Wis. Admin. Code Department of Natural Resources § NR 216.006 - Electronic reporting of information

Current through March 28, 2022

(1) The department shall provide an electronic reporting system to receive information from WPDES permit applicants and WPDES permittees as required in subchs. I to III. The electronic reporting system shall comply with s. Adm 12.05 and include electronically fillable forms developed by the department.
(2) Persons applying for permit coverage under ss. NR 216.03, 216.22, and 216.43 shall submit a notice of intent to discharge under a general WPDES permit or an application for coverage under a WPDES permit via the system created under sub. (1) unless granted a waiver under sub. (6) or (7).
(3) Persons applying for a no exposure certification under s. NR 216.21(3) shall submit the information required under s. NR 216.21(3) (b) 3. via the system created under sub. (1) unless granted a waiver under sub. (6) or (7).
(4) The department may require permittees to utilize the system created under sub. (1) to submit documents and forms required under subchs. I to III as needed to comply with s. 283.43(1) (b), Stats., unless granted a waiver under sub. (6) or (7).
(5) The department may include terms and conditions in WPDES permits issued under this chapter to require permittees to utilize the system created under sub. (1) to submit documents and forms required by the permit to the department as needed to comply with s. 283.43(1) (b), Stats., unless granted a waiver under sub. (6) or (7).
(6) The department may establish an episodic waiver from electronic reporting requirements for an owner, operator, or authorized representative of the regulated facility or entity in an area affected by a large-scale emergency, natural disaster, or during electronic reporting system outages lasting more than 96 hours. The department shall notify eligible parties and identify a period of up to 60 days for which the episodic waiver is in effect. The notification shall also identify whether delayed electronic submittals are allowed, if paper submittals are required, and a mailing address for paper submittals to be sent, if applicable.
(7) Any owner, operator, or authorized representative of the regulated facility or entity required to submit information electronically under subs. (2) to (5) may apply for a temporary or permanent waiver from electronic reporting through the following process:
(a) To apply for an electronic reporting waiver, the owner, operator, or authorized representative of the regulated facility or entity shall submit all of the following information in writing via certified or registered mail to the department of natural resources storm water program at WT/3, PO Box 7921, Madison, WI 53707-7921:
1. Name and contact information for the person requesting the waiver.
2. Facility or site name.
3. WPDES permit number, if applicable or the type of submittal the applicant is requesting a waiver for.
4. Facility or site address.
5. Brief statement regarding the basis for claiming a waiver.
6. Any other information required by the department.
7. Signature of the landowner, operator, or authorized representative.
(b) Within 14 business days of receipt of a complete request for a waiver, the department shall determine whether to grant a temporary or permanent waiver and provide notice of the determination to the owner, operator, or authorized representative submitting the waiver request. If the waiver is granted, the department's notice shall include all applicable forms, identify the mailing address for the submission of the information under subs. (2) to (4) and identify which submittals shall be sent via registered or certified mail. In determining whether to grant the waiver, the department shall consider all of the following:
1. For temporary waivers effective for up to 5 years, whether mandatory electronic reporting is technically infeasible due to lack of sufficient broadband availability or will otherwise be unduly burdensome or costly.
2. For permanent waivers, whether mandatory electronic reporting is an infringement of religious practices, such as for a facility owned or operated by members of religious communities that choose not to use computers, electricity, or internet services.
(8) Approved waivers under subs. (6) and (7) are not transferable.

Notes

Wis. Admin. Code Department of Natural Resources § NR 216.006
Adopted by, CR 21-027: cr. Register March 2022 No. 795, eff. 4-1-22; correction in (2) made under s. 35.17, Stats., Register March 2022 No. 795, eff. 4/1/2022

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