Current through August 26, 2024
(1) SURVEILLANCE.
(a) The permittee shall contact the
department 5 business days prior to the commencement of dredging to provide an
opportunity for the department to review all required environmental safeguards
to ensure they are in place and operable.
(b) The department may inspect the dredging
project at any time during operation to determine whether requirements of
permits and approvals are being met or to conduct effluent sampling.
(2) MONITORING.
(a) For those projects authorized in part by
a WPDES permit, monitoring, analyses and reporting shall be performed as
specified in the WPDES permit.
(b)
For all other projects, monitoring, analyses and reporting shall be performed
as specified in ss.
NR 347.06(2) and 347.07(1).
(c) Project characteristics to be monitored
may include, but are not limited to, carriage water return flow, total
suspended solids, dissolved oxygen concentrations, effluent and receiving water
temperatures, receiving stream flow rates, effluent ammonia-nitrogen
concentrations, and pH.
(3) SUSPENSION OF WORK. If the department
determines that project performance is not in compliance with permit or
contract conditions, the permittee shall suspend work upon written notification
from the department. This shall be a condition of any permit or contract issued
by the department. The permittee shall be accorded an opportunity for hearing
in accordance with s.
227.51(3),
Stats. The issuance of a suspension order under this subsection shall not limit
other enforcement actions or penalties. The department and permittee shall
analyze operational deficiencies and the department shall prescribe changes
necessary to bring project operation into conformance with permit or contract
conditions.
(4) PENALTIES.
(a) Each violation of the conditions of a
permit or contract issued under s.
30.20,
Stats., or this chapter, may result in a forfeiture of not less than $100 nor
more than $10,000 for the first offense and shall forfeit not less than $500
nor more than $10,000 upon conviction of the same offense a second or
subsequent time. The permit or contract may be rescinded and appropriate
restoration orders may be issued as authorized by ss.
23.79,
30.03,
30.12,
30.15,
30.20,
30.292,
30.294 and
30.298,
Stats.
(b) The enforcement
provisions of s.
283.91,
Stats., shall apply to any violations of WPDES permits associated with dredging
projects.
(c) The enforcement
provisions of ss.
289.97 and
299.97,
Stats., and chs.
NR 500 to
520 shall apply to violations of
solid waste management approvals for this chapter.
(d) The enforcement provisions of ss.
291.95 and
291.97,
Stats., shall apply to violations of any hazardous waste approvals for disposal
activities associated with dredging projects authorized by this
chapter.
