Section 347.08. Monitoring, reporting and enforcement.

 

(1)   Surveillance.

(a) The permittee shall contact the department 5 business days prior to the commencement of dredging to provide an opportunity for the department to review all required environmental safeguards to ensure they are in place and operable.

(b) The department may inspect the dredging project at any time during operation to determine whether requirements of permits and approvals are being met or to conduct effluent sampling.

(2)   Monitoring.

(a) For those projects authorized in part by a WPDES permit, monitoring, analyses and reporting shall be performed as specified in the WPDES permit.

(b) For all other projects, monitoring, analyses and reporting shall be performed as specified in ss. NR 347.06 (2) and 347.07 (1) .

(c) Project characteristics to be monitored may include, but are not limited to, carriage water return flow, total suspended solids, dissolved oxygen concentrations, effluent and receiving water temperatures, receiving stream flow rates, effluent ammonia-nitrogen concentrations, and pH.

(3)   Suspension of work. If the department determines that project performance is not in compliance with permit or contract conditions, the permittee shall suspend work upon written notification from the department. This shall be a condition of any permit or contract issued by the department. The permittee shall be accorded an opportunity for hearing in accordance with s. 227.51 (3) , Stats. The issuance of a suspension order under this subsection shall not limit other enforcement actions or penalties. The department and permittee shall analyze operational deficiencies and the department shall prescribe changes necessary to bring project operation into conformance with permit or contract conditions.

(4)   Penalties.

(a) Each violation of the conditions of a permit or contract issued under s. 30.20 , Stats., or this chapter, may result in a forfeiture of not less than $100 nor more than $10,000 for the first offense and shall forfeit not less than $500 nor more than $10,000 upon conviction of the same offense a second or subsequent time. The permit or contract may be rescinded and appropriate restoration orders may be issued as authorized by ss. 23.79 , 30.03 , 30.12 , 30.15 , 30.20 , 30.292 , 30.294 and 30.298 , Stats.

(b) The enforcement provisions of s. 283.91 , Stats., shall apply to any violations of WPDES permits associated with dredging projects.

(c) The enforcement provisions of ss. 289.97 and 299.97 , Stats., and chs. NR 500 to 520 shall apply to violations of solid waste management approvals for this chapter.

(d) The enforcement provisions of ss. 291.95 and 291.97 , Stats., shall apply to violations of any hazardous waste approvals for disposal activities associated with dredging projects authorized by this chapter.

Cr. Register, February, 1989, No. 398 , eff. 3-1-89; corrections in (4) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1995, No. 478 ; corrections in (4) (b) to (d) made under s. 13.93 (2m) (b) 7., Stats., Register January 2002 No. 553 .