Wis. Admin. Code Department of Natural Resources § NR 216.22 - Application requirements

(1) APPLICABILITY. The owner or operator of a facility type listed in s. NR 216.21(2) shall apply for a storm water discharge permit unless the owner or operator is eligible for and has submitted a conditional "no exposure" certification in accordance with s. NR 216.21(3).
(2) DATE OF APPLICATION. Persons proposing to discharge storm water shall submit a notice of intent to the department as follows:
(a) For proposed facilities that will undergo one or more acres of land disturbing construction activities as part of their construction, at least 14 working days prior to initiating land disturbing construction activities at the site.

Note: This submittal timeline is consistent with the requirement to develop erosion control and storm water management plans and submit a notice of intent under subch. III.

(b) For all other facilities, at least 14 working days prior to initiating industrial operations.

Note: Where an existing facility is covered under a storm water discharge permit, permit coverage may be transferred to a new owner in accordance with s. NR 216.31.

(4) FORMS. Notices of intent shall be submitted to the department using forms available from the department as specified in s. NR 216.006.

Note: Notice of intent forms are available from the department website at http://dnr.wi.gov/topic/stormwater/industrial/forms.html or by calling 1-888-936-7463.

(5) PERMIT TYPE CRITERIA.
(a) The department shall evaluate the information submitted on the notice of intent to determine whether a facility should be covered under a general or individual storm water discharge permit under s. 283.31 or 283.33, Stats.; or whether coverage under a permit should be denied. A letter shall be sent to the applicant when permit coverage is granted. The letter granting coverage shall indicate the date upon which coverage under the permit becomes effective at the facility. If permit coverage is denied, a letter shall be sent to the applicant with the reason for denial.
(b) The basis for determining coverage under a general or individual storm water discharge permit and the tier type shall be based on a comparison of notice of intent information on SIC code, industrial activity and the discharge of contaminated storm water, to the categories identified in s. NR 216.21(2).
(c) If a facility has a WPDES permit, the department may choose to regulate storm water discharges under that permit.
(6) ADDITIONAL INFORMATION. The department may require more information than what is provided in the notice of intent in order to determine if coverage under a general permit is appropriate. The applicant shall provide additional information requested by the department within 30 days from receipt of notification by the department.
(7) SIGNATURE. The notice of intent shall be signed as follows:
(a) In the case of a corporation, by a principal executive officer of at least the level of vice-president, or by the officer's authorized representative having overall responsibility for the operation of the site for which permit coverage is sought.
(b) In the case of a unit of government, by a principal executive officer, a ranking elected official, or other duly authorized representative.
(c) In the case of a partnership, by a general partner.
(d) In the case of a sole proprietorship, by the proprietor.
(e) In the case of a limited liability company, by a member or manager.
(8) DEFICIENT APPLICATION. The department may require an applicant to submit data necessary to complete any deficient notice of intent or may require the applicant to submit a new notice of intent where the deficiencies are extensive or the appropriate form has not been used.
(9) REAPPLICATION. When a general storm water discharge permit is reissued, the department may require the owner or operator of a previously covered facility to submit a new notice of intent in order to determine continued applicability of the permit.

Notes

Wis. Admin. Code Department of Natural Resources § NR 216.22
CR 03-028: cr. Register July 2004 No. 583, eff. 8-1-04. Amended by, CR 21-027: am. (4) Register March 2022 No. 795, eff. 4/1/2022

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