Section NR 243.16 - Evaluations of previously constructed facilities or systems(1) All owners or operators applying for a WPDES permit shall submit an evaluation of any constructed reviewable facilities and systems not previously approved or evaluated by the department, as part of the application for a WPDES permit. Evaluations shall be submitted under the signature and the seal of a professional engineer registered in Wisconsin or other qualified individual. At a minimum, evaluations shall include the following information: (a) A narrative providing general background and operational information on existing facilities and systems.(b) Available post-construction documentation including the date and materials of construction.(c) For facilities or systems that are part of the production area, an assessment of the ability of the facility or system to meet the production area requirements in s. NR 243.13, the adequate storage requirement under s. NR 243.14(9), and accepted management practices.(d) An assessment of the ability of the facility or system to meet the applicable design requirements identified in s. NR 243.15.(e) Any proposed actions to address issues identified as part of the evaluation.(2) The department may require an evaluation of a constructed facility or system previously reviewed and approved or evaluated by the department based on factors including the age of the facility or system, the facility's or system's ability to meet current design standards, requirements of this chapter or permit conditions, identified environmental impacts or physical location of the storage facility relative to waters of the state.(3) The department may require additional practices, conditions or permittee actions based on department review of submitted evaluations of previously constructed structures or systems. This includes the installation of a leakage collection or monitoring system, secondary containment systems, or groundwater monitoring, increased inspection frequency, or replacement, upgrade or closure of systems or structures in order to ensure compliance with requirements in ss. NR 243.13 and 243.15, prevent exceedances of groundwater or surface water quality standards or to prevent impairments to wetland functional values.(4) By January 1, 2010, permittees shall have or install the permanent markers specified in s. NR 243.15(3) (e) to previously constructed liquid manure and process wastewater storage or containment facilities.Wis. Admin. Code Department of Natural Resources NR 243.16
CR 05-075: cr. Register April 2007 No. 616, eff. 7-1-07.