Section NR 151.23 - Construction site performance standard for sites of one acre or more(1) APPLICABILITY. This section applies to any transportation facility construction site that consists of one acre or more of land disturbing construction activity. (a) Subsections (2), (3), (4), and (5) apply to all of the following: 1. Transportation facility construction sites for which the department received a notice of intent in accordance with subch. III of ch. NR 216 before January 1, 2011.2. Transportation facility construction sites for which a bid has been advertised or construction contract signed for which no bid was advertised, before January 1, 2011.(b) Subsections (2) (a), (b), and (cm), (3), (4m), (5), and (6) apply to all of the following: 1. Transportation facility construction sites for which the department received a notice of intent in accordance with subch. III of ch. NR 216 on or after January 1, 2011.2. Transportation facility construction sites for which a bid has been advertised or construction contract signed for which no bid was advertised, on or after January 1, 2011.(2) EXEMPTION. This section does not apply to the following: (a) Transportation facility construction projects that are exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under 40 CFR 122, for land disturbing construction activity.(b) Transportation facility construction projects that are part of a larger common plan of development, such as a residential or industrial development, and are in compliance with the performance standards of subch. III.(c) Routine maintenance for transportation facilities that have less than 5 acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity or original purpose of the facility. Note: Construction projects such as installations of utilities within a transportation right-of-way that are not directed and supervised by the Department of Transportation are subject to the performance standards of subch. III and are not subject to this subchapter.
(cm) Routine maintenance if performed for storm water conveyance system cleaning for sites that consist of less than 5 acres of land disturbance.(3) PLAN. (a) The responsible party under s. NR 151.22 shall develop and implement a written design plan for each construction site. The plan shall incorporate the applicable requirements of this section. Note: The design plan may be the erosion control plan specified in s. NR 216.46 or the design plan in s. NR 151.22(1) (a).
(b) The plan required under s. NR 151.22(2) (a) or (3) shall be properly installed to implement the plan under s. NR 151.22(1) (a).(4) PRE-JANUARY 1, 2011 REQUIREMENTS. The design plan required under sub. (3) shall include the following: (a) BMPs that, by design, achieve, to the maximum extent practicable, a reduction of 80% of the sediment load carried in runoff, on an average annual basis, as compared with no sediment or erosion controls, as specified in s. NR 151.22(1) (a) or (3), until the construction site has undergone final stabilization. No person shall be required to exceed an 80% sediment reduction to meet the requirements of this paragraph. Erosion and sediment control BMPs may be used alone or in combination and shall be installed according to any associated implementation plan to meet the requirements of this paragraph. Credit toward meeting the sediment reduction shall be given for limiting the duration or area, or both, of land disturbing construction activity, or other appropriate mechanism. Note: Soil loss prediction tools that estimate the sediment load leaving the construction site under varying land and management conditions, or methodology identified in subch. V., may be used to calculate sediment reduction.
(b) Notwithstanding par. (a), if BMPs cannot be designed and implemented to reduce the sediment load by 80%, based on an average annual rainfall, the design plan shall include a written and site-specific explanation why the 80% reduction goal is not attainable and the sediment load shall be reduced to the maximum extent practicable. (c) Where appropriate, the design plan shall include sediment controls to do all of the following to the maximum extent practicable: 1. Prevent tracking of sediment from the construction site onto roads and other paved surfaces.2. Prevent the discharge of sediment as part of site de-watering.3. Protect the separate storm drain inlet structure from receiving sediment.(d) The use, storage and disposal of chemicals, cement and other compounds and materials used on the construction site shall be managed during the construction period to prevent their transport by runoff into waters of the state. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this paragraph.(4m) POST-JANUARY 1, 2011 REQUIREMENTS. The design plan required under sub. (3) shall meet all of the following: (a)Erosion and sediment control practices. Erosion and sediment control practices at each site where land disturbing construction activity is to occur shall be used to prevent or reduce all of the following: 1. The deposition of soil from being tracked onto streets by vehicles.2. The discharge of sediment from disturbed areas into on-site storm water inlets.3. The discharge of sediment from disturbed areas into adjacent waters of the state.4. The discharge of sediment from drainage ways that flow off the site.5. The discharge of sediment by dewatering activities.6. The discharge of sediment eroding from soil stockpiles existing for more than 7 days.7. The discharge of sediment from erosive flows at outlets and in downstream channels.8. The transport by runoff into waters of the state of chemicals, cement and other building compounds and materials on the construction site during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this subdivision.9. The transport by runoff into waters of the state of untreated wash water from vehicle and wheel washing. Note: Wastewaters, such as from concrete truck washout, need to be properly managed to limit the discharge of pollutants to waters of the state. A separate permit may be needed from the department where a wastewater discharge has the potential to adversely impact waters of the state. The appropriate department regional wastewater specialist should be contacted to determine if wastewater permit coverage is needed where wastewater will be discharged to waters of the state.
(b)Sediment performance standards. In addition to the erosion and sediment control practices under par. (a), the following erosion and sediment control practices shall be employed: 1. For transportation facility construction sites for which the department received a notice of intent for the construction project in accordance with subch. III of ch. NR 216 within 2 years after January 1, 2011, BMPs that, by design, achieve a reduction of 80 percent, or to the maximum extent practicable, of the sediment load carried in runoff, on an average annual basis, as compared with no sediment or erosion controls, until the construction site has undergone final stabilization.2. For transportation facility construction sites for which the department received a notice of intent for the construction project in accordance with subch. III of ch. NR 216, 2 years or more after January 1, 2011, BMPs that, by design, discharge no more than 5 tons per acre per year, or to the maximum extent practicable, of the sediment load carried in runoff from initial grading to final stabilization.3. The department may not require any person to employ more BMPs than are needed to meet a performance standard in order to comply with maximum extent practicable. Erosion and sediment control BMPs may be combined to meet the requirements of this paragraph. The department shall give credit toward meeting the sediment performance standard of this paragraph for limiting the duration or area, or both, of land disturbing construction activity, or for other appropriate mechanisms.4. Notwithstanding subd. 1. or 2., if BMPs cannot be designed and implemented to meet the sediment performance standard, the plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable. Note: The department of natural resources has developed guidance document no. 3800-2017-03 to assist with compliance with the 5 tons per acre sediment performance standard.
Note: In accordance with subch. V, the department has developed technical standards to help meet the construction site performance standards. These technical standards are available from the department at dnr.wi.gov.
(c)Preventive measures. The plan shall incorporate all of the following: 1. Maintenance of existing vegetation, especially adjacent to surface waters, whenever possible.2. Minimization of soil compaction and preservation of topsoil.3. Minimization of land disturbing construction activity on slopes of 20% or more.4. Development of spill prevention and response procedures.(5) LOCATION. BMPs shall be located so that treatment occurs before runoff enters waters of the state. Note: While regional treatment facilities are appropriate for control of post-construction pollutants, they should not be used for construction site sediment removal.
(6) IMPLEMENTATION. The BMPs used to comply with this section shall be implemented as follows: (a) Erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin and in accordance with the plan developed under sub. (3).(b) Erosion and sediment control practices shall be maintained until final stabilization.(c) Final stabilization activity shall commence when land disturbing activities cease and final grade has been reached on any portion of the site.(d) Temporary stabilization activity shall commence when land disturbing construction activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.(e) BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.Wis. Admin. Code Department of Natural Resources NR 151.23
CR 00-027: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (title), (1), (3) (a), (4) (title), (5), cr. (2) (cm), (4m), (6) Register December 2010 No. 660, eff. 1-1-11.Amended by, correction in (4m) (b) 4. (Note) made under s. 13.92(4) (b) 7, Stats., Register November 2018 No. 755, eff. 12/1/2018