Stormwater discharge permits

Stormwater discharge permits. (1) Applicability. (a) The department shall obtain stormwater discharge permit coverage for any construction project with one acre or more of land-disturbing construction activity, including any project that is part of a larger, phased construction project that cumulatively has one acre or more of land-disturbing construction activity. For purposes of determining whether the one acre threshold has been met, land-disturbing construction activity includes land disturbance associated with the construction project as well as land disturbance associated with any TSA covered by section (4) (a). (b) The department shall obtain stormwater discharge permit coverage for any maintenance activity, except those classified as routine maintenance, with one acre or more of land-disturbing construction activity. (c) Where discrete areas of land-disturbing construction activity are located at least 1/4 mile apart and the area between the land-disturbing activities is not disturbed, each individual area is treated separately when determining if one acre or more of land-disturbing construction activity will occur. (d) When additional land-disturbing construction activity not previously covered under a stormwater discharge permit is necessary, such activities shall not commence until the relevant provisions of sub. (2) (c) or (3) (c) , as appropriate, are met. (2) TCGP. For any construction project or maintenance activity not located within Indian Country, the following apply: (a) The department shall obtain coverage under the TCGP for any project site with one acre or more of land-disturbing construction activity that is not located within Indian Country, except utility facility project sites as described in sub. (5) , in accordance with interdepartmental liaison procedures. (b) Where the department elects to cover TSA sites in accordance with the provisions of sub. (4) (a) , the department shall obtain coverage under the TCGP whenever the total combined area of land-disturbing construction activity of the project site and TSA sites is one acre or more. (c) The department shall amend the erosion control plan, stormwater management plan, or ECIP, as appropriate, when there is a change in design, construction, operation or maintenance at the project site or TSA site which has the reasonable potential for the discharge of pollutants and which has not otherwise been addressed in the erosion control, stormwater management plan, or ECIP, or the actions required by the plan fail to reduce the impacts of pollutants carried by stormwater runoff. Amendments shall follow the terms of the TCGP and the procedures established through the interdepartmental liaison procedures. (d) Projects covered under the TCGP are subject to, and administered in conjunction with, the interdepartmental liaison procedures established under s. 30.2022 , Stats. (e) Land-disturbing construction activity may not commence until coverage is obtained under the TCGP. (3) NPDES, construction general permit. For any construction project or maintenance activity located within Indian Country, the following apply: (a) The department shall obtain coverage under the NPDES Construction General Permit for any project site with one acre or more of land-disturbing construction activity that is located within Indian Country, except utility facility project sites as described in sub. (5) . (b) Where the department elects to cover TSA sites in accordance with the provisions of sub. (4) (a) , the department shall obtain coverage under the NPDES Construction General Permit whenever the total combined area of land-disturbing construction activity of the project site and TSA sites is one acre or more. (c) The department shall request amendment to permit coverage in accordance with the provisions of the NPDES Construction General Permit. (d) Land-disturbing construction activity may not commence until coverage is obtained under the NPDES Construction General Permit. (4) TSA sites. (a) The department may elect to provide coverage for TSA sites under the department’s applicable stormwater discharge permit if all the following conditions apply: 1. The construction operations of the TSA site meets the requirements of the applicable permit. 2. The department approves the site, as submitted in an ECIP in accordance with s. Trans 401.11 , before land-disturbing construction activity commences on the site. 3. The TSA site is restored upon the completion of the site use in accordance with the final stabilization requirements for the applicable permit. 4. The TSA site is for the exclusive use of department directed and supervised projects. 5. The applicable permitting authority approves the TSA site for permit coverage. (b) For any TSA site that does not meet the requirements in par. (a) , or for which the department does not elect to provide coverage under its applicable stormwater discharge permit, the prime contractor, maintenance provider, or utility person shall obtain coverage separately under any applicable construction or industrial stormwater permits or other general WPDES permit in accordance with ss. 283.31 and 283.33 , Stats., unless otherwise regulated under NPDES permit in accordance with 40 CFR part 122 and related provisions. (c) TSA sites may be transferred from one department directed and supervised project to another department directed and supervised project, subject to the approval of the department, with concurrence from DNR and in accordance with interdepartmental liaison procedures. (5) Utility facility projects. (a) For any utility facility project, except as provided under par. (b) , the utility person shall be responsible for obtaining necessary stormwater discharge permitting for the project and is not eligible for coverage under the department’s applicable stormwater discharge permits as described in subs. (2) and (3) . (b) The department may elect to cover utility facility projects under the department’s applicable stormwater discharge permit if the utility facility project is part of a project let by the department, constructed by the department’s contractor, and administered in accordance with the provisions of this chapter.