NR 860.22(3)(f)
(f) The department may investigate or visit a property and facility to determine whether a withdrawal qualifies for coverage under a general permit.
NR 860.22 Note
Note: Applications and information should be sent to: DNR Water Use Program DG/5, P.O. Box 7921, Madison, WI 53707-7921.
NR 860.22 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11; (title) created in (1) under s.
13.92 (4) (b) 2., Stats.,
Register September 2011 No. 669.
NR 860.23
NR 860.23 Notice of Coverage Decisions. NR 860.23(1)
(1) The department shall issue notice of coverage only when all of the following have been completed:
NR 860.23(1)(c)
(c) The applicant receives department approval of a water conservation plan under
ch. NR 852, if applicable.
NR 860.23(1)(d)
(d) The applicant has complied with an approved water supply service area plan under s.
281.348, Stats., if applicable.
NR 860.23(2)
(2) The department shall specify a withdrawal amount for each notice of coverage. The department shall also specify a baseline for each automatically issued notice of coverage under
s. NR 860.22 (2). The withdrawal amount and baseline shall be determined by following the procedures in s.
281.346, Stats. The withdrawal amount for an automatically issued notice of coverage shall not be less than the baseline unless specifically requested by the owner.
NR 860.23(3)
(3) The department may suspend or revoke coverage under a general permit issued under this subchapter for cause, including obtaining coverage under the permit by misrepresentation or failure to disclose material facts or substantially violating the terms of the permit, after the opportunity for a hearing following the procedures in
s. NR 860.42.
NR 860.23 Note
Note: An applicant or permit holder may challenge a modification, suspension, or revocation in whole or part of a notice of coverage under a general permit following the requirements under s.
281.93, Stats.
NR 860.23 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11.
NR 860.24
NR 860.24 Modifications to the Withdrawal Amount — Notice of Coverage. NR 860.24(1)
(1) If a permittee proposes to increase the amount of a withdrawal over the established withdrawal amount in the notice of coverage but does not propose to withdraw at least 1,000,000 gallons per day for any 30 consecutive days, the permittee shall apply to the department using the method prescribed by the department for a modification to the withdrawal amount.
NR 860.24(3)
(3) If the department determines that the application does not qualify for continued coverage under a general permit, the department shall dismiss the request in writing and state the reasons why the requested modification does not qualify for coverage under the general permit.
NR 860.24(4)
(4) The department shall keep records in a database of all approved modifications to the withdrawal amount.
NR 860.24 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11.
NR 860.25
NR 860.25 Redetermination of Coverage. NR 860.25(1)
(1) Coverage under a general permit ends on the date that the term of the general permit ends.
NR 860.25 Note
Note: Under s.
281.346 (4s) (am), Stats., the term of a general permit is 25 years.
NR 860.25(2)
(2) The department shall send notification to owners at least 365 days prior to the expiration of the general permit that the general permit will expire and that redetermination of coverage is required. The department shall send notification to owners using the most economical communication tool available and the most recent contact information submitted by the owner.
NR 860.25 Note
Note: The most economical communication tool used by the department on October 1, 2011 is email.
NR 860.25(3)
(3) Owners that have received notice of coverage under a general permit that intend to continue a withdrawal that averages 100,000 gallons per day or more in any 30-day period but that does not equal at least 1,000,000 gallons per day for any 30 consecutive days, shall apply to the department using the method prescribed by the department for redetermination of coverage under a new general permit at least 180 days before the end of the term of the general permit. The failure of an owner to apply for redetermination at least 180 days prior to the expiration of the general permit shall not result in the loss of an established baseline or specified withdrawal amount.
NR 860.25 Note
Note: Applications and information should be sent to: DNR Water Use Program DG/5, P.O. Box 7921, Madison, WI 53707-7921.
NR 860.25(4)
(4) If the owner applying for a redetermination is in substantial compliance with the current general permit and qualifies for coverage under a new general permit, the department shall issue notice of coverage under the new general permit.
NR 860.25(5)
(5) The department shall follow the requirements of
s. NR 860.22 (3), when reviewing the request for redetermination of coverage.
NR 860.25(6)
(6) A redetermination of coverage shall specify a withdrawal amount equal to the withdrawal amount of the previous issuance of coverage unless the owner requests a reduced amount.
NR 860.25 Note
Note: For proposed increases to a withdrawal amount, the owner must apply to the department following s.
NR 860.24.
NR 860.25 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11.
NR 860.30(1)
(1) Unless exempted under
sub. (3), all of the following persons who withdraw water from the Great Lakes basin shall obtain an individual water use permit:
NR 860.30(1)(a)
(a) Any person who on December 8, 2011, has a water supply system or systems on one property or a public water supply that withdraws at least 1,000,000 gallons of water per day for any 30 consecutive days.
NR 860.30(1)(b)
(b) Any person who after December 7, 2011, proposes a withdrawal with a water supply system or systems on one property or a public water supply that equals at least 1,000,000 gallons per day for any 30 consecutive days.
NR 860.30(2)
(2) The department may require a person who is making or proposes to make a withdrawal at the general permit level under
s. NR 860.20 (1) to obtain an individual permit if the withdrawal is located in a groundwater protection area, as defined in s.
281.34 (1) (am), Stats., or a groundwater management area designated under s.
281.34 (9), Stats.
NR 860.30(3)
(3) This subchapter does not apply to withdrawals for any of the following purposes:
NR 860.30(3)(a)
(a) To supply vehicles, including vessels and aircraft, for the needs of the persons or animals being transported or for ballast or other needs related to the operation of the vehicles.
NR 860.30(3)(b)
(b) To use in a noncommercial project that lasts no more than 3 months for fire fighting, humanitarian, or emergency response purposes.
NR 860.30(4)
(4) A separate individual water use permit is required for each property and each public water supply.
NR 860.30 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11;
correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register February 2017 No. 734.
NR 860.31
NR 860.31 Application and Review Process for Individual Water Use Permits. NR 860.31(1)
(1)
Applicable process. A person required to have an individual water use permit under this subchapter shall obtain a permit decision following the applicable process under
sub. (2) or
(3).
NR 860.31(2)
(2) Automatic issuance of an individual water use permit for pre-existing withdrawals. NR 860.31(2)(a)(a) The department shall issue an automatic individual water use permit no later than December 8, 2011, to persons with a preexisting withdrawal that qualify for automatic issuance of an individual water use permit as set forth in s.
281.346 (5) (c), Stats., and that have one of the following:
NR 860.31 Note
Note: Persons with a preexisting withdrawal that are required to obtain an individual permit and that made a withdrawal that averaged 100,000 gallons per day or more in any 30-day period before December 8, 2008 qualify for automatic issuance of an individual permit.
NR 860.31 Note
Note: The department can not guarantee that automatic issuance of an individual permit will be issued in time to meet the December 8, 2011 deadline for registrations received after November 1, 2011 for preexisting withdrawals that qualify for issuance of an individual permit.
NR 860.31(2)(b)
(b) The department may request any missing information required by
sub. (3) (a) from persons that qualify for automatic issuance of an individual permit.
NR 860.31(2)(d)
(d) Persons with a preexisting withdrawal that do not receive automatic issuance of an individual water use permit on or before December 8, 2011, shall apply for an individual permit under
sub. (3).
NR 860.31(3)(a)(a) Any person required to obtain an individual permit under this subchapter that did not receive automatic issuance of an individual water use permit under
sub. (2) shall submit an application to the department using the method prescribed by the department, and the application shall include all of the following information about the existing or proposed withdrawal:
NR 860.31(3)(a)1.
1. The name, mailing address, telephone number, and email address of the owner and operator.
NR 860.31(3)(a)3.
3. The daily withdrawal capacity of the water supply system, the daily withdrawal capacity from each source, identification of the most restrictive component of the water supply system or systems, and an estimate of the maximum hydraulic capacity of the most restrictive component of the water supply system or systems.
NR 860.31(3)(a)4.
4. The projected withdrawal schedule including the average and maximum amounts and rates of the withdrawal per month and a description of any expected peak use in terms of gallons per day.
NR 860.31(3)(a)8.
8. An estimate and the method or methods used to determine the estimate, of the water loss from consumptive use from the property or a public water supply. Water loss and consumptive use estimations and calculations shall follow the procedures set forth in department rules and guidelines.
NR 860.31(3)(a)10.
10. A map showing the location of the property or public water supply, sources, and discharges, if the applicant is submitting an application using a paper form.
NR 860.31 Note
Note: A water conservation plan is required by ch.
NR 852 for new and increased withdrawals in the Great Lakes basin and withdrawals statewide that will result in a water loss averaging more than 2,000,000 gallons per day in any 30-day period.
NR 860.31(3)(a)12.
12. For withdrawals that require compliance with the state decision-making standard under s.
281.346 (5m), Stats., all of the following information is required, in addition to the information in
subds. 1. to
11.:
NR 860.31(3)(a)12.a.
a. Documentation that the proposed withdrawal amount is needed to meet the applicant's projected needs.
NR 860.31 Note
Note: Public water systems that are required to have an approved water supply service area plan may use that plan as the required documentation
.
NR 860.31(3)(a)12.c.
c. An alternatives analysis comparing other potential water sources for cost-effectiveness and environmental effects.
NR 860.31(3)(a)12.d.
d. A description of the baseline conditions of the source including hydrologic flow, water quality, and for surface water sources, habitat of the source. This information is not required if the department has issued a permit under s.
30.18, Stats.; an approval under s.
281.34, Stats., for the new or increased withdrawal; or has issued a permit under s.
30.12, Stats., for the structure that will be used for the new or increased withdrawal.
NR 860.31(3)(a)12.e.
e. An assessment of the potential impacts of the withdrawal on the waters of the state. The department may require modeling to document the anticipated hydrologic impacts of the proposed withdrawal and any return flow or may require a water quality evaluation to determine if the withdrawal or return flow will meet established water quality standards, or may require both. This information is not required if the department has issued a permit under s.
30.18, Stats.; an approval under s.
281.34, Stats., for the new or increased withdrawal; or has issued a permit under s.
30.12, Stats., for the structure that will be used for the new or increased withdrawal.
NR 860.31(3)(a)13.
13. For withdrawals that require compliance with the compact-decision making standard under s.
281.346 (6), Stats., all of the following information is required, in addition to the information in
subd. 1. to
11.:
NR 860.31(3)(a)13.a.
a. An assessment of the potential impacts of the withdrawal on the waters of the state and water dependent natural resources including wetlands. The department may require modeling to document the anticipated hydrologic impacts of the proposed withdrawal and any return flow or may require a water quality evaluation to determine if the withdrawal or return flow will meet established water quality standards, or may require both.
NR 860.31(3)(a)13.c.
c. Documentation of compliance with all applicable local, state, and federal laws, rules, and regulations, and interstate and international agreements, including the Boundary Waters Treaty of 1909.
NR 860.31(3)(a)13.d.
d. An analysis of the efficiency of the proposed water use, and if there is an expected increase in water loss, an analysis of the efficiency of the use of existing water supplies. The analysis shall include a comparison of the proposed water use intensity with the water use intensity of similar facilities or operations. The analysis may include information from the water conservation plan prepared in compliance with
s. NR 852.07.
NR 860.31 Note
Note: The water conservation plan contains a description and quantification of current water use and reuse as identified by a water use audit, a calculation of water use intensity, a description of the water conservation and water use efficiency goals, documentation of the implementation of conservation and efficiency measures, and a monitoring plan.
NR 860.31(3)(a)13.e.
e. An analysis of the impacts of the withdrawal over the next ten years on economic development, social development, and environmental protection taking into consideration other existing and planned withdrawals from the same source. The analysis shall include the impact of the withdrawal on the quantity and quality of the water supply for existing withdrawers and the quantity and quality of the water supply for future users, the economic impact of the water use including the number of individuals that will be employed and potential tax revenues, the social impact of the project on people living in the area of the withdrawal including access to jobs, and whether or not the withdrawal is capable of being maintained at a steady level without exhausting natural resources or causing significant adverse environmental impact.
NR 860.31(3)(a)13.f.
f. The supply potential of the water source including quality, quantity, and reliability taking into consideration interconnected water sources and water dependent natural resources.
NR 860.31(3)(a)13.g.
g. A description of mitigation measures that will be implemented to prevent or eliminate significant impacts.
NR 860.31(3)(b)
(b) If the application does not include the information required in
par. (a), it may be deemed incomplete. Within 30 days of receipt, the department shall notify the applicant in writing that the application is incomplete and shall notify the applicant of the information that shall be submitted in order for the application to be complete.
NR 860.31(3)(c)
(c) The department may dismiss an application if the information needed to complete the application is not received within 30 days after the department notifies an applicant that its application is incomplete.
NR 860.31(3)(d)
(d) If the proposed withdrawal requires prior notice or regional review by the provinces of Ontario and Quebec, Canada and the states that are a party to the Great Lakes — St. Lawrence River Basin Water Resources Compact under s.
281.346 (5) (L), Stats., or s.
281.346 (5) (m), Stats., the department shall forward the application to the appropriate parties for review within 60 days after the end of the public comment period under subch.
IV.
NR 860.31(3)(e)
(e) The department shall determine if the withdrawal meets the standards for an individual permit and issue a permit or disapprove the application within the following timeframes:
NR 860.31(3)(e)1.
1. For individual permits that do not require public participation under
s. NR 860.40, within 60 days of receipt of a complete application.
NR 860.31(3)(e)2.
2. For individual permits that require public participation under
s. NR 860.40, within 60 days after the end of the public comment period.
