Chapter NR 216 - Storm Water Discharge Permits › Subchapter III - Construction Site Storm Water Discharge Permits › Section NR 216.54 - Transfers

Current through June 24, 2024
A landowner who has submitted a completed notice of intent
					 and does not intend to control the permitted activities on the construction
					 site may transfer authorization of construction site storm water discharge
					 permit coverage to the person who will control the permitted activities. The
					 transfer request shall be completed on forms provided by the department as
					 specified under s. NR 216.006 and signed by both the current permittee and the
					 proposed permittee. Coverage is not transferred until the department sends
					 notification of transfer approval to the new permittee. The department may
					 require additional information to be filed prior to granting coverage under the
					 general WPDES permit. The department may, if appropriate, require an
					 application for an individual WPDES storm water permit.