A.
Design criteria, standards and specifications. All BMPs required
to comply with this chapter shall meet the design criteria, standards
and specifications based on any of the following:
(1)
Design guidance and technical standards identified or developed by
the Wisconsin Department of Natural Resources under Subchapter V of
Ch. NR 151, Wis. Adm. Code.
(2)
Technical standards and other guidance identified within the Town
of Grand Chute Erosion and Sediment Control Reference Guide.
(3)
Soil loss prediction tools, such as the Revised Universal Soil Loss Equation 2 (RUSLE2), that estimate the sediment load leaving the site under varying land and management conditions may be used to show compliance with the sediment performance standards pursuant to § 275-7B of this chapter.
(4)
In this chapter, average annual basis is calculated using the appropriate
annual rainfall or runoff factor, also referred to as the "R factor,"
or an equivalent design storm using a Type II distribution, with consideration
given to the geographic location of the site and the period of disturbance.
B.
Other standards. Other technical standards not identified in this
chapter may be used, provided that the methods have been approved
by the administering authority.
A.
Nonpermitted sites.
(1)
Responsible party. The landowner of the construction site, or other
person contracted or obligated by other agreement with the landowner
to implement and maintain construction site BMPs, is a responsible
party and shall comply with the requirements of this chapter.
(2)
Requirements. At each site where land disturbing construction activity
is to occur, BMPs shall be used to prevent or reduce all of the following:
(a)
The deposition of soil from being tracked onto streets by vehicles.
(b)
The discharge of sediment from disturbed areas into stormwater
inlets.
(c)
The discharge of sediment from disturbed areas into adjacent
waters of the state.
(d)
The discharge of sediment from drainageways that flow off the
site.
(e)
The discharge of sediment by dewatering activities.
(f)
The discharge of sediment eroding from soil stockpiles existing
for more than seven days.
(g)
The discharge of on-site chemicals, cement and other building
compounds and materials into waters of the state or off-site separate
storm sewers 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 chapter.
(3)
Location. BMPs shall be located so that treatment occurs before runoff
enters waters of the state and off-site separate storm sewers. However,
projects that require BMP placement in waters of the state, such as
a turbidity barrier, are not prohibited by this chapter.
(4)
Implementation. The BMPs used to comply with the requirements of
this chapter shall be implemented as follows:
(a)
Erosion and sediment control practices shall be constructed
or installed before land disturbing construction activities begin.
(b)
Erosion and sediment control practices shall be maintained until
final stabilization.
(c)
Final stabilization activity shall commence when land disturbing
construction 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.
(5)
Alternate requirements. The administering authority may establish
erosion and sediment control requirements more stringent than those
set forth in this chapter if the administering authority determines
that an added level of protection is needed to protect resources.
B.
Permitted sites.
(1)
Responsible party. The landowner or other person performing services
to meet the performance standards of this chapter, through a contract
or other agreement with the landowner, is a responsible party and
shall comply with the requirements of this chapter.
(2)
Plan. A written erosion and sediment control plan shall be developed and implemented by the responsible party in accordance with § 275-9 of this chapter and shall meet all other applicable requirements contained herein.
(3)
Requirements. The erosion and sediment control plan shall meet all
of the following:
(a)
The plan shall use BMPs 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 stormwater
inlets.
[3]
The discharge of sediment from disturbed areas into adjacent
waters of the state.
[4]
The discharge of sediment from drainageways 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 seven days.
[7]
The discharge of sediment from erosive flows at outlets and
in downstream channels.
[8]
The discharge of on-site chemicals, cement and other building
compounds and materials into waters of the state or off-site separate
storm sewers 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 chapter.
[9]
The discharge of untreated wash water from vehicle and wheel
washing into waters of the state or off-site separate storm sewers.
(b)
For sites with one acre or more of land disturbing construction
activity, the plan shall meet the following sediment performance standards:
[1]
BMPs that, by design, discharge no more than five tons per acre
per year, or to the maximum extent practicable, of the sediment load
carried in runoff from initial grading to final stabilization.
[2]
Except as provided in § 275-7B(6), the administering authority may not require any person to employ more BMPs than are needed to meet the five-tons-per-acre-per-year sediment performance standard in order to comply with the maximum extent practicable. Erosion and sediment control BMPs may be combined to meet the sediment performance standard. The administering authority may give credit toward meeting the sediment performance standard for limiting the duration and/or area of land disturbing construction activity or for other appropriate mechanisms.
[3]
Notwithstanding the provisions in § 275-7B(3)(b)[1] and [2], if BMPs cannot be designed and implemented to meet the five-tons-per-acre-per-year 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.
(c)
The plan shall incorporate all of the following preventative
measures:
[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.
(4)
Location. BMPs shall be located so that treatment occurs before runoff
enters waters of the state and off-site separate storm sewers. However,
projects that require BMP placement in waters of the state, such as
a turbidity barrier, are not prohibited by this chapter.
(5)
Implementation. The BMPs used to comply with the requirements of
this chapter shall be implemented as follows:
(a)
In accordance with the plan developed pursuant to § 275-9, the erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin.
(b)
Erosion and sediment control practices shall be maintained until
final stabilization.
(c)
Final stabilization activity shall commence when land disturbing
construction 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.
(6)
Targeted performance standards. The administering authority may establish numeric water quality requirements that are more stringent than those set forth in § 275-7B(3) in order to meet targeted performance standards, total maximum daily loads, and/or water quality standards for a specific water body or area. The numeric water quality requirements may be applicable to any permitted site, regardless of the size of land disturbing construction activity.
(7)
Alternate requirements. The administering authority may establish
erosion and sediment control requirements more stringent than those
set forth in this chapter if the administering authority determines
that an added level of protection is needed to protect resources.
Additionally, the administering authority may establish erosion and
sediment control requirements less stringent than those set forth
in this chapter if the administering authority determines that less
protection is needed to protect resources. However, the alternative
requirements shall not be less stringent than those requirements promulgated
in rules by Wisconsin Department of Natural Resources under Ch. NR
151, Wis. Adm. Code. The established additional requirements shall
be provided to the applicant in writing.
A.
Permit required. When a permit is required, no responsible party
may undertake a land disturbing construction activity without prior
approval of an erosion and sediment control plan for the site and
receipt of a permit from the administering authority.
B.
Permit application and fees. When a permit is required, any responsible party desiring to undertake a land disturbing construction activity shall submit to the approving authority a permit application made on a form provided by the administering authority for that purpose. Unless otherwise excepted by this chapter, a permit application must be accompanied by an erosion and sediment control plan that meets the requirements set forth in § 275-9 and a nonrefundable permit administration fee established by the Town of Grand Chute as set forth in § 275-10.
C.
Review and approval of permit application. The administering authority
shall review any permit application that is submitted with an erosion
and sediment control plan and the required fee. The following approval
procedure shall be used:
(1)
If the permit application and plan are approved, the administering
authority shall issue the permit.
(2)
If the permit application or plan is disapproved, the administering
authority shall state, in writing, the reasons for disapproval.
(3)
The administering authority may request additional information from
the applicant. If additional information is submitted, the administering
authority shall inform the applicant that the plan is either approved
or disapproved.
D.
Financial guarantee. As a condition of approval and issuance of the
permit, the administering authority may require the applicant to deposit
a surety bond, cash escrow, or irrevocable letter of credit to guarantee
a good faith execution of the approved erosion and sediment control
plan and any permit conditions. The financial guarantee shall be in
an amount determined by the administering authority to be the estimated
cost of construction and the estimated cost of maintenance of the
practices called for in the erosion and sediment control plan. The
administering authority may require the site to be certified by a
licensed professional engineer. The financial guarantee shall grant
the administering authority the authorization to use the funds to
complete the erosion and sediment control practices if the responsible
party defaults or does not properly implement the approved erosion
and sediment control plan, upon written notice by the administering
authority that the requirements of this chapter have not been met.
(1)
The administering authority shall release the portion of the financial
guarantee established under this chapter, less any costs incurred
by the administering authority to complete installation of practices,
upon submission of as-built plans by a licensed professional engineer.
The administering authority may make provisions for a partial pro-rata
release of the financial guarantee based on the completion of various
development stages.
E.
Permit requirements. All permits issued under this chapter shall be subject to the following conditions, and holders of permits issued under this chapter shall be deemed to have accepted these conditions. The administering authority may suspend or revoke a permit for violation of a permit condition, following written notification to the responsible party. An action by the administering authority to suspend or revoke this permit may be appealed in accordance with the provisions in § 275-13 of this chapter.
(1)
Notify the administering authority within 48 hours of commencing
any land disturbing construction activity.
(2)
Obtain permission, in writing, from the administering authority prior to any modification of the erosion and sediment control plan, pursuant to § 275-9B of this chapter.
(3)
Install all BMPs as identified in the approved erosion and sediment
control plan.
(4)
Maintain all road drainage systems, stormwater drainage systems,
BMPs and other facilities identified in the erosion and sediment control
plan.
(5)
Repair any siltation or erosion damage to adjoining surfaces and
drainage ways resulting from land disturbing construction activities,
and document repairs in weekly inspection reports.
(6)
Conduct construction site inspections at least once per week and
within 24 hours after a precipitation event of 0.5 inch or greater.
Repair or replace erosion and sediment control BMPs as necessary within
24 hours of an inspection or notification that repair or replacement
is needed. Maintain, at the construction site, weekly written reports
of all inspections. Weekly inspection reports shall include all of
the following: date, time and location of the construction site inspection;
the name of the individual who performed the inspection; an assessment
of the condition of erosion and sediment controls; a description of
any erosion and sediment control BMP implementation and maintenance
performed; and a description of the present phase of land disturbing
construction activity at the construction site.
(7)
Allow the administering authority to enter the site for the purpose
of inspecting for compliance with the erosion and sediment control
plan or for performing any work necessary to bring the site into compliance
with said plan. Keep a copy of the erosion and sediment control plan,
stormwater management plan, amendments, weekly inspection reports,
and permit at the construction site until permit coverage is terminated.
(8)
The permit applicant shall post the certificate of permit coverage
in a conspicuous location at the construction site.
G.
Permit duration. Permits issued under this chapter shall be valid
for a period of 180 days from the date of issuance or the length of
the building permit or other construction authorizations, whichever
is longer. The administering authority may extend the period one or
more times for up to an additional 180 days. The administering authority
may require additional BMPs as a condition of the extension if they
are determined necessary to meet the requirements of this chapter.
H.
Maintenance. The responsible party shall maintain all BMPs necessary
to meet the requirements of this chapter until the site has undergone
final stabilization.
I.
Alternate requirements. The administering authority may prescribe
requirements less stringent for applicants seeking a permit for a
construction site with less than one acre of land disturbing construction
activity.
A.
Plan requirements. The erosion and sediment control plan required under the provisions of § 275-7B shall comply with the Town of Grand Chute Erosion and Sediment Control Reference Guide and contain, at a minimum, the following information:
(1)
Name, address, and telephone number of the landowner and responsible
parties.
(2)
A legal description of the property proposed to be developed.
(3)
A site map with property lines, disturbed limits, and drainage patterns.
(4)
Total area of the site and total area of the construction site that
is expected to be disturbed by construction activities.
(5)
Performance standards applicable to the site.
(6)
Proposed best management practices.
(7)
Erosion and sediment control plan narrative.
(8)
Construction sequence and construction schedule.
(9)
The erosion and sediment control plan shall include, at a minimum,
the items specified in the Town of Grand Chute Erosion and Sediment
Control Reference Guide and RUSLE2.
B.
Amendments. The applicant shall amend the erosion and sediment control
plan if any of the following occur:
(1)
There is a change in design, construction, operation, maintenance
or schedule at the site, which has the reasonable potential for the
discharge of pollutants to waters of the state or off-site separate
storm sewers, and which has not otherwise been addressed in the plan.
(2)
The actions required by the plan fail to reduce the impacts of pollutants
carried by construction site runoff.
(3)
The administering authority notifies the applicant of changes needed
in the plan.
C.
Alternate requirements. The administering authority may prescribe
requirements less stringent for applicants seeking a permit for a
construction site with less than one acre of disturbance.