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
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