SB1,140,74
2. The department may not approve an application under par. (g) 1. for a
5withdrawal for the purpose of providing water to a public water supply system that
6is covered by an approved water supply service area plan under s. 281.348 unless the
7withdrawal is consistent with the water supply service area plan.
SB1,140,178
(h)
Standards for approval of certain modifications. 1. Except as provided in
9par. (gm), the department may not approve an application under par. (g) 1., if the
10person proposes to increase the amount of the withdrawal so that it equals 1,000,000
11or more gallons per day for any 30 consecutive days over the withdrawal amount as
12of the beginning of the current permit term, the compact's effective date, or the date
13that the department issued a modified permit for the withdrawal if the modification
14was subject to the state decision-making standard under sub. (5m) or the compact
15decision-making standard under sub. (6), whichever is latest, and if subd. 2. does not
16apply, unless the increased withdrawal meets the state decision-making standard
17under sub. (5m).
SB1,140,2518
2. Except as provided in subd. 3. or par. (gm), the department may not approve
19an application under par. (g) 1., if the person proposes to increase the amount of the
20withdrawal so that it equals at least 10,000,000 gallons per day for any 30
21consecutive days over the withdrawal amount as of the beginning of the current
22permit term, the compact's effective date, or the date that the department issued a
23modified permit for the withdrawal if the modification was subject to the compact
24decision-making standard under sub. (6), whichever is latest, unless the withdrawal
25meets the compact decision-making standard under sub. (6).
SB1,141,8
13. A person who submits an application under par. (g) 1., to which subd. 2.
2would otherwise apply, may choose to demonstrate, using procedures specified in
3rules promulgated by the department, the water loss that will result from the
4increase in the withdrawal over the withdrawal amount as of the latest of the dates
5under subd. 2. If the person demonstrates that the resulting increase in water loss
6would average less than 5,000,000 gallons per day in every 90-day period, the state
7decision-making standard under sub. (5m), rather than the compact
8decision-making standard under sub. (6), applies to the increase in the withdrawal.
SB1,141,99
(i)
Term of permit. The term of an individual permit is 10 years.
SB1,141,1410
(j)
Reissuance. 1. A person to whom the department has issued an individual
11permit under this subsection or s. 281.344 (5) shall apply to the department for
12reissuance of the individual permit at least 180 days before the end of the term of the
13permit if the person intends to continue to withdraw from the Great Lakes basin at
14least 1,000,000 gallons per day for any 30 consecutive days.
SB1,141,1815
2. After receiving an application under subd. 1., the department shall, within
16the time limit established by the department by rule, determine whether to approve
17the application or notify the applicant of any additional information needed to
18determine whether to approve the application.
SB1,142,219
3. Except as provided in subd. 3m., if the department approves an application
20under subd. 1., determines that the person is in substantial compliance with the
21current individual permit, and has issued any approvals that are required for the
22withdrawal under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., the
23department shall reissue the individual permit. In the permit, the department shall
24specify a withdrawal amount that is equal to the amount in the current permit,
25except that, if the person proposes in the application to increase the amount of the
1withdrawal, the department shall specify a withdrawal amount that is, except as
2provided in subd. 3e., equal to the smallest of the following amounts:
SB1,142,83
a. The maximum hydraulic capacity of the most restrictive component of the
4water supply system used for the withdrawal for which the person has approval
5under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., or, if an approval
6under one of those provisions is not required for the most restrictive component of
7the water supply system, the maximum hydraulic capacity of the most restrictive
8component that the person proposes to use in the water supply system.
SB1,142,109
b. If an approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001
10stats., specifies a maximum amount of water that may be withdrawn, that amount.
SB1,142,1211
c. Any limit on the amount of the withdrawal necessary to ensure compliance
12with a decision-making standard applicable under par. (e) or (f).
SB1,142,1713
3e. If water is withdrawn through more than one water supply system to serve
14a facility and subd. 3. c. does not apply, the department shall determine the smallest
15amount under subd. 3. a. or b. for each of the water supply systems and shall specify
16a withdrawal amount that is equal to the sum of the amounts determined for each
17of the water supply systems.
SB1,142,2418
3m. If the department approves an application under subd. 1. for a withdrawal
19for the purpose of providing water to a public water supply system that is covered by
20an approved water supply service area plan under s. 281.348 and determines that
21the person is in substantial compliance with the current individual permit, the
22department shall reissue the individual permit. In the permit, the department shall
23specify a withdrawal amount that is equal to the withdrawal amount in the water
24supply service area plan.
SB1,143,2
14. If the department disapproves an application under subd. 1., the department
2shall notify the applicant in writing of the reason for the disapproval.
SB1,143,83
(jm)
Consistency with water supply plans; reissuance. 1. The department may
4not approve an application under par. (j) 1. for a withdrawal for the purpose of
5providing water to a public water supply system that serves a population of more
6than 10,000 if the person proposes to increase the amount of the withdrawal over the
7amount in the current permit, unless the public water supply system is covered by
8an approved water supply service area plan under s. 281.348.
SB1,143,129
2. The department may not approve an application under par. (j) 1. for a
10withdrawal for the purpose of providing water to a public water supply system that
11is covered by an approved water supply service area plan under s. 281.348 unless the
12withdrawal is consistent with the water supply service area plan.
SB1,143,2213
(k)
Standards for reissuance in certain cases. 1. Except as provided in par. (jm),
14the department may not approve an application under par. (j) 1., if the person
15proposes in the application to increase the amount of the withdrawal so that it equals
161,000,000 or more gallons per day for any 30 consecutive days over the withdrawal
17amount as of the beginning of the current permit term, the compact's effective date,
18or the date that the department issued a modified permit for the withdrawal if the
19modification was subject to the state decision-making standard under sub. (5m) or
20the compact decision-making standard under sub. (6), whichever is latest, and if
21subd. 2. does not apply, unless the increased withdrawal meets the state
22decision-making standard under sub. (5m).
SB1,144,523
2. Except as provided in subd. 3. or par. (jm), the department may not approve
24an application under par. (j) 1., if the person proposes in the application to increase
25the amount of the withdrawal so that it equals at least 10,000,000 gallons per day
1for any 30 consecutive days over the withdrawal amount as of the beginning of the
2current permit term, the compact's effective date, or the date that the department
3issued a modified permit for the withdrawal if the modification was subject to the
4compact decision-making standard under sub. (6), whichever is latest, unless the
5withdrawal meets the compact decision-making standard under sub. (6).
SB1,144,136
3. A person who submits an application under par. (j) 1., to which subd. 2. would
7otherwise apply, may choose to demonstrate, using procedures specified in rules
8promulgated by the department, the water loss that will result from the increase in
9the withdrawal over the withdrawal amount as of the latest of the dates under subd.
102. If the person demonstrates that the resulting increase in water loss would average
11less than 5,000,000 gallons per day in every 90-day period, the state
12decision-making standard under sub. (5m), rather than the compact
13decision-making standard under sub. (6), applies to the increase in the withdrawal.
SB1,144,2214
(L)
Prior notice. Beginning no later than 60 months after the compact's
15effective date, if a proposal for which approval is required under this subsection will
16result in a new water loss or an increase in a water loss that will average more than
175,000,000 gallons per day in any 90-day period, the department shall provide the
18other parties and the provinces of Ontario and Quebec, Canada, with detailed notice
19of the proposal and an opportunity to comment on the proposal. The department
20shall provide a response to any comment received under this paragraph. The
21department may not grant an approval under this subsection until at least 90 days
22after the day on which it provided notice under this paragraph.
SB1,145,923
(m)
Regional review. If a majority of the members of the regional body request
24regional review of a proposal described in s. 281.343 (4h) (a) 6. for a withdrawal and
25the department determines under s. 281.343 (4h) (b) 1. that the proposal is subject
1to regional review, the department shall conduct a technical review of the proposal
2and submit the proposal for regional review. The department may not determine
3under s. 281.343 (4h) (b) 1. that the proposal is subject to regional review unless the
4proposal will result in a water loss that will average more than 5,000,000 gallons per
5day in any 90-day period. If the department submits the proposal for regional
6review, the department may not act on the proposal until the proposal has undergone
7regional review and the department has considered the regional declaration of
8finding in determining whether to approve the proposal or until 90 days after the
9department submits the proposal for regional review, whichever is sooner.
SB1,145,1710
(n)
Information to be provided. A person who submits an application under par.
11(d) 1., (g) 1., or (j) 1. shall provide the information required by the department by rule.
12If a decision-making standard under sub. (5m) or (6) applies, the person shall
13provide information about the potential impacts of the withdrawal on the waters of
14the Great Lakes basin and water dependent natural resources. If the compact
15decision-making standard under sub. (6) applies, the person shall provide an
16assessment of the individual impacts of the proposal for the purposes of sub. (6) (b).
17The person may also include a cumulative impact assessment.
SB1,145,2018
(o)
Departmental modifications. After an opportunity for a hearing, the
19department may modify a permit issued under this subsection as necessary to ensure
20that a withdrawal complies with any applicable requirement under sub. (5m) or (6).
SB1,145,2421
(p)
Suspension and revocation. The department may suspend or revoke a
22permit issued under this subsection or s. 281.344 (5) for cause, including obtaining
23the permit by misrepresentation or failure to disclose material facts or substantially
24violating the terms of the permit.
SB1,146,5
1(q)
Transfer of control. A permit is not transferable to any person except after
2notice to the department. A person who proposes to assume control over a permitted
3withdrawal shall file with the department a permit application and a statement of
4acceptance of the permit. The department may require modification or revocation
5and reissuance of the permit to change the name of the permittee.
SB1,146,14
6(5e) Requirements for water supply service area plans for public water
7supply systems in the Great Lakes basin. (a)
Unpermitted withdrawals. 1.
8Beginning on the compact's effective date, the department may not approve a water
9supply service area plan under s. 281.348 that provides for a new withdrawal from
10the Great Lakes basin of at least 1,000,000 gallons per day for any 30 consecutive
11days, or for modification of an existing withdrawal that is not covered by a general
12permit under sub. (4s) or s. 281.344 (4s) so that it will equal at least 1,000,000 gallons
13per day for any 30 consecutive days, but to which subd. 2. does not apply, unless the
14withdrawal meets the state decision-making standard under sub. (5m).
SB1,146,2115
2. Beginning on the compact's effective date, except as provided in subd. 3., the
16department may not approve a water supply service area plan under s. 281.348 that
17provides for a new withdrawal from the Great Lakes basin of at least 10,000,000
18gallons per day for any 30 consecutive days, or for modification of an existing
19withdrawal that is not covered by a general permit under sub. (4s) or s. 281.344 (4s)
20so that it will equal at least 10,000,000 gallons per day for any 30 consecutive days,
21unless the withdrawal meets the compact decision-making standard under sub. (6).
SB1,147,322
3. A person who submits a water supply service area plan under s. 281.348, that
23provides for a new withdrawal to which subd. 2. would otherwise apply, may choose
24to demonstrate, using procedures specified in rules promulgated by the department,
25the water loss that will result from the withdrawal. If the person demonstrates that
1the water loss would average less than 5,000,000 gallons per day in every 90-day
2period, the state decision-making standard under sub. (5m), rather than the
3compact decision-making standard under sub. (6), applies to the withdrawal.
SB1,147,124
(b)
Increased withdrawals covered by general permits. 1. Beginning on the
5compact's effective date, the department may not approve a water supply service
6area plan under s. 281.348 that provides for modifying a withdrawal that is covered
7under a general permit under sub. (4s) or s. 281.344 (4s) so that the withdrawal
8equals 1,000,000 or more gallons per day for any 30 consecutive days over the
9withdrawal amount as of the date that the department issued the current notice of
10coverage under the general permit or as of the compact's effective date, whichever
11is later, and if subd. 2. does not apply, unless the withdrawal meets the state
12decision-making standard under sub. (5m).
SB1,147,2013
2. Beginning on the compact's effective date, except as provided in subd. 3., the
14department may not approve a water supply service area plan under s. 281.348 that
15provides for modifying a withdrawal that is covered under a general permit under
16sub. (4s) or s. 281.344 (4s) so that the withdrawal equals 10,000,000 or more gallons
17per day for any 30 consecutive days over the withdrawal amount as of the date that
18the department issued the current notice of coverage under the general permit or as
19of the compact's effective date, whichever is later, unless the withdrawal meets the
20compact decision-making standard under sub. (6).
SB1,148,421
3. A person who submits a water supply service area plan under s. 281.348, that
22provides for an increase in a withdrawal to which subd. 2. would otherwise apply,
23may choose to demonstrate, using procedures specified in rules promulgated by the
24department, the water loss that will result from the increase in the withdrawal over
25the withdrawal amount as of the later of the dates under subd. 2. If the person
1demonstrates that the resulting increase in water loss would average less than
25,000,000 gallons per day in every 90-day period, the state decision-making
3standard under sub. (5m), rather than the compact decision-making standard under
4sub. (6), applies to the increase in the withdrawal.
SB1,148,155
(c)
Increased withdrawals covered by individual permits. 1. Beginning on the
6compact's effective date, the department may not approve a water supply service
7area plan under s. 281.348 that provides for increasing the amount of a withdrawal
8that is covered under an individual permit issued under sub. (5) or s. 281.344 (5) so
9that it equals 1,000,000 or more gallons per day for any 30 consecutive days over the
10withdrawal amount as of the beginning of the current permit term, the compact's
11effective date, or the date that the department issued a modified permit for the
12withdrawal if the modification was subject to the state decision-making standard
13under sub. (5m) or the compact decision-making standard under sub. (6), whichever
14is latest, and if subd. 2. does not apply, unless the increased withdrawal meets the
15state decision-making standard under sub. (5m).
SB1,148,2516
2. Beginning on the compact's effective date, except as provided in subd. 3., the
17department may not approve a water supply service area plan under s. 281.348 that
18provides for increasing the amount of a withdrawal that is covered under an
19individual permit issued under s. sub. (5) or s. 281.344 (5) so that it equals 10,000,000
20or more gallons per day for any 30 consecutive days over the withdrawal amount as
21of the beginning of the current permit term, the compact's effective date, or the date
22that the department issued a modified permit for the withdrawal if the modification
23was subject to the compact decision-making standard under sub. (6), whichever is
24latest, unless the increased withdrawal meets the compact decision-making
25standard under sub. (6).
SB1,149,9
13. A person who submits a water supply service area plan under s. 281.348, that
2provides for an increase in a withdrawal to which subd. 2. would otherwise apply,
3may choose to demonstrate, using procedures specified in rules promulgated by the
4department, the water loss that will result from the increase in the withdrawal over
5the withdrawal amount as of the latest of the dates under subd. 2. If the person
6demonstrates that the resulting increase in water loss would average less than
75,000,000 gallons per day in every 90-day period, the state decision-making
8standard under sub. (5m), rather than the compact decision-making standard under
9sub. (6), applies to the increase in the withdrawal.
SB1,149,1410
(d)
Providing prior notice. The department may not approve a water supply
11service area plan under s. 281.348 that provides for a withdrawal described in sub.
12(5) (L) unless the department has provided notice as required under sub. (5) (L) at
13least 90 days before approving the water supply service area plan and has provided
14a response to any comment received.
SB1,149,1815
(e)
Regional review. The department may not approve a water supply service
16area plan under s. 281.348 if a majority of the members of the regional body request
17regional review of a withdrawal described in s. 281.343 (4h) (a) 6. provided for in the
18plan unless the department complies with sub. (5) (m).
SB1,149,20
19(5m) State decision-making standard. A proposal meets the state
20decision-making standard if all of the following apply:
SB1,149,2221
(a) The amount of the withdrawal or increase in the withdrawal is needed to
22meet the projected needs of the person who will use the water.
SB1,149,2523
(b) For an increase in a withdrawal, cost-effective conservation practices have
24been implemented for existing uses of the water, as required under rules
25promulgated by the department under sub. (8) (d).
SB1,150,2
1(c) The applicant has assessed other potential water sources for
2cost-effectiveness and environmental effects.
SB1,150,53
(d) Cost-effective conservation practices will be implemented to ensure
4efficient use of the water, for a new withdrawal, or of the increased amount of an
5existing withdrawal.
SB1,150,66
(e) One of the following applies:
SB1,150,87
1. No significant adverse environmental impacts to the waters of the state will
8result from the new or increased withdrawal.
SB1,150,119
2. If the withdrawal is from a surface water body, the applicant demonstrates
10that the withdrawal will not result in the violation of water quality standards under
11s. 281.15 or impair fish populations.
SB1,150,1412
3. The department has issued a permit under s. 30.18 for the new or increased
13withdrawal or has issued a permit under s. 30.12 for a structure that will be used for
14the new or increased withdrawal.
SB1,150,1615
4. The department has issued an approval under s. 281.34, or s. 281.17, 2001
16stats., for the new or increased withdrawal.
SB1,150,18
17(6) Compact decision-making standard. A proposal meets the compact
18decision-making standard if all of the following apply:
SB1,150,2019
(a) All of the water withdrawn from the Great Lakes basin will be returned to
20the source watershed, less an allowance for consumptive use.
SB1,150,2421
(b) The withdrawal will result in no significant adverse individual impacts or
22cumulative impacts to the quantity or quality of the waters of the Great Lakes basin,
23to water dependent natural resources, to the source watershed, or, if the withdrawal
24is from a stream tributary to one of the Great Lakes, to the watershed of that stream.
SB1,151,2
1(c) The withdrawal will be implemented in a way that incorporates
2environmentally sound and economically feasible water conservation measures.
SB1,151,53
(d) The withdrawal will be in compliance with all applicable local, state, and
4federal laws and interstate and international agreements, including the Boundary
5Waters Treaty of 1909.
SB1,151,76
(e) The proposed use of the water is reasonable, based on a consideration of all
7of the following:
SB1,151,98
1. Whether the proposed withdrawal is planned in a way that provides for
9efficient use of the water and will avoid or minimize the waste of water.
SB1,151,1110
2. If the proposal would result in an increased water loss, whether efficient use
11is made of existing water supplies.
SB1,151,1412
3. The balance of the effects of the proposed withdrawal and use, and other
13existing or planned withdrawals and water uses from the water source, on economic
14development, social development, and environmental protection.
SB1,151,1615
4. The supply potential of the water source, considering quantity, quality,
16reliability, and safe yield of hydrologically interconnected water sources.
SB1,151,2217
5. The probable degree and duration of any adverse impacts caused or expected
18to be caused by the proposed withdrawal and use, under foreseeable conditions, to
19other lawful consumptive uses or nonconsumptive uses of water or to the quantity
20or quality of the waters of the Great Lakes basin and water dependent natural
21resources, and the proposed plans and arrangements for avoidance or mitigation of
22those impacts.
SB1,151,2523
6. Any provisions for restoration of hydrologic conditions and functions of the
24source watershed or, if the withdrawal is from the stream tributary to one of the
25Great Lakes, of the watershed of that stream.
SB1,152,2
1(7) Exemptions. Subsections (3) to (6) do not apply to withdrawals from the
2Great Lakes basin or diversions for any of the following purposes:
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(a) To supply vehicles, including vessels and aircraft, for the needs of the
4persons or animals being transported or for ballast or other needs related to the
5operation of the vehicles.
SB1,152,76
(b) To use in a noncommercial project that lasts no more than 3 months for fire
7fighting, humanitarian, or emergency response purposes.
SB1,152,18
8(7m) Emergency order. The department may, without a prior hearing, order
9a person to whom the department has issued an individual permit or notice of
10coverage under a general permit under this section or s. 281.344 to immediately stop
11a withdrawal if the department determines that there is a danger of imminent harm
12to the public health, safety, or welfare, to the environment, or to the water resources
13or related land resources of this state. The order shall specify the date on which the
14withdrawal must be stopped and the date, if any, on which it may be resumed. The
15order shall notify the person that the person may request a contested case hearing
16under ch. 227. The hearing shall be held as soon as practicable after receipt of a
17request for a hearing. An emergency order remains in effect pending the result of
18the hearing.
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19(8) Statewide water conservation and efficiency. (a)
Goals and objectives. 20The department shall specify water conservation and efficiency goals and objectives
21for the waters of the state and for the waters of the Great Lakes basin. The
22department shall specify goals and objectives for the waters of the Great Lakes basin
23that are consistent with the goals under s. 281.343 (4b) (a) and the objectives
24identified by the Great Lakes council under s. 281.343 (4b) (a) and (c). In specifying
25these goals and objectives, the department shall consult with the department of
1commerce and the public service commission and consider the water conservation
2and efficiency goals and objectives developed in any pilot program conducted by the
3department in cooperation with the regional body.
SB1,153,74
(b)
Statewide program. In cooperation with the department of commerce and
5the public service commission, the department shall develop and implement a
6statewide water conservation and efficiency program that includes all of the
7following:
SB1,153,98
1. Promotion of environmentally sound and economically feasible water
9conservation measures through a voluntary statewide program.
SB1,153,1210
1m. Mandatory and voluntary conservation and efficiency measures for the
11waters of the Great Lakes basin that are necessary to implement subs. (4), (4s), (5),
12(5m), and (6) and s. 281.348.
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2. Water conservation and efficiency measures that the public service
14commission requires or authorizes a water utility to implement under ch. 196.
SB1,153,1615
3. Water conservation and efficiency measures that the department of
16commerce requires or authorizes to be implemented under chs. 101 and 145.
SB1,153,2517
(c)
Great Lakes basin program. No later than the 24th month beginning after
18the compact's effective date, the department shall implement a Great Lakes basin
19water conservation and efficiency program as part of the statewide program under
20par. (b), for all users of the waters of the Great Lakes basin, that is designed to
21achieve the goals and objectives for the waters of the Great Lakes basin that are
22specified under par. (a). The department shall include in the Great Lakes basin
23program the activities in par. (b) 1. to 3. applicable in the Great Lakes basin and
24application of the water conservation and efficiency measures specified under par.
25(d) in subs. (4) (f) 6. and (g) and (6) (c).
SB1,154,5
1(d)
Water conservation and efficiency measures. The department shall
2promulgate rules specifying water conservation and efficiency measures for the
3purposes of implementing par. (b). In the rules, the department may not require
4retrofitting of existing fixtures, appliances, or equipment. The department shall
5specify measures based on all of the following:
SB1,154,96
1. The amount and type of diversion, withdrawal, or consumptive use and
7whether the diversion, withdrawal, or consumptive use exists on the first day of the
884th month beginning after the effective date of this subdivision .... [revisor inserts
9date], or the compact's effective date, whichever is earlier, is expanded, or is new.
SB1,154,1110
2. The results of any pilot water conservation program conducted by the
11department in cooperation with the regional body.
SB1,154,1212
3. The results of any assessments under sub. (11) (d).
SB1,154,16
13(9) Tribal consultation; public participation. (a)
Tribal consultation. The
14department shall consult with a federally recognized American Indian tribe or band
15in this state concerning a proposal that may affect the tribe or band and that is
16subject to regional review or Great Lakes council approval under sub. (4) or (5).
SB1,155,217
(b)
Public Notice. 1. The department shall, by rule, create procedures for
18circulating to interested and potentially interested members of the public notices of
19each complete application that the department receives under sub. (5) to which the
20state decision-making standard under sub. (5m) or the compact decision-making
21standard under sub. (6) applies, other than an application from a person operating
22a public water supply system that is covered by an approved water supply service
23area plan under s. 281.348, and each complete application that the department
24receives under sub. (4) and of each general permit that the department proposes to
1issue under sub. (4s) (a). The department shall include, in the rule, at least the
2following procedures:
SB1,155,33
a. Publication of the notice as a class 1 notice under ch. 985.
SB1,155,54
b. Mailing of the notice to any person, group, local governmental unit, or state
5agency upon request.
SB1,155,86
2. The department shall establish the form and content of a public notice by
7rule. The department shall include in every public notice concerning an application
8to which subd. 1. applies at least the following information:
SB1,155,99
a. The name and address of each applicant.
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b. A brief description of the proposal for which the application is made,
11including the amount of the proposed withdrawal or diversion.
SB1,155,1412
c. A brief description of the procedures for the formulation of final
13determinations on applications, including the 30-day comment period required
14under par. (c).
SB1,155,2015
(c)
Public comment. The department shall receive public comments on a
16proposal for which it receives an application to which par. (b) 1. applies or on a
17proposed general permit under sub. (4s) (a) for a 30-day period beginning when the
18department gives notice under par. (b) 1. The department shall retain all written
19comments submitted during the comment period and shall consider the comments
20in making its decisions on the application.
SB1,156,621
(d)
Public hearing. 1. The department shall provide an opportunity for any
22interested person or group of persons, any affected local governmental unit, or any
23state agency to request a public hearing with respect to a proposal for which the
24department receives an application under to which par. (b) 1. applies or on a proposed
25general permit under sub. (4s) (a). A request for a public hearing shall be filed with
1the department within 30 days after the department gives notice under par. (b). The
2party filing a request for a public hearing shall indicate the interest of the party and
3the reasons why a hearing is warranted. The department shall hold a public hearing
4on a proposal for which the department receives an application to which par. (b) 1.
5applies or on a proposed general permit under sub. (4s) (a) if the department
6determines that there is a significant public interest in holding a hearing.
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2. The department shall promulgate, by rule, procedures for the conduct of
8public hearings held under this paragraph. A hearing held under this paragraph is
9not a contested case hearing under ch. 227.
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3. The department shall circulate public notice of any hearing held under this
11paragraph in the manner provided under par. (b) 1.
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(e)
Public access to information. Any record or other information provided to
13or obtained by the department regarding a proposal for which an application under
14sub. (4) or (5) is received is a public record as provided in subch. II of ch. 19. The
15department shall make available to and provide facilities for the public to inspect and
16copy any records or other information provided to or obtained by the department
17regarding a proposal for which an application for a new or increased diversion or
18withdrawal under sub. (4) or (5) is received, except that any record or other
19information provided to the department may be treated as confidential upon a
20showing to the secretary that the record or information is entitled to protection as
21a trade secret, as defined in s. 134.90 (1) (c), or upon a determination by the
22department that domestic security concerns warrant confidential treatment.
23Nothing in this subsection prevents the use of any confidential records or
24information obtained by the department in the administration of this section in
1compiling or publishing general analyses or summaries, if the analyses or
2summaries do not identify a specific owner or operator.
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(h)
Expediting review. The department shall take appropriate measures to
4expedite, to the extent feasible, applicable reviews by the regional body, Great Lakes
5council, parties, and the provinces of Ontario and Quebec of applications under this
6section that are subject to regional review.
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7(10m) Amendment of coastal management program. (a) The Wisconsin
8coastal management council, created under s. 14.019, shall amend this state's
9coastal management program submitted to the U.S. secretary of commerce under
16
10USC 1455, to incorporate the requirements of this section, as they apply to the water
11resources of the Great Lakes basin, and shall formally submit the proposed
12amendments to the U.S. secretary of commerce.
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(b) After approval of the amendments submitted to the U.S. secretary of
14commerce under par. (a), the Wisconsin coastal management council shall, when
15conducting federal consistency reviews under
16 USC 1456 (c), consider the
16requirements specified under par. (a), if applicable.