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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) (2)Notice of termination.
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)1. 1. All land disturbing construction activities have ceased.
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 360.12 History History: CR 05-113: cr. Register December 2006 No. 612, eff. 4-1-07; correction in (1) (d) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672.
SPS 360.13 SPS 360.13 Plans.
SPS 360.13(1)(1)Erosion and sediment control.
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)2. 2. An erosion and sediment control plan shall be of sufficient detail so as to document compliance with s. SPS 360.20.
SPS 360.13(1)(a)3. 3. An erosion and sediment control plan shall show the areas of land disturbance and location of all control practices to be employed to comply with this chapter.
SPS 360.13(1)(a)4. 4. An erosion and sediment control plan shall show the pre-construction ground surface contour lines at intervals appropriate for conditions present within the proposed disturbed areas.
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)(a)(a) A written storm water management plan shall be prepared for a site where one or more acres of land disturbing construction activity is to occur.
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 360.13 History History: CR 05-113: cr. Register December 2006 No. 612, eff. 4-1-07; correction in (1) (a) 2. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 360.14 SPS 360.14 Inspections.
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 SPS 360.15 Violations and penalties.
SPS 360.15(1) (1)Notice of noncompliance.
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)(b) (b) Timing of orders. Except as provided in par. (c), the time period allowed for compliance shall be determined based on the severity of the noncompliance in relation to the potential soil loss or damage to the waters of the state.
SPS 360.15(1)(c) (c) Stop work order.
SPS 360.15(1)(c)1.1. Pursuant to s. 101.1206, Stats., the department or a certified municipality may issue a special order directing an immediate cessation of construction work on other facets of the building until compliance with the erosion and sediment control provisions under this chapter is attained.
SPS 360.15(1)(c)2. 2. Construction work may resume once the erosion and sediment control compliance corrections have been completed.
SPS 360.15(2) (2)Penalties. Penalties for violations of this chapter shall be assessed in accordance with s. 101.02 (13), Stats.
SPS 360.15 Note Note: Section 101.02 (13), Stats., provides for fines of up to $100 for each violation of rules promulgated under this section. Each day of continued violation may constitute a separate offense.
SPS 360.15 Note Note: For a site where one or more acres of land disturbing construction activity occurs, the Department of Natural Resources has the ability to inspect and pursue enforcement action under the issuance of the Wisconsin Pollutant Discharge Elimination System, WPDES, General Permit pursuant to chapter NR 216.
SPS 360.15 History History: CR 05-113: cr. Register December 2006 No. 612, eff. 4-1-07; correction in (1) (c) 1. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
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)(a)1. 1. The waters of the state.
SPS 360.20(1)(a)2. 2. Adjacent properties.
SPS 360.20(1)(b) (b) Land disturbing construction activities, except those activities necessary to implement erosion or sediment control practices, may not begin until the sediment control practices are in place for each area to be disturbed in accordance with the erosion and sediment control plan.
SPS 360.20(1)(c) (c) Erosion and sediment control practices shall be maintained until the disturbed areas are stabilized. A disturbed area shall be considered stabilized when a perennial cover has been established with a density of at least 70%.
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) (2)Mandated practices. Specific practices at each site where land disturbing construction activity is to occur shall be utilized to prevent or reduce all of the following:
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)(c) (c) The discharge of sediment from disturbed areas into abutting waters of the state.
SPS 360.20(2)(d) (d) The discharge of sediment from drainage ways that flow off the site.
SPS 360.20(2)(e) (e) The discharge of sediment by dewatering activities.
SPS 360.20(2)(f) (f) The discharge of sediment eroding from soil stockpiles existing for more than 7 days.
SPS 360.20(3) (3)Control standards. Including the practices under sub. (2), additional erosion and sediment control practices shall be employed, as necessary, to accomplish one of the following:
SPS 360.20(3)(a) (a) A potential annual cumulative soil loss rate of not more than one of the following:
SPS 360.20(3)(a)1. 1. Five tons per acre per year where sand, loamy sand, sandy loam, loam, sandy clay loam, clay loam, sandy clay, silty clay or clay textures are exposed.
SPS 360.20(3)(a)2. 2. Seven and a half tons per acre per [year] where silt, silty clay loam or silt loam textures are exposed.
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(3)(c) (c) A reduction of at least 40% 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 where less than one acre of land disturbing construction activity is to occur.
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 Note Note: The Revised Universal Soil Loss Equation II is an example of an acceptable method to determine soil loss.
SPS 360.20 History History: CR 05-113: cr. Register December 2006 No. 612, eff. 4-1-07.
SPS 360.21 SPS 360.21 Monitoring.
SPS 360.21(1)(1) The owner or owner's agent shall check the erosion and sediment control practices for maintenance needs at all the following intervals until the site is stabilized:
SPS 360.21(1)(a) (a) At least weekly.
SPS 360.21(1)(b) (b) Within 24 hours after a rainfall event of 0.5 inches or greater. A rainfall event shall be considered to be the total amount of rainfall recorded in any continuous 24 hour period.
SPS 360.21(1)(c) (c) At all intervals that are cited on the erosion and sediment control plan.
SPS 360.21(2)(a)(a) The owner or owner's agent shall maintain a monitoring record when the land disturbing construction activity involves one or more acres.
SPS 360.21(2)(b) (b) The monitoring record under par. (a) shall contain at least the following information:
SPS 360.21(2)(b)1. 1. The condition of the erosion and sediment control practices at the intervals specified under sub. (1).
SPS 360.21(2)(b)2. 2. A description of the maintenance conducted to repair or replace erosion and sediment control practices.
SPS 360.21 History History: CR 05-113: cr. Register December 2006 No. 612, eff. 4-1-07.
SPS 360.22 SPS 360.22 Maintenance.
SPS 360.22(1)(a) (a) Except as provided in par. (c), off-site sediment deposition resulting from the failure of an erosion or sediment control practice shall be cleaned up by the end of the next day.
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(1)(b) (b) Except as provided in par. (c), off-site soil deposition, resulting from construction activity, that creates a nuisance shall be cleaned up by the end of the work day.
SPS 360.22(1)(c) (c) A municipality may enact more stringent requirements regarding cleanup of soil or sediment deposition onto public ways.
SPS 360.22(2)(a)(a) Except as required in par. (b), the owner or owner's agent shall complete repair or replacement of erosion and sediment control practices or devices as necessary within 48 hours of an interval specified under s. SPS 360.21.
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