Wis. Admin. Code NR 216.23
Permit coverage
Cite as Wis. Admin. Code NR § 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.