Section NR 216.51 - Department actions(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.
(4) DENIAL OR REVOCATION OF GENERAL PERMIT. The department may deny or revoke coverage under a general WPDES permit and require submittal of an application for an individual WPDES storm water permit based on a review of the completed notice of intent or other relevant information. The landowner of a construction site denied or revoked coverage under the general WPDES permit may not discharge storm water to waters of the state from the construction site until an individual WPDES permit for storm water discharge is issued to the landowner.(5) INDIVIDUAL PERMIT. The department may require the landowner of any storm water discharge covered by a general WPDES permit issued pursuant to this subchapter to apply for and obtain an individual WPDES storm water permit if any of the following occur: (a) The storm water discharge is determined to be a significant source of pollution and more appropriately regulated by an individual WPDES storm water permit.(b) The storm water discharge is not in compliance with the terms and conditions of this subchapter, or of a general WPDES permit issued pursuant to this chapter.(c) A change occurs in the availability of demonstrated technology or best management practices for the control or abatement of pollutants from the storm water discharge.(d) Effluent limitations or standards are promulgated for a storm water discharge that is different than the conditions contained in this subchapter.(6) PETITION. Any person may submit a written request to the department that it take action under sub. (5).Wis. Admin. Code Department of Natural Resources NR 216.51
CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04. The department will evaluate a request submitted pursuant to this subsection to determine if an individual permit is warranted.