Wis. Admin. Code NR § 216.29

Current through April 29, 2024
Section NR 216.29 - Compliance and reporting requirements
(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.
(2) ANNUAL SITE INSPECTION. The first annual facility site compliance inspection shall be conducted by the permittee within 12 months of the effective date of coverage under the general permit. Facilities covered under a tier 1 permit shall submit their first inspection report to the department within 18 months of the effective date of coverage under the permit and the second inspection report within 30 months of the effective date of permit coverage. The report shall be written on department forms, and shall contain information from the inspection, the quarterly visual inspection and the annual chemical monitoring. Facilities covered under the tier 2 permit shall keep the results of their annual facility site compliance inspection and quarterly visual inspections on site for department inspection. Facilities covered under a tier 1 permit are not required to submit inspection reports after submittal of the second inspection report, unless so directed by the department. However, these inspections and quarterly visual inspections shall still be conducted; and results shall be kept on site for department inspection.
(3) INSPECTION DATES. The first quarterly visual inspection of storm water discharge quality shall be conducted within 3 months of the effective date of coverage under the permit.
(4) CHEMICAL SAMPLING DATES. Owners and operators of facilities covered under a tier 1 permit shall submit annual chemical monitoring results with the compliance inspection report required under s. NR 216.28(2) for the first 2 years following SWPPP implementation. The monitoring results shall include all of the information specified in s. NR 216.28(4) (g).
(5) BMP IMPLEMENTATION. Unless an alternate implementation schedule is identified in the permit, the BMPs identified in the SWPPP shall be implemented beginning at the start of industrial operations.
(6) SWPPP AMENDMENTS. The permittee shall correct deficiencies in the original SWPPP. The permittee shall amend the SWPPP and notify the department in the event of any facility operational changes that could result in additional significant storm water contamination.
(7) RECORD RETENTION. Records required under this subchapter shall be retained for 5 years beyond the date that the record was made and shall be made available to the department upon request.
(8) SIGNATURE. Reports required under this subchapter shall be signed in accordance with s. NR 216.22(7).

Wis. Admin. Code Department of Natural Resources § NR 216.29

CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.
Amended by, CR 21-027: am. (1) (a), (b), (e), (g) Register March 2022 No. 795, eff. 4/1/2022