Wis. Admin. Code Department of Natural Resources NR 213.06 - Exemptions from ch NR 213
(1) The department may allow exemptions from
the design standards and material requirements described in this chapter if the
owner or operator can demonstrate that such design standards and material
requirements are more stringent than necessary to comply with the provisions of
ch. NR 140 and chs. 160 and 283, Stats. The owner or operator shall justify
such an exemption from the design standards and material requirements of this
chapter by demonstrating that the alternative design will comply with the
following performance criteria:
(a) That
pollutant dilution, dispersion or degradation will occur within the design
management zone as defined in ch. NR 140;
(b) That increases of substances in the
groundwater from lagoons, storage structures and treatment structures at the
site will be minimized to the extent technically and economically feasible;
and
(c) That applicable groundwater
and surface water standards will not be exceeded.
(2) The department shall consider the
following factors when reviewing an alternative design in consideration of
granting an exemption:
(a) Physical
characteristics of the site, such as soil texture, soil permeability, depth to
groundwater and depth to and type of bedrock.
(b) Age and condition of an existing
structure.
(c) Analytical data from
existing groundwater monitoring wells or any that may be installed as part of
the demonstration.
(d) The quantity
and composition of the materials stored or treated at the facility.
(e) The compatibility between the materials
stored or treated and the lining of the storage or treatment unit.
(f) Any other information relevant to the
environmental impacts of the facility's operations.
(3) SUBMITTING AN EXEMPTION REQUEST-NEW OR
MODIFIED STRUCTURES. The owner or operator of a new or modified lagoon, storage
structure or treatment structure may request an exemption from the design
standards and material requirements of this chapter by submitting facts to the
department:
(a) In the application for
issuance, reissuance or modification of WPDES permit, or
(b) In plans and specifications for a new or
expanded lagoon, storage structure or during the 90-day plan approval period as
specified in s.
281.41, Stats.,
or
(c) During the 30-day public
comment period following public notice by the department of intent to issue,
reissue or modify a WPDES permit under s.
283.39, Stats.,
or
(d) At a public hearing held
under s.
283.49 or
283.63,
Stats.
(4) SUBMITTING AN
EXEMPTION REQUEST-EXISTING STRUCTURES. The owner or operator of a lagoon,
storage structure or treatment structure in existence prior to July 1, 1990 may
request an exemption from the design standards and material requirements of
this chapter. If an exemption is not granted, the department shall propose to
issue a new WPDES permit or modify the existing WPDES permit to include a
schedule of compliance to achieve the purpose of this chapter.
Notes
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