SPS 360.04 History History: CR 05-113: cr. Register December 2006 No. 612, eff. 4-1-07.
subch. II of ch. SPS 360 Subchapter II — Administration and Enforcement
SPS 360.10 SPS 360.10 Governmental oversight.
SPS 360.10(1) (1) Municipal ordinances. Pursuant to s. 101.1206 (5m), Stats., a municipality may continue to administer and enforce a local ordinance related to erosion and sediment control at building sites where land disturbing construction activities are to occur if the ordinance meets all of the following conditions:
SPS 360.10(1)(a) (a) The ordinance standards are more stringent than the standards of this chapter.
SPS 360.10(1)(b) (b) The ordinance was in effect on January 1, 1994.
SPS 360.10(2) (2)Municipal authority. Nothing in this chapter shall prevent a municipality from any of the following:
SPS 360.10(2)(a) (a) Instituting administrative erosion and sediment control requirements such as plan review, permitting or inspecting and the associated fees to cover the costs of those requirements.
SPS 360.10(2)(c) (c) Regulating erosion and sediment control for sites that are not under the scope of this code.
SPS 360.10 Note Note: This code does not apply to buildings that are not public buildings, places of employment or buildings and projects exempted under s. 101.05, Stats. For example: farm buildings, buildings on Indian reservations or buildings owned by the federal government are not buildings under the scope of this chapter. Erosion control and storm water management standards enacted by municipalities, the Department of Natural Resources or the U.S. Environmental Protect Agency may apply in these cases.
SPS 360.10 History History: CR 05-113: cr. Register December 2006 No. 612, eff. 4-1-07; correction in (1) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 360.11 SPS 360.11 Certified municipalities. Certified municipalities in conformance with s. SPS 361.60 may serve as the department's agent for all notices referenced under s. SPS 360.12 and all inspections referenced under ss. SPS 360.14 and 360.15.
SPS 360.12(1)(b) (b) The notice of intent shall be submitted at least 7 days prior to commencement of land disturbing construction activity unless a shorter time period is permitted by the department.
SPS 360.12(1)(c) (c) A site specific erosion and sediment control plan and a storm water management plan shall be prepared and completed prior to submitting the notice of intent.
SPS 360.12(1)(d) (d) The submittal of a notice of intent to the department for a construction site with one or more acres of land disturbing construction activity constitutes an application for coverage under a storm water construction site general permit issued by the department of natural resources pursuant to s. 283.33, Stats., and ch. NR 216, which contains erosion control standards established by the department of safety and professional services pursuant to s. 101.1206, Stats.
SPS 360.12 Note Note: Although construction site notices of intent are submitted to the Department of Safety and Professional Services, coverage under the Department Natural Resources' storm water construction site general permit is required by the United States Environmental Protection Agency in accordance with its delegation of Clean Water Act permit authority to the Department of Natural Resources.
SPS 360.12 Note Note: Department of Natural Resources rules under s. NR 216.42 (4) state: "Storm water discharges from construction sites for public buildings and buildings that are places of employment regulated by the department of safety and professional services pursuant to s. 101.1206, Stats., in a manner which is equivalent to this subchapter shall be deemed to hold a WPDES permit issued pursuant to this subchapter." Sites deemed to hold a WPDES permit are subject to DNR enforcement for violations of permit conditions.
SPS 360.12(2)(a)(a) The owner or owner's agent shall submit a notice of termination in a format prescribed by the department for a site where a notice of intent is required under this section.
SPS 360.12(2)(b) (b) The notice of termination shall be submitted when all of the following have occurred:
SPS 360.12(2)(b)2. 2. All disturbed areas have been stabilized. A disturbed area shall be considered stabilized by vegetation when a perennial cover has been established with a density of at least 70%.
SPS 360.12(2)(b)3. 3. All temporary erosion and sediment control practices have been removed.
SPS 360.13 SPS 360.13 Plans.
SPS 360.13(1)(a)1.1. An erosion and sediment control plan shall be prepared that delineates the practices to be employed for the site where land disturbing construction activity is to occur.
SPS 360.13(1)(a)5. 5. An erosion and sediment control plan shall identify the initial downstream receiving water of the state from the building site.
SPS 360.13(1)(b)1.1. An erosion and sediment control plan and any revisions to the plan shall be maintained at the construction site for the duration of the land disturbing construction activities.
SPS 360.13(1)(b)2. 2. An erosion and sediment control plan and any revisions shall be made available to the department, municipality or delegated inspection agency providing the required inspections.
SPS 360.13(2) (2)Storm water management.
SPS 360.13(2)(b) (b) The storm water management plan shall delineate and describe the post-construction storm water management practices to be employed to comply with s. NR 151.12.
SPS 360.14(1)(1) A person certified in accordance with ch. SPS 305 as a soil erosion inspector or commercial building inspector shall conduct all inspections performed for the purpose of administering and enforcing the erosion and sediment control provisions under this chapter.
SPS 360.14(2) (2) The inspections of the erosion and sediment control practices under this chapter shall be conducted as required under s. SPS 361.41.
SPS 360.14 History History: CR 05-113: cr. Register December 2006 No. 612, eff. 4-1-07; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 360.15(1)(a)(a) Notification. Upon finding of noncompliance, the inspector administering and enforcing the erosion and sediment control provisions under this chapter shall notify the owner or owner's agent in writing of the violations to be corrected and the time period allowed for compliance.
SPS 360.15(1)(c) (c) Stop work order.
subch. III of ch. SPS 360 Subchapter III — Erosion and Sediment Control
SPS 360.20 SPS 360.20 Erosion and sediment control.
SPS 360.20(1) (1) General.
SPS 360.20(1)(a)(a) Where land disturbing construction activity is to occur erosion and sediment control practices shall be employed, as necessary, and maintained to prevent or reduce the potential deposition of soil or sediment to all of the following:
SPS 360.20(1)(d) (d) Erosion and sediment control practices shall either be approved by the department or listed by the department of natural resources in accordance with the process under s. NR 151.32 (2).
SPS 360.20 Note Note: Listed practices can be found through the Department's Division of Industry Services website at http://dsps.wi.gov/programs/industry-services or by contacting the Division at telephone (608) 266-3151 or 877/617-1565 or 411 (Telecommunications Relay).
SPS 360.20(2)(a) (a) The deposition of soil from being tracked onto streets by vehicles.
SPS 360.20(2)(b) (b) The discharge of sediment from disturbed areas into on-site storm water inlets.
SPS 360.20(2)(f) (f) The discharge of sediment eroding from soil stockpiles existing for more than 7 days.
SPS 360.20 Note Note: A missing word is shown in brackets.
SPS 360.20(3)(b) (b) A reduction of at least 80% of the potential sediment load in storm water runoff from the site on an average annual basis as compared with no sediment or erosion controls for the site when the land disturbing construction activity involves one or more acres.
SPS 360.20 Note Note: See appendix for further explanatory material regarding compliance solutions for 80 and 40% reductions.
SPS 360.20(4) (4)Soil loss analysis. Potential soil loss shall be determined using an engineer analytical modeling acceptable to the department.
SPS 360.20 History History: CR 05-113: cr. Register December 2006 No. 612, eff. 4-1-07.
SPS 360.21(1)(a) (a) At least weekly.
SPS 360.22 SPS 360.22 Maintenance.
SPS 360.22 Note Note: Contact the Department of Natural Resources before attempting to clean up any sediment deposited or discharged into the waters of the state.
SPS 360.22(2)(b) (b) When the failure of erosion or sediment control practices results in an immediate threat of sediment entering public sewers or the waters of the state, procedures shall be implemented immediately to repair or replace the practices.
SPS 360.22 History History: CR 05-113: cr. Register December 2006 No. 612, eff. 4-1-07; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 360.30 Note Note: See appendix for further explanatory material.
SPS 360.30 History History: CR 05-113: cr. Register December 2006 No. 612, eff. 4-1-07.
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Published under authority of s. 35.93, Stats. Updated on the first day of each month. Entire code is alwaycurrent. The date shown on each chapter is the date the chapter was last published.