NR 860.15(9)
(9) If a water supply service area plan is required by s.
281.346 or
281.348, Stats., the withdrawal shall be consistent with the approved water supply service area plan.
NR 860.15 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11.
NR 860.16
NR 860.16 Amendments and Transfers. NR 860.16(1)
(1) A permit amendment is required when changes or modifications are made to any of the following:
NR 860.16(1)(b)
(b) Property ownership or public water supply ownership of withdrawals covered by a general permit.
NR 860.16 Note
Note: Changes in property ownership or public water supply ownership for withdrawals authorized by an individual permit require an approved transfer meeting the requirements of sub. (4).
NR 860.16(1)(c)
(c) The name, mailing address, telephone number, and email address of the owner and operator, if applicable.
NR 860.16(1)(e)
(e) The daily withdrawal capacity of the water supply system or individual source or sources.
NR 860.16(2)
(2) The owner shall amend the permit using the method prescribed by the department by March 1 of the year following the change or modification.
NR 860.16 Note
Note: Permit amendments may be completed as part of the annual reporting process.
NR 860.16(3)
(3) An owner is not required to amend a permit when replacing equipment with equipment of the same capacity and operating parameters.
NR 860.16(4)
(4) Department approval is required for the transfer of an individual permit to a new property owner or public water supply owner. A person who proposes to assume responsibility for an individual permit for a permitted withdrawal, shall submit an application meeting the requirements of
s. NR 860.31 (3) (a) and a statement acknowledging acceptance of the terms of the current permit. The department shall review the request for a transfer and make a decision to either approve the transfer or require a new permit, following the requirements of
s. NR 860.31 (3).
NR 860.16 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11.
NR 860.17(1)
(1) A permittee may request termination of an individual permit or coverage under a general permit if the withdrawal amount decreases below the thresholds requiring a permit or notice of coverage under this chapter.
NR 860.17(2)
(2) Terminating a water use registration under
ch. NR 856 constitutes a termination of an individual permit or coverage under a general permit.
NR 860.17(3)
(3) Terminating an individual permit or coverage under a general permit terminates the baseline established under s.
281.346 (2) (e), Stats., for persons with preexisting withdrawals.
NR 860.17 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11.
NR 860.18(2)
(2) Any violation of this chapter shall be treated as a violation of the statutes they interpret or under which they are promulgated.
NR 860.18 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11.
NR 860.20(1)
(1) Unless authorized by an individual permit or unless exempted under
sub. (2), all of the following persons who withdraw water from the Great Lakes basin shall obtain coverage under a general water use permit:
NR 860.20(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 an amount averaging 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.
NR 860.20(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 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.
NR 860.20 Note
Note: Pursuant to s.
281.346 (4s) (dm), Stats., the department may require a person who is making or proposes to make a withdrawal at the general permit level listed in sub.(1) (a) or (b) 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 860.20 Note
Note: Persons with a permit under s.
30.18, Stats., must also obtain a water use permit, if applicable.
NR 860.20(2)
(2) This chapter does not apply to withdrawals for any of the following purposes:
NR 860.20(2)(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 860.20(2)(b)
(b) To use in a noncommercial project that lasts no more than 3 months for fire fighting, humanitarian, or emergency response purposes.
NR 860.20(3)
(3) Separate coverage under a general water use permit is required for each property and each public water supply.
NR 860.20 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11.
NR 860.21
NR 860.21 General Water Use Permits. NR 860.21(1)
(1) The department may issue a general water use permit that applies only to certain categories or groups of water withdrawals, or only to withdrawals located in a designated area of the Great Lakes basin, or both.
NR 860.21(2)
(2) For purposes of this section, a category or group of withdrawals may be defined by amount of withdrawal, water use sector, type of withdrawal or water use, geographic or watershed area, or other attribute that the department determines is appropriate for defining a category of coverage. There shall be a reasonable commonality among members of a category or group that is related to water withdrawal or use.
NR 860.21(3)
(3) The department shall solicit public comment following the public participation procedures in subch.
IV prior to issuing a general water use permit.
NR 860.21(4)
(4) All general water use permits shall identify the criteria that must be met in order to qualify for coverage under the general permit. The criteria shall be limited to the requirements and authority provided under s.
281.346 (4s), Stats.
NR 860.21(5)
(5) All general water use permits shall contain the permit conditions in
s. NR 860.15 and any additional conditions necessary to meet the requirements of
ch. 281, Stats.
NR 860.21 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11.
NR 860.22
NR 860.22 Application and Review Process for Notice of Coverage. NR 860.22(1)
(1)
Applicable process. A person required to have coverage under a general water use permit under this subchapter shall obtain a notice of coverage decision following the applicable process under
sub. (2) or
(3).
NR 860.22(2)
(2) Automatic notice of coverage for preexisting withdrawals. NR 860.22(2)(a)(a) The department shall issue automatic notice of coverage no later than December 8, 2011, to persons with a preexisting withdrawal that qualify for automatic notice of coverage as set forth in s.
281.346 (4s) (c), Stats., and that have one of the following:
NR 860.22 Note
Note: Persons with a preexisting withdrawal that made a withdrawal that averaged 100,000 gallons per day or more in any 30-day period but did not equal 1,000,000 gallons per day for any 30 consecutive days before December 8, 2008 qualify for automatic notice of coverage under a general permit.
NR 860.22 Note
Note: The department can not guarantee that automatic notice of coverage 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 automatic notice of coverage.
NR 860.22(2)(b)
(b) The department may request any missing information required by
sub. (3) (a) from persons that qualify for automatic notice of coverage.
NR 860.22(2)(d)
(d) Persons with a preexisting withdrawal that do not receive automatic notice of coverage on or before December 8, 2011, shall apply for notice of coverage following the process in
sub. (3).
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(3)(a)(a) Any person required to obtain notice of coverage under a general water use permit under this subchapter that did not receive automatic notice of coverage 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 860.22(3)(a)1.
1. The name, mailing address, telephone number, and email address of the owner and operator.
NR 860.22(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 860.22(3)(a)8.
8. 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 860.22 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 860.22(3)(b)
(b) If the application does not include all of the information under
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 describe the information that must be submitted in order for the application to be complete.
NR 860.22(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 860.22(3)(d)
(d) The department shall determine if the withdrawal qualifies for coverage under a general water use permit and issue notice of coverage or dismiss the application within 45 days of receipt of a complete application. A withdrawal qualifies for coverage under a general water use permit when the requirements of
s. NR 860.23 (1) are completed and the withdrawal meets the criteria established in the general permit.
NR 860.22(3)(e)
(e) If the department determines that an activity does not qualify for coverage under a general permit, the department shall dismiss the application in writing and state the reasons why the project does not qualify for coverage under the general permit.
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.
