(1)
APPLICABILITY. This section applies to any transportation facility construction
site that consists of one acre or more of land disturbing construction
activity.
(a) Subsections (2), (3), (4), and
(5) apply to all of the following:
1.
Transportation facility construction sites for which the department received a
notice of intent in accordance with subch. III of ch. NR 216 before January 1,
2011.
2. Transportation facility
construction sites for which a bid has been advertised or construction contract
signed for which no bid was advertised, before January 1, 2011.
(b) Subsections (2) (a), (b), and
(cm), (3), (4m), (5), and (6) apply to all of the following:
1. Transportation facility construction sites
for which the department received a notice of intent in accordance with subch.
III of ch. NR 216 on or after January 1, 2011.
2. Transportation facility construction sites
for which a bid has been advertised or construction contract signed for which
no bid was advertised, on or after January 1, 2011.
(2) EXEMPTION. This section does
not apply to the following:
(a)
Transportation facility construction projects that are exempted by federal
statutes or regulations from the requirement to have a national pollutant
discharge elimination system permit issued under 40 CFR 122, for land
disturbing construction activity.
(b) Transportation facility construction
projects that are part of a larger common plan of development, such as a
residential or industrial development, and are in compliance with the
performance standards of subch. III.
(c) Routine maintenance for transportation
facilities that have less than 5 acres of land disturbance if performed to
maintain the original line and grade, hydraulic capacity or original purpose of
the facility.
Note: Construction projects such as
installations of utilities within a transportation right-of-way that are not
directed and supervised by the Department of Transportation are subject to the
performance standards of subch. III and are not subject to this
subchapter.
(cm) Routine
maintenance if performed for storm water conveyance system cleaning for sites
that consist of less than 5 acres of land disturbance.
(3) PLAN.
(a) The responsible party under s.
NR 151.22 shall
develop and implement a written design plan for each construction site. The
plan shall incorporate the applicable requirements of this section.
Note: The design plan may be the erosion
control plan specified in s.
NR 216.46 or the design plan in s.
NR 151.22(1)
(a).
(b) The plan required under s.
NR 151.22(2) (a) or
(3) shall be properly installed to implement
the plan under s.
NR 151.22(1)
(a).
(4) PRE-JANUARY 1, 2011 REQUIREMENTS. The
design plan required under sub. (3) shall include the following:
(a) BMPs that, by design, achieve, to the
maximum extent practicable, a reduction of 80% of the sediment load carried in
runoff, on an average annual basis, as compared with no sediment or erosion
controls, as specified in s.
NR 151.22(1) (a) or
(3), until the construction site has
undergone final stabilization. No person shall be required to exceed an 80%
sediment reduction to meet the requirements of this paragraph. Erosion and
sediment control BMPs may be used alone or in combination and shall be
installed according to any associated implementation plan to meet the
requirements of this paragraph. Credit toward meeting the sediment reduction
shall be given for limiting the duration or area, or both, of land disturbing
construction activity, or other appropriate mechanism.
Note: Soil loss prediction tools that estimate
the sediment load leaving the construction site under varying land and
management conditions, or methodology identified in subch. V., may be used to
calculate sediment reduction.
(b) Notwithstanding par. (a), if BMPs cannot
be designed and implemented to reduce the sediment load by 80%, based on an
average annual rainfall, the design plan shall include a written and
site-specific explanation why the 80% reduction goal is not attainable and the
sediment load shall be reduced to the maximum extent practicable.
(c) Where appropriate, the design plan shall
include sediment controls to do all of the following to the maximum extent
practicable:
1. Prevent tracking of sediment
from the construction site onto roads and other paved surfaces.
2. Prevent the discharge of sediment as part
of site de-watering.
3. Protect the
separate storm drain inlet structure from receiving sediment.
(d) The use, storage and disposal
of chemicals, cement and other compounds and materials used on the construction
site shall be managed during the construction period to prevent their transport
by runoff into waters of the state. However, projects that require the
placement of these materials in waters of the state, such as constructing
bridge footings or BMP installations, are not prohibited by this
paragraph.
(4m)
POST-JANUARY 1, 2011 REQUIREMENTS. The design plan required under sub. (3)
shall meet all of the following:
(a)
Erosion and sediment control practices. Erosion and sediment
control practices at each site where land disturbing construction activity is
to occur shall be used to prevent or reduce all of the following:
1. The deposition of soil from being tracked
onto streets by vehicles.
2. The
discharge of sediment from disturbed areas into on-site storm water
inlets.
3. The discharge of
sediment from disturbed areas into adjacent waters of the state.
4. The discharge of sediment from drainage
ways that flow off the site.
5. The
discharge of sediment by dewatering activities.
6. The discharge of sediment eroding from
soil stockpiles existing for more than 7 days.
7. The discharge of sediment from erosive
flows at outlets and in downstream channels.
8. The transport by runoff into waters of the
state of chemicals, cement and other building compounds and materials on the
construction site during the construction period. However, projects that
require the placement of these materials in waters of the state, such as
constructing bridge footings or BMP installations, are not prohibited by this
subdivision.
9. The transport by
runoff into waters of the state of untreated wash water from vehicle and wheel
washing.
Note: Wastewaters, such as from concrete truck
washout, need to be properly managed to limit the discharge of pollutants to
waters of the state. A separate permit may be needed from the department where
a wastewater discharge has the potential to adversely impact waters of the
state. The appropriate department regional wastewater specialist should be
contacted to determine if wastewater permit coverage is needed where wastewater
will be discharged to waters of the state.
(b)
Sediment performance
standards. In addition to the erosion and sediment control practices
under par. (a), the following erosion and sediment control practices shall be
employed:
1. For transportation facility
construction sites for which the department received a notice of intent for the
construction project in accordance with subch. III of ch. NR 216 within 2 years
after January 1, 2011, BMPs that, by design, achieve a reduction of 80 percent,
or to the maximum extent practicable, of the sediment load carried in runoff,
on an average annual basis, as compared with no sediment or erosion controls,
until the construction site has undergone final stabilization.
2. For transportation facility construction
sites for which the department received a notice of intent for the construction
project in accordance with subch. III of ch. NR 216, 2 years or more after
January 1, 2011, BMPs that, by design, discharge no more than 5 tons per acre
per year, or to the maximum extent practicable, of the sediment load carried in
runoff from initial grading to final stabilization.
3. The department may not require any person
to employ more BMPs than are needed to meet a performance standard in order to
comply with maximum extent practicable. Erosion and sediment control BMPs may
be combined to meet the requirements of this paragraph. The department shall
give credit toward meeting the sediment performance standard of this paragraph
for limiting the duration or area, or both, of land disturbing construction
activity, or for other appropriate mechanisms.
4. Notwithstanding subd. 1. or 2., if BMPs
cannot be designed and implemented to meet the sediment performance standard,
the plan shall include a written, site-specific explanation of why the sediment
performance standard cannot be met and how the sediment load will be reduced to
the maximum extent practicable.
Note: The department of natural resources has
developed guidance document no. 3800-2017-03 to assist with compliance with the
5 tons per acre sediment performance standard.
Note: In accordance with subch. V, the
department has developed technical standards to help meet the construction site
performance standards. These technical standards are available from the
department at dnr.wi.gov.
(c)
Preventive measures. The
plan shall incorporate all of the following:
1. Maintenance of existing vegetation,
especially adjacent to surface waters, whenever possible.
2. Minimization of soil compaction and
preservation of topsoil.
3.
Minimization of land disturbing construction activity on slopes of 20% or
more.
4. Development of spill
prevention and response procedures.
(5) LOCATION. BMPs shall be located so that
treatment occurs before runoff enters waters of the state.
Note: While regional treatment facilities are
appropriate for control of post-construction pollutants, they should not be
used for construction site sediment removal.
(6) IMPLEMENTATION. The BMPs used to comply
with this section shall be implemented as follows:
(a) Erosion and sediment control practices
shall be constructed or installed before land disturbing construction
activities begin and in accordance with the plan developed under sub.
(3).
(b) Erosion and sediment
control practices shall be maintained until final stabilization.
(c) Final stabilization activity shall
commence when land disturbing activities cease and final grade has been reached
on any portion of the site.
(d)
Temporary stabilization activity shall commence when land disturbing
construction activities have temporarily ceased and will not resume for a
period exceeding 14 calendar days.
(e) BMPs that are no longer necessary for
erosion and sediment control shall be removed by the responsible
party.
