Section NR 216.075 - Reliance on another entity(1) In this section, "another entity" or "other entity" means another permittee, unit of government, or organization that is separate and distinct from the permittee that is relying on another entity.(2) A permittee may rely on another entity to implement a minimum control measure or another requirement of a permit issued under this subchapter provided all the following conditions are met: (a) The other entity implements the minimum control measure or permit requirement.(b) The minimum control measure or requirement, or component thereof, is at least as stringent as the corresponding permit requirement.(c) The other entity agrees to implement a minimum control measure or requirement on the permittee's behalf, demonstrated by executing a formal written agreement signed by both parties' authorized representatives. The agreement shall be explicit as to which specific minimum control measure or requirement is being implemented by the other entity. A copy of an executed agreement created under this section shall be submitted to the department upon the department's request.(d) The permittee remains responsible for the compliance with all permit obligations if the other entity fails to implement any minimum control measure or requirement provided for in an agreement under par. (c).(3) If the department finds that an agreement executed under sub. (2) (c) is deficient, does not meet the requirements of sub. (2), or does not meet a requirement of a permit issued under this subchapter, the permittee may not rely on the other entity to implement the minimum control measure or requirement.(4) If the department finds that the other entity does not effectively implement a minimum control measure or requirement pursuant to an agreement executed under this section, the permittee shall not rely on the other entity to implement the minimum control measure or requirement.(5) A permittee or other entity that terminates an agreement under this section shall notify the department within 5 business days of the termination. Upon termination, the permittee shall become responsible for implementing a minimum control measure or other requirement of a permit issued under this subchapter that was subject to an agreement under sub. (2) (c).Wis. Admin. Code Department of Natural Resources NR 216.075
Adopted by, CR 21-027: cr. Register March 2022 No. 795, eff. 4/1/2022