Section NR 216.23 - Permit coverage(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).(b) The department may elect to cover any industrial storm water discharge under a tier 2 general permit where the department determines that a tier 2 general permit is appropriate.(4) CHANGING TO TIER 1. If the department determines that a facility or an industrial activity covered under a tier 2 general permit may be discharging storm water contaminated with pollutants listed in s. NR 216.27(3) (j), the department may require that the facility or activity be covered by a tier 1 general permit.Wis. Admin. Code Department of Natural Resources NR 216.23
CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04.