 |
 |
 |
 |
|
 |
|
 |
|
 |
Storm Water Tool-kit: OVERVIEW OF THE PERMIT PROCESS FOR BIG-BOXES CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS HOW CAN I USE THIS INFORMATION? WHAT CAN I DO IF I FIND A VIOLATION?
Clean Water Act Regulates Storm Water Discharges In 1987, Congress amended the Clean Water Act to include storm water as a regulated discharge.1 EPA has implemented the program in phases. The first phase (Phase 1), set forth by EPA in 1990, covered “storm water discharges associated with industrial activity.”2 EPA defines “industrial activity” to include “construction activities that disturb more than five (5) acres of land and discharge into waters of the In In Among these requirements, the Clean Water Act and subsequent EPA rules require National Pollutant Discharge Elimination System permits before discharging storm water from commercial, residential and industrial construction sites affecting one (1) or more acres of land.8 The Wisconsin Department of Natural Resources (“DNR”) has federal authority to issue these permits, referred to as Wisconsin Pollutant Discharge Elimination System (WPDES) permits.9 The WPDES storm water permit program is set forth in section 283.33 of the Wisconsin Statutes, and codified in DNR rules NR 216 and NR 151 of the Wisconsin Administrative Code.10 These sections set forth specific requirements that must be met before a WPDES permit can be obtained.11 The DNR first issued a WPDES General Permit for construction site storm water discharges in 1994. The General Permit, which was reissued in 2001, covered discharges from construction sites that disturb five (5) or more acres of land.12 In 2004, DNR modified the permit to include all construction sites that affect between one (1) and five (5) acres of land. This general permit is currently used as the primary permit for industrial, residential and commercial (such as big-box developments) construction sites. Without coverage under the General Permit or an individual permit, discharge of storm water from construction sites that are one (1) acre or larger is illegal. Commercial Construction Sites are Regulated by Department of Commerce For “commercial building” construction, the DNR shares regulatory responsibilities with Wisconsin Department of Commerce (“Commerce”).13 “Commercial buildings” is broadly defined to include all “public buildings and places of employment,” as well as “multi-family dwellings.”14 Big-box developments, and a wide range of other building projects, are included in this category. While DNR administers the WPDES storm water permits for commercial buildings, Department of Commerce has been assigned the responsibility of screening WPDES Storm Water General Permit applications, known as Notices of Intent (NOI), and enforcing NR 216 and NR 151 requirements through its regulation of construction sites.15 The balance of power between DNR and Commerce can be tricky and should be kept in mind as one monitors Clean Water Act requirements on commercial building sites. Commerce’s authority to review NOIs and enforce permit requirements on commercial sites stems from section NR 216.42(4) of the Wisconsin Administrative Code.16 DNR states that all buildings regulated by Commerce “in a manner that is equivalent” to NR 216 standards are deemed to meet WPDES Standards, and will be covered by the WPDES General Permit.17 Therefore, commercial construction site applicants will apply to Commerce and meet Commerce regulations, but hold a WPDES permit issued by DNR. Based on DNR’s grant of authority, Commerce is the primary regulator of big-box construction sites in Some Sites Need to Provide Notice to Both DNR and Commerce As mentioned above, Commerce screens applicants for "commercial" construction sites and DNR screens applicants for all other construction, aside from major road construction. However, not all developments fall in just one category. The DNR provides some background on situations where two applications or Notices of Intent (NOI) need to be submitted:
Big-box developments may involve additional road construction and public utility installation. Additionally, larger developments (i.e. strip malls) that are followed by individual commercial buildings may need a DNR permit for the initial construction stage. Good rules of thumb are: 1) If there is more than one business being constructed on the same plot of land, check with DNR to see if the site needs to submit an NOI for the initial grading; and 2) If there is road construction extending off site, call DNR to double check that the site does not require a separate permit. Initial grading is a major source of pollution and can be unprotected if developers wait to use controls until each site is under construction.
OVERVIEW OF THE PERMIT PROCESS FOR BIG-BOXES PRE-CONSTRUCTIONStep 1) The developer must establish an Erosion Control Plan and Storm Water Management Plan that meet the requirements in NR 216.46 and NR 216.47, Wis. Adm. Code, respectively.19 The developer can chose from a variety of Best Management Practices (BMP) that will help the site meet the NR 216 requirements. Additionally the developer should create and submit a Long-Term Maintenance Agreement. Step 2) Before a big-box development is allowed to begin construction, the developer must submit a Notice of Intent (NOI) form to Commerce.20 This NOI must include a signed statement from the applicant verifying that he/she has an Erosion Control Plan and Storm Water Management Plan that meet the requirements in NR 216.24 and NR 216.47, Wis. Adm. Code.21 Applicants are not required to submit the Erosion Control or Storm Water Management plans unless Commerce or DNR specifically request the plans. Step 3) Commerce reviews the NOI.22 Step 4) If no objection is raised by Commerce or DNR within fourteen (14) days of submitting the NOI, the developer obtains WPDES permit coverage automatically and can begin construction according to their Erosion Control and Storm Water Management Plans.23 However, if the DNR decides the construction site will create a “significant source of storm water pollution,” it can require the developer to apply for an individual permit issued by DNR.24 Step 5) In some rare cases, the developer needs to file an additional NOI with DNR to cover "non-commercial" construction activity.25 CONSTRUCTION Step 6) Commerce is required to monitor the construction process and enforce Commerce rules.26 POST-CONSTRUCTIONStep 7) After construction is completed, Commerce retains authority to enforce the Long-Term Maintenance Agreement.27 DNR retains authority to enforce permit requirements throughout the process, but gives Commerce the primary role in enforcement.28 Summary: Big-box developments need WPDES storm water permit coverage before construction begins. The developers acquire coverage by submitting an NOI to Commerce (and sometimes DNR as well). Unless the DNR determines that the site will be a “significant source of storm water pollution,” DNR extends WPDES General Permit coverage automatically. Enforcement is handled by Commerce.
CONSTRUCTION AND POST CONSTRUCTION REQUIREMENTS CONSTRUCTION REQUIREMENTS Before a big-box development can obtain coverage under Wisconsin's WPDES General Permit for construction site storm water discharges, the developer must file a Notice of Intent (NOI) with Commerce. The NOI verifies that the construction plans include a(n):29 The Erosion Control Plan must include:
Examples of Best Management Practices (BMP) for big-box developments are included in How Can I Use This Information? POST-CONSTRUCTION REQUIREMENTS Although the Storm Water Management Plan needs to be developed prior to construction, most aspects of the plan are implemented and maintained after construction is complete. The Storm Water Management Plan includes strategies to:
Again, developers are expected to meet these requirements “to the maximum extent practicable.”43 This standard is relatively untested. Finally, the Storm Water Management Plan should include a Long-Term Maintenance Agreement for storm water control. The Long-Term Maintenance Agreement is:
Both WPDES construction site storm water permit coverage and erosion control and storm water management requirements set forth in the permit end once a construction site reaches “final stabilization.”46 The Long-Term Maintenance Agreement covers storm water discharges after the WPDES coverage ends.47 Again, for commercial developments, Commerce is the lead agency when it comes to enforcing these agreements with big-box developers/owners.48
HOW CAN I USE THIS INFORMATION TO OPPOSE BIG-BOX DEVELOPMENT? ADDRESSING DEVELOPMENTS PRE-CONSTRUCTION Storm water regulations are relevant before, during and after the construction process. Action 1) Contact Commerce and DNR, explain your concerns and check on the NOI review process Background: Unfortunately, the WPDES storm water permitting process is not the best avenue to address concerns about storm water. Although plans are generated before construction begins, there is no public comment period to address concerns over the plans.49 Formal public comment is currently restricted to comments on the General Permit as a whole.50 As mentioned above, developers are required to submit a Notice of Intent (NOI) form to the Department of Commerce (“Commerce”) confirming that the development’s Erosion Control Plan and Storm Water Management Plan meet NR 216.46 and NR 216.47, Wis. Adm. Code, requirements. Commerce and DNR then make decisions, without public input, regarding coverage. Currently, most big-box developments fall within the scope of the State’s General Permit for construction activity and, therefore, are not subject to public review. What you can do: While participation in the permitting process is somewhat difficult, there are avenues to express your opinion and push Commerce and DNR to pay attention to a proposed construction site. First, when a known development is on the horizon, it can help to call Commerce and DNR with questions and/or comments regarding the site's potential impacts. Comments to Commerce and/or DNR can help in a couple of ways:
Second, you can submit an Public Records Request that requests the Notices of Intent, Erosion Control Plan and Storm Water Management Plan. When you receive these documents, analyze them for potential flaws or inaccuracies. If you identify flaws, call and write to Commerce and DNR. Action 2) Projects need to obtain a zoning permit from the local governing body ( i.e. Plan Commission) Background: Beyond DNR and Commerce, local government plays a role in approving storm water plans. As discussed in the Zoning and Local Land-Use Law section, big-box developments often require re-zoning and/or annexation of property. When reviewing a zoning or annexation proposal, Planning Commissions and City Councils will often review plans for the site. Sometimes storm water plans are available with the building plans and can be assessed through Public Records requests (see Public Records Law). Additionally, City Council and Plan Commission meetings can be very educational with regard to specific storm water control plans. Even if the site is pre-zoned for commercial development, the developer must obtain a local permit before construction. Large developments often require conditional use permits. When reviewing a permit application, the City, Village or County Plan Commission will generally address storm water plans. Therefore, storm water plans are often the subject of public Plan Commission meetings and available for public review and comment. What you can do: You can request Erosion Control and Storm Water Management Plans from the City Clerk through a public records request. Additionally, you can go to Plan Commission and City Council meetings and voice your concern. Plan Commissions can require sites to meet storm water requirements beyond those listed in the WPDES permit. Again, even if there is no formal public comment period, you can still submit written comments to, and even meet with, local officials. THE EARLIER YOU VOICE YOUR OPINION, THE BETTER!
MONITORING DEVELOPMENTS DURING CONSTRUCTION Community members are often the eyes and ears of regulatory agencies in As residents pass by any construction site, they should ask: Question 1) Is it a commercial development? Does it look like they are building a multi-family residential development or commercial development (including places of employment, public buildings)? This will let you know which agency (Commerce or DNR) to contact. Contact: 1) Wisconsin Department of Commerce (Commerce) for multi-family housing and "commercial" building sites (NOTE: One and two-family housing may be under Commerce's jurisdiction soon!), 2) Wisconsin Department of Transportation (DOT)54 for major road projects or 3) Wisconsin Department of Natural Resources (DNR) for all other sites.
Question 2) Is construction on-going? The source of erosion control and storm water management requirements differ depending on the stage of development. If construction activity is still taking place and/or the land appears to be under construction (graded, not full vegetative cover, etc.), then the construction site should be subject to WPDES permit restrictions.55 These permit restrictions include the Erosion Control and Storm Water Management Plan requirements in NR 216.46 and NR 216.47 (See CONSTRUCTION AND POST-CONSTRUCTION REQUIREMENTS). If the site appears to be completed, then the site needs to comply with a Long-Term Maintenance Agreement. (See POST CONSTRUCTION REQUIREMENTS.) Both plans require storm water controls and maintenance of Best Management Practices (BMPs), however the specific practices may change after construction is completed.
Question 3) Has the project obtained WPDES permit coverage? If a plot of land, one acre (1) or larger, is under construction, the development should generally be covered by a WPDES Storm Water Construction permit. Most often, this coverage will come from the General Permit, but the site may require an individual permit. Either way, there should be some record of their Notice of Intent (NOI) or individual permit application on file with the DNR or Commerce. Check the list of covered sites on the DNR Storm Water Permit Data website and/or contact the DNR directly. If the site is not covered by either the General Permit or and individual permit, take the appropriate enforcement action.
Question 4) Are there storm water management control measures in place? For on-going construction sites you should look for any signs of Best Management Practices (BMP). Examples of BMPs are given below, as well as in the Wisconsin Construction Best Management Practice Handbook. Spotting violations is difficult because BMPs are different from site to site. Each individual development site will select a combination of BMPs that are designed to reach their goals to the “maximum extent practicable.”57 The lack of uniform erosion control measures makes it difficult to know whether the construction site is violating a storm water erosion plan. However, the failure to employ basic controls can signal potential violations. Most notably, there should generally be some evidence of erosion control measures being taken beyond the black netting on storm water inlets. At construction sites that are 1 acre or larger (every big-box development), you should see at a minimum:58 Silt Fence: Temporary sediment barrier of entrenched permeable geo-textile fabric designed to intercept and slow the flow of sediment-laden runoff. The silt fence should be partly submerged to prevent water from running beneath it. Straw bales may also be used. Storm Drain Inlet Protection: A temporary barrier installed around a storm drain inlet, drop inlet or curb inlet. Some Method of Cleaning Tires from Construction Vehicles: Stone Tracking Pads (stones on the construction site to keep tires from direct contact with the dirt) and/or Tire Washing are required so dirt is not tracked off the site.59 While not necessarily required, you should keep your eye out for other BMPs, including: Storm Water Sediment Basin: A sediment basin is a small man-made depression that collects storm water. The basin allows the sediment to settle to the bottom. The basin is “de-watered” through drainage holes in the side of the basin or other drainage methods. Sediment Traps: Sediment control device formed by excavation and/or embankment to intercept sediment-laden runoff and to retain the sediment. Construction Site Diversion: A temporary berm or channel constructed across a slope to collect and divert runoff. Channel Erosion Mats: A protective soil cover of straw, wood, coconut fiber of other suitable plant residue, or plastic fibers formed into a mat, usually with a plastic or biodegradable mesh on one or both sides. Use near navigable waters should be “limited.”60 Mulching: Mulching is the application of organic material to the soil surface to protect it from raindrop impact and overland flow. . . Mulch shall consist of natural biodegradable material such as plant residue (including but not limited to straw, hay, wood chips, bark and wood cellulose fiber), or other equivalent materials of sufficient dimension (depth or thickness) and durability to achieve the intended effect for the required time period.61 Watch for Poor Quality/Functionality: Erosion controls that are in poor condition may also signal permit violations.62 Check to make sure the practices are working. Have the erosion control devices been cleaned recently? Can you see a stream of water running from off of the construction site? If you do not see these BMPs, or if the BMPs seem like they are malfunctioning (they are not trapping sediment), then take the appropriate enforcement action. When in doubt, call the appropriate agency.
MONITORING DEVELOPMENTS POST-CONSTRUCTION As mentioned in the tool-kit sections on Storm Water Management Plans and Long-Term Maintenance Agreements , big-box developments have an on-going responsibility to manage storm water discharges.63 Based on the “agreement” between the developer/owner and Commerce/ DNR, the owners must maintain all long-term storm water management practices or risk prosecution by DNR and/or Commerce.64 (See WHAT CAN I DO IF I FIND A VIOLATION?.) Typical long-term storm water management practices include: Infiltration basin: An open impoundment (greater than 15 feet wide in its minimum dimension) created either by excavation or embankment with a flat, densely vegetated floor dedicated to the infiltration of the runoff through the ground surface. Pre-treatment of the water may be required.
Pavement Placement: Watch for pavement near what seem to be natural water bodies. If the water body is natural, then the pavement may violate protective area post-construction storm water management requirements.65 If the water body is an infiltration area (human-made), it is not subject to these requirements. No Open Contaminants: People can monitor big-box parking lots for contaminants that may come into contact with storm water. Some big-box parking lots are used to store of potentially hazardous materials (i.e. fertilizers, garbage, solvents, etc.). Also, many home improvement stores, like Home Depot, have an outdoor section of the store. Storm water runoff that comes into contact with these substances should be treated or contained.66 Specifically, oil and gasoline contamination is a concern in big-box parking lots, especially Wal-Mart Supercenters. Storm water should not contain a “visible sheen” or oily appearance from contact with petroleum products.67 At Wal-Mart Supercenters, there are multiple areas where storm water could be contaminated with oil and gas. First, Wal-Mart Supercenters have quick service oil change and lube shops. Often located in the rear of the Supercenter, these auto shops may be the source of oil leaks and other auto-related storm water contamination. Second, at all big box developments, there are a large number of distribution trucks dock to unload new stock. These docking areas may accumulate pools of leaking oil and gas from distribution trucks. Finally, a 150,000 square foot big-box development will generally have a parking lot that is roughly 6 to 10 acres, based on a conservative range of estimates.68 Big-box parking lots create about 25,000 gallons of storm-water per acre during a 1-inch rain storm.69 Runoff from the parking lots will most likely come into contact with oil and gas. The amount of oil and gas that runs off of these parking lots may require oil/gas separation devices and other similar Best Management Practices.70 If anyone sees petroleum contaminated run-off from any of these areas, a complaint should be filed with Commerce. (See WHAT CAN I DO IF I FIND A VIOLATION?).
WHAT CAN I DO IF I FIND A VIOLATION? Residents that find potential storm water management violations at commercial developments should take the following steps.71 Step 1) Contact the Department of Commerce (608-266-1018): When in doubt, call Commerce.
If not, the developer is constructing without WPDES permit coverage. While it should be rare that large corporations construct big-boxes without permits, it continues to happen across the country.72 Given the large nature of state government agencies, people should be prepared to follow-up of their complaints with phone calls and e-mails. Finally, public records requests may be used to double check that your complaint was properly filed and pursued.
Commerce is required to enforce all violations of NR 216.46 (erosion control) and NR 216.47 (storm water management).73 Among other enforcement efforts, Commerce has the option of pursuing (1) Notice of Noncompliance, (2) Stop Work orders, (3) remedial action, (4) injunctions, (5) forfeitures, or (6) refer to DOJ for further legal action.74 If there is no permit coverage, request that Commerce refer the case to the Department of Justice for prosecution and/or contact Midwest Environmental Advocates.
Step 2) Contact Department of Natural Resources (DNR). The DNR delegates responsibility to Commerce to regulate Erosion Control and Storm Water Management Plans at commercial buildings.75 Still, the DNR has WPDES enforcement authority over commercial sites and should retain enforcement authority over long-term storm water management.76 The DNR has authority under section 283.89, Wis. Stat. to enforce the Department’s rules which include the Long-Term Maintenance Agreement requirements.77 If Commerce is not regulating these sites “in a manner that is equivalent to [NR 216],” then DNR should step in and enforce the plans.78 Step 3) Local Authorities Local governments retain power to control building requirements as long as the rules and orders comply with Commerce rules and orders.79 Often local ordinances have storm water requirements and zoning/building permits are issued with storm water restrictions attached. The City Attorney’s Office or equivalent local law enforcement office can enforce violations of these ordinances. Furthermore, many local government agencies are Certified Municipalities and are allowed to take enforcement actions on behalf of Commerce, such as stop-work orders. Step 4) Contact MEA regarding a possible Clean Water Act Citizen Suit Please Contact
CONCLUSION Storm water regulations serve as a major tool for minimizing the environmental effects of big-box development. While the current permitting structure does not lend much room for public participation before permit approval, the public plays a valuable role in storm water enforcement. Many of the recent environmental lawsuits against Wal-Mart and other big-box developments have stemmed from storm water permit violations.80 Unfortunately, on big-box development sites across the state, violations continue due to the lack of field inspectors. With a basic understanding of storm water permits and Best Management Practices, members of the public can be the state’s eyes and ears. Whether or not problems with Erosion Control and Storm Water Management Plans will convince a local Plan Commission to refuse a zoning/building permit or the DNR to deny all permit coverage, the storm water regulations can serve to drastically reduce the largest source of water pollution from these sites. Always keep an eye out for construction sites and new parking lots. Our rivers and lakes need your help. Back To Sustaining Communities 2. 40 C.F.R. 122.26(b); 55 Fed. Reg. 47990 ( 4. 40 C.F.R. 122.26(b); 55 Fed. Reg. 47990 ( 5. 40 C.F.R. 122.26(b)(15)(i); 64 FR 68722 ( 6. Wis. Adm. Code § NR 216.42(1). 7. Transportation projects that are supervised by DOT (larger construction of highways, bridges…etc.) are covered by Wis. Adm. Code § Trans 401 (erosion and storm water control requirements) 9. See WDNR and EPA. “Memorandum of Agreement Between the State of Wisconsin Department of Natural Resources and United States Environmental Protection Agency, Region V.” 10. See 11. See i.e. Wis. Adm. Code § NR 216.46 (Erosion Control) and NR 216.47 (Storm Water Management) 12. WPDES General Permit To Discharge Under the 13. See Wis. Adm. Code § NR 216.42(4). Note: Commerce’s authority and responsibility is set forth in the following statues and rules regarding erosion control and storm water management: Wis. Stat. § 101.1205 (Wisconsin Legislature’s delegation of power to Commerce to establish erosion control standards for commercial buildings. Commerce is supposed to consult DNR before establishing standards.); Wis. Adm. Code § Comm. 61.115 (Department of Commerce’s rules for construction site soil erosion control. These rules require all commercial buildings to meet the erosion control plan and storm water management plan requirements set forth by DNR in NR 216.46 and 216.47, respectively.) Notably, the source of DNR’s Clean Water Act authority, ch. 283 of the Wisconsin Statutes, does not mention the use of Commerce in screening applicants or enforcing the federally-based standards. Whether or not it is a legal shift of responsibility, Commerce currently has an enormous role in Clean Water Act permitting and enforcement for big-box developments. In order to make a difference, needs to have lots of communication with Commerce. 14. Wis. Adm. Code § NR 216.42(4); Wis. Adm. Code § Comm 61.115; DNR, “Does Your Construction Site Need a Storm Water Permit: A guide to Wisconsin Erosion Control and Storm Water Management Permit Requirements.” March 2005. 15. Wis. Adm. Code § NR 216.42(4). 16. Wis. Adm. Code § NR 216.42(4). 17. Wis. Adm. Code § NR 216.42(4) 18. DNR, “Does Your Construction Site Need a Storm Water Permit: A Guide to 19. Wis. Adm. Code §§ NR 216.46; NR 216.47 20. Wis. Adm. Code § Comm. 61.115(3) 21. See Department of Commerce Form 3400-161 (SBD-10367)(R 03/2005) “Commercial Buildings Construction Site Notice of Intent.” 22. Wis. Adm. Code § Comm. 61.115(4) 23. Wis. Adm. Code § NR 216.44(1). 24. See i.e. Wis. Adm. Code § Comm. 61.115(1)(e). 25. For example, roads and other construction around the commercial site. See DNR, “Does Your Construction Site Need a Storm Water Permit: A Guide to 26. Wis. Adm. Code § NR 216.42(4); Wis. Adm. Code § Comm 61.115 27. Wis. Adm. Code § Comm. 61.115(1)(d). 28. See 29. Wis. Adm. Code § Comm. 61.115(1)(a),(2); Wis. Adm. Code § NR 216.44(2) 30. Wis. Adm. Code § NR 216.46 31. Wis. Adm. Code § NR 216.47(1)-(4) 32. Wis. Adm. Code § NR 216.47(1)-(4) 33. See Wis. Adm. Code § NR 216.46; Wis. Adm. Code § NR 151.11(5),(6). 34. Wis. Adm. Code §§ NR151.11(6); NR 151.002(15). Note: Opinions vary on the meaning of “maximum extent practicable,” and 35. Wis. Adm. Code § NR 151.12(5)(a). 36. Wis. Adm. Code § NR 151.12(5)(b). 37. Wis. Adm. Code § NR 151.12(5)(c)(2). 38. Wis. Adm. Code § 151.12(c)(4). 39. Wis. Adm. Code § 151.12(c)(5). 40. Wis. Adm. Code § 151.12(d)(1)(a)-(d). 42. Wis. Adm. Code § NR 151.12(e). 43. Wis. Adm. Code § NR 216.47 44. Wis. Adm. Code § NR 216.47(5); NR 216.005; Wis. Adm. Code § Comm. 61.115(1)(a). 45. Wis. Adm. Code § NR 216.47(5) 46. Wis. Adm. Code § 216.55(a), See Construction and Post-construction requirements. 47. As DNR notes in NR 216.005, “pursuant to the requirements to maintain the long-term storm water management practices in accordance with ss. NR 151.12 and 151.24, the department may take enforcement action under this section [NR 216] and s. 281.08, Stats., against a landowner for not maintaining long-term storm water management practices.” 48. Both DNR and Commerce are required to regulate storm water management plans according to the provisions in NR 216.47 and, therefore, the standards for long-term maintenance agreements apply to all construction projects, regardless of which agency takes the lead role. However, it is important to know which agency has the responsibility to monitor these sites and follow up on complaints. Due to the NR 216.42(4) exception, the Department of Commerce would be the agency retaining authority to ensure compliance with a big-box development’s long-term maintenance plans. 49. See Similarly, the public has no ability to challenge endangered species review with regards to individual projects’ NOIs. 51. Wis. Adm. Code § Comm. 61.115(3) 53. See http://www.commerce.state.wi.us/SB/SB-DivOrg.html 54. See Wis. Adm. Code § Trans. 401; NR 216.42(5). Major highway and bridge projects, supervised by DOT, are regulated by DOT. 55. Wis. Adm. Code § NR 216.42 57. See Wis. Adm. Code §§ NR 216.46; NR 216.47 58. Unless noted, all language from DNR Website on Technical Standards: http://www.dnr.state.wi.us/org/water/wm/nps/stormwater/techstds.htm (last visited Jan. 31 (2006)) 59. See http://www.dnr.state.wi.us/org/water/wm/nps/stormwater/techstds.htm (last visited Jan. 31 (2006)) 60. http://www.dnr.state.wi.us/org/water/wm/nps/stormwater/techstds.htm 61. All language from DNR Website on Technical Standards: http://www.dnr.state.wi.us/org/water/wm/nps/stormwater/techstds.htm 62. Wis. Adm. Code § NR 216.46(9). 65. Wis. Adm. Code § NR 151.12(d) 66. Wis. Adm. Code § NR 151.11(6)(d). 67. Wis. Adm. Code § NR 151.12(e). 68. Based on the conversion: 1 acre = 44,560 sq. ft. According to Sierra Club’s Big Box Sprawl Webpage, parking lots on Wal-Marts and other big-boxes are generally three (3) times as large as the store. http://www.sierraclub.org/sprawl/reports/big_box.asp. Other sources have estimated parking lot size as high as 4 to 7 times as large as the store. Wal-Mart Spokeswoman Mia Masten estimates that Wal-Marts take up generally 11 acres. 69. http://www.sierraclub.org/sprawl/reports/big_box.asp. 70. Wis. Adm. Code § NR 151.12(c)(4) 71. WPDES General Permit for “Land Disturbing Construction Activities Including Clearing Grading and Excavating Activities Which Will Result in the Disturbance of Five or More Acres,” issued on August 27, 2001 applies to all construction activity commencing after September 30, 2001. This is a re-issuance of the 1994 General Permit covering the same sites. Therefore, sites before 1994 may be exempt from these requirements. Contact Department of Natural Resource with regards to pre-1994 developments. 72. U 73. Wis. Adm. Code § Comm 61.115(1)(a),(d); NR 216.47(5). 74. See 75. Wis. Adm. Code § NR 216.42(4). 76. Wis. Adm. Code §§ NR 216.47(5); NR 216.005. 78. Wis. Adm. Code § NR 216.42(4) 80.
|
.jpg){kind=spacer}
.jpg)
