Section 216.23. Permit coverage.

 

(1)   Tier 1 general permit. The department may issue a statewide general permit to cover all tier 1 type storm water discharges where the discharges are not covered by an industry-specific general permit issued pursuant to s. NR 216.24 , or by an individual permit issued pursuant to s. 283.31 or 283.33 , Stats.

(2)   Tier 2 general permit. The department may issue a statewide general permit to cover all tier 2 type storm water discharges where the discharges are not covered by an industry-specific general permit issued pursuant to s. NR 216.24 , or by an individual permit issued pursuant to s. 283.31 or 283.33 , Stats.

(3)   Changing to tier 2.

(a) A permittee covered by a tier 1 general industrial storm water discharge permit issued under this section, or a permit issued under s. NR 216.24 , may request that the department consider converting the permittee's coverage to a tier 2 general industrial storm water discharge permit if all of the following occur:

1. The process or operation is managed so that no storm water is contaminated with any of the pollutants identified in s. NR 216.27 (3) (j) .

2. The permittee certifies that there is no unauthorized discharge at the outfall.

3. The permittee has completed a minimum of 3 years of industrial activity under a SWPPP, with no confirmed problems identified by public complaint or the annual facility site compliance inspection reports required under s. NR 216.29 (2) .

(b) The department may elect to cover any industrial storm water discharge under a tier 2 general permit where the department determines that a tier 2 general permit is appropriate.

(4)   Changing to tier 1. If the department determines that a facility or an industrial activity covered under a tier 2 general permit may be discharging storm water contaminated with pollutants listed in s. NR 216.27 (3) (j) , the department may require that the facility or activity be covered by a tier 1 general permit.

History: CR 03-028 : cr. Register July 2004 No. 583 , eff. 8-1-04.