SB523-SSA1,100,83
5. The diversion will result in no significant adverse individual impacts or
4cumulative impacts to the quantity or quality of the waters of the Great Lakes basin
5or to water dependent natural resources, including cumulative impacts that might
6result due to any precedent-setting aspects of the proposed diversion, based upon a
7determination that the proposed diversion will not have any significant adverse
8impacts on the sustainable management of the waters of the Great Lakes basin.
SB523-SSA1,100,119
6. The applicant commits to implementing the applicable water conservation
10measures under sub. (8) (d) that are environmentally sound and economically
11feasible for the applicant.
SB523-SSA1,100,1412
7. The diversion will be in compliance with all applicable local, state, and
13federal laws and interstate and international agreements, including the Boundary
14Waters Treaty of 1909.
SB523-SSA1,100,2415
(g)
Conservation and efficient use of existing water supplies. The department
16shall promulgate rules specifying the requirements for an applicant for a new or
17increased diversion subject to par. (f) to demonstrate the efficient use and
18conservation of existing water supplies for the purposes of pars. (d) 2. b. and 3. b., (e)
191. d., and (f) 1., including requiring the applicant to document the water conservation
20planning and analysis used to identify the water conservation and efficiency
21measures that the applicant determined were feasible, based on an analysis that
22considered direct and avoided economic and environmental costs, and that the
23applicant implemented and requiring the applicant to quantify the amount of water
24conserved through those efficiency and conservation measures.
SB523-SSA1,101,4
1(i)
Diversion amount. In an approval issued under this subsection or a
2modification granted under this subsection to increase the amount of a diversion, the
3department shall specify a diversion amount equal to the quantity of water that is
4reasonable for the purposes for which the diversion is proposed.
SB523-SSA1,101,9
5(4m) Water use permits required in the Great Lakes basin. (a) A person may
6not make a withdrawal from the Great Lakes basin that averages 100,000 gallons
7per day or more in any 30-day period unless the withdrawal is covered under a
8general permit issued under sub. (4s) or s. 281.344 (4s) or an individual permit issued
9under sub. (5) or s. 281.344 (5), except as provided in sub. (4s) (bm).
SB523-SSA1,101,15
10(4s) General water use permits for Great Lakes basin. (a)
Department to
11issue. The department shall issue one or more general permits to cover withdrawals
12from the Great Lakes basin that average 100,000 gallons per day or more in any
1330-day period but that do not equal at least 1,000,000 gallons per day for any 30
14consecutive days. The department shall include all of the following in a general
15permit:
SB523-SSA1,101,1616
1. Reference to the database of withdrawal amounts under par. (i).
SB523-SSA1,101,1917
2. Requirements for estimating the amount withdrawn, monitoring the
18withdrawal, if necessary, and reporting the results of the estimating and monitoring,
19as provided in rules promulgated by the department.
SB523-SSA1,101,2120
3. Requirements for water conservation, as provided in rules promulgated by
21the department under sub. (8) (d).
SB523-SSA1,101,2322
(am)
Term of general permit. The term of a general permit issued under par.
23(a) is 10 years.
SB523-SSA1,102,524
(b)
General requirement. A person who does not hold an individual permit
25under sub. (5) may not make a withdrawal that averages 100,000 gallons per day or
1more in any 30-day period, but that does not equal at least 1,000,000 gallons per day
2for any 30 consecutive days, unless the withdrawal is covered under a general permit
3issued under this subsection or s. 281.344 (4s), except as provided in par. (bm). A
4person to whom the department has issued a notice of coverage under a general
5permit shall comply with the general permit.
SB523-SSA1,102,86
(bm)
Waiver. The department may waive the requirement to obtain coverage
7under a general permit for a person making a withdrawal that is covered by a permit
8under s. 30.18 (2) (a).
SB523-SSA1,102,179
(d)
Coverage under general permit for new or increased withdrawals. 1. A
10person who proposes to begin a withdrawal from the Great Lakes basin that will
11average 100,000 gallons per day or more in any 30-day period, or to increase an
12existing withdrawal so that it will average 100,000 gallons per day or more in any
1330-day period, but who does not propose to withdraw at least 1,000,000 gallons per
14day for any 30 consecutive days, shall apply to the department for coverage under
15a general permit, unless the person applies for an individual permit under sub. (5).
16In the application, the person shall provide the information required by the
17department by rule.
SB523-SSA1,102,2218
2. After receiving an application under subd. 1., the department shall, within
19the time limit established by the department by rule, determine whether the
20withdrawal qualifies for coverage under a general permit or notify the applicant of
21any additional information needed to determine whether the withdrawal qualifies
22for coverage under a general permit.
SB523-SSA1,103,323
3. Except as provided in subd. 3m., if the department determines that a
24withdrawal qualifies for coverage under a general permit and the department has
25issued any approvals that are required for the withdrawal under s. 30.12, 30.18,
1281.34, or 281.41 or s. 281.17, 2001 stats., the department shall issue a notice of
2coverage. In the notice, the department shall specify a withdrawal amount that is,
3except as provided in subd. 3e., equal to the smallest of the following amounts:
SB523-SSA1,103,94
a. The maximum hydraulic capacity of the most restrictive component of the
5water supply system used for the withdrawal for which the person has approval
6under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., or, if an approval
7under one of those provisions is not required for the most restrictive component of
8the water supply system, the maximum hydraulic capacity of the most restrictive
9component that the person proposes to use in the water supply system.
SB523-SSA1,103,1110
b. If an approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001
11stats., specifies a maximum amount of water that may be withdrawn, that amount.
SB523-SSA1,103,1512
3e. If water is withdrawn through more than one water supply system to serve
13a facility, the department shall determine the smallest amount under subd. 3. a. or
14b. for each of the water supply systems and shall specify a withdrawal amount that
15is equal to the sum of the amounts determined for each of the water supply systems.
SB523-SSA1,103,1916
3m. a. The department may not approve an application under subd. 1. for a
17withdrawal for the purpose of providing water to a public water supply system that
18serves a population of more than 10,000 unless the withdrawal is covered by an
19approved water supply service area plan under s. 281.348.
SB523-SSA1,103,2320
b. The department may not approve an application under subd. 1. for a
21withdrawal for the purpose of providing water to a public water supply system that
22is covered by an approved water supply service area plan under s. 281.348, unless
23the withdrawal is consistent with the water supply service area plan.
SB523-SSA1,104,424
c. If the department approves an application under subd. 1. for a withdrawal
25for the purpose of providing water to a public water supply system that is covered by
1an approved water supply service area plan under s. 281.348, the department shall
2issue a notice of coverage. In the notice of coverage the department shall specify a
3withdrawal amount that is equal to the withdrawal amount in the water supply
4service area plan.
SB523-SSA1,104,75
4. If the department determines that a withdrawal does not qualify for coverage
6under a general permit, the department shall notify the applicant in writing of the
7reason for that determination.
SB523-SSA1,104,158
(dm)
Requiring individual permit. The department may require a person who
9is making or proposes to make a withdrawal that averages 100,000 gallons per day
10or more in any 30-day period, but that does not equal at least 1,000,000 gallons per
11day for any 30 consecutive days, to obtain an individual permit under sub. (5) if the
12withdrawal is located in a groundwater protection area, as defined in s. 281.34 (1)
13(a), or a groundwater management area designated under s. 281.34 (9) or if coverage
14under an individual permit is necessary to protect public health or safety or to ensure
15the conservation and proper management of the waters of the state.
SB523-SSA1,104,2116
(e)
Increase in withdrawal amount. 1. If a person making a withdrawal that
17is covered under a general permit issued under this subsection or s. 281.344 (4s)
18proposes to increase the amount of the withdrawal over the withdrawal amount
19specified in the database under par. (i) for the withdrawal, but does not propose to
20withdraw at least 1,000,000 gallons per day for any 30 consecutive days, the person
21shall apply to the department for a modification of the withdrawal amount.
SB523-SSA1,105,222
3. Except as provided in subd. 3m., if the department has issued any approvals
23that are required for modifying the withdrawal under s. 30.12, 30.18, 281.34, or
24281.41 or s. 281.17, 2001 stats., the department shall modify the withdrawal amount
1to an amount that is, except as provided in subd. 3e., equal to the smallest of the
2following amounts:
SB523-SSA1,105,83
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.
SB523-SSA1,105,109
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.
SB523-SSA1,105,1411
3e. If water is withdrawn through more than one water supply system to serve
12a facility, the department shall determine the smallest amount under subd. 3. a. or
13b. for each of the water supply systems and shall specify a withdrawal amount that
14is equal to the sum of the amounts determined for each of the water supply systems.
SB523-SSA1,105,1815
3m. a. The department may not approve an application under subd. 1. for a
16withdrawal for the purpose of providing water to a public water supply system that
17serves a population of more than 10,000 unless the withdrawal is covered by an
18approved water supply service area plan under s. 281.348.
SB523-SSA1,105,2219
b. The department may not approve an application under subd. 1. for a
20withdrawal for the purpose of providing water to a public water supply system that
21is covered by an approved water supply service area plan under s. 281.348, unless
22the withdrawal is consistent with the water supply service area plan.
SB523-SSA1,106,323
c. If the department approves an application under subd. 1. for a withdrawal
24for the purpose of providing water to a public water supply system that is covered by
25an approved water supply service area plan under s. 281.348, the department shall
1issue a notice of coverage. In the notice of coverage the department shall specify a
2withdrawal amount that is equal to the withdrawal amount in the water supply
3service area plan.
SB523-SSA1,106,54
(f)
Term of coverage. Coverage under a general permit ends on the date that
5the term of the general permit under par. (am) ends.
SB523-SSA1,106,156
(g)
Redetermination. A person to whom the department has issued a notice of
7coverage under a general permit issued under this subsection or s. 281.344 (4s) shall
8apply to the department for redetermination of coverage under a new general permit
9issued under this subsection at least 180 days before the end of the term of the
10current general permit if the person intends to continue to withdraw from the Great
11Lakes basin an average of 100,000 gallons per day or more in any 30-day period but
12does not intend to withdraw at least 1,000,000 gallons per day for any 30 consecutive
13days. If the person is in substantial compliance with the current general permit and
14the withdrawal qualifies for coverage under the new general permit, the department
15shall issue a notice of coverage under the new general permit.
SB523-SSA1,106,2016
(h)
Suspension and revocation. After an opportunity for a hearing, the
17department may suspend or revoke coverage under a general permit issued under
18this subsection or s. 281.344 (4s) for cause, including obtaining coverage under the
19permit by misrepresentation or failure to disclose material facts or substantially
20violating the terms of the permit.
SB523-SSA1,106,2321
(i)
Database. The department shall maintain a database of the withdrawal
22amounts for all withdrawals that are covered under general permits issued under
23this subsection and s. 281.344 (4s).
SB523-SSA1,107,4
24(5) Individual water use permits for Great Lakes basin. (a)
Requirement. A
25person may not make a withdrawal from the Great Lakes basin that equals at least
11,000,000 gallons per day for any 30 consecutive days unless the withdrawal is
2covered by an individual permit issued under this subsection or s. 281.344 (5). A
3person to whom the department has issued an individual permit shall comply with
4the individual permit.
SB523-SSA1,107,65
(b)
Content of individual permits. The department shall include all of the
6following in an individual permit:
SB523-SSA1,107,87
1. A withdrawal amount as determined under par. (d) 3., 3e., or 3m., (g) 3., 3e.,
8or 3m., or (j) 3., 3e., or 3m. or s. 281.344 (3m) or (4e).
SB523-SSA1,107,119
2. Provisions that the department determines are necessary for tracking
10substantial increases in water loss resulting from increases in withdrawal amounts
11during the term of the permit.
SB523-SSA1,107,1412
3. Requirements for estimating the amount withdrawn, monitoring the
13withdrawal, if necessary, and reporting the results of the estimating and monitoring,
14as provided in rules promulgated by the department.
SB523-SSA1,107,1615
4. Requirements for water conservation, as provided in rules promulgated by
16the department under sub. (8) (d).
SB523-SSA1,107,1817
5. Limits on the location and dates or seasons of the withdrawal and on the
18allowable uses of the water, as provided in rules promulgated by the department.
SB523-SSA1,107,2019
6. Conditions on any diversion approved under sub. (4) made by the person
20making the withdrawal.
SB523-SSA1,107,2221
6m. If s. 281.35 (4) applies to the withdrawal, the matters under s. 281.35 (6)
22(a).
SB523-SSA1,108,223
7. If the withdrawal is from a surface water body tributary to one of the Great
24Lakes and would result in a water loss of more than 95 percent of the amount of water
1withdrawn, conditions that ensure that the withdrawal does not cause significant
2adverse environmental impact.
SB523-SSA1,108,73
(d)
Initial individual permit. 1. A person who proposes to begin a withdrawal
4from the Great Lakes basin that will equal at least 1,000,000 gallons per day for any
530 consecutive days or to modify an existing withdrawal so that it will equal at least
61,000,000 gallons per day for any 30 consecutive days shall apply to the department
7for an individual permit.
SB523-SSA1,108,118
2. After receiving an application under subd. 1., the department shall, within
9the time limit established by the department by rule, determine whether to approve
10the application or notify the applicant of any additional information needed to
11determine whether to approve the application.
SB523-SSA1,108,1712
3. Except as provided in subd. 3m., if the department approves an application
13under subd. 1. and the department has issued any approvals that are required for
14the withdrawal under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., the
15department shall issue an individual permit. In the permit, the department shall
16specify a withdrawal amount that is, except as provided in subd. 3e., equal to the
17smallest of the following amounts:
SB523-SSA1,108,2318
a. The maximum hydraulic capacity of the most restrictive component of the
19water supply system used for the withdrawal for which the person has approval
20under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., or, if an approval
21under one of those provisions is not required for the most restrictive component of
22the water supply system, the maximum hydraulic capacity of the most restrictive
23component that the person proposes to use in the water supply system.
SB523-SSA1,108,2524
b. If an approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001
25stats., specifies a maximum amount of water that may be withdrawn, that amount.
SB523-SSA1,109,2
1c. Any limit on the amount of the withdrawal necessary to ensure compliance
2with a decision-making standard applicable under par. (e) or (f).
SB523-SSA1,109,73
3e. If water is withdrawn through more than one water supply system to serve
4a facility and subd. 3. c. does not apply, the department shall determine the smallest
5amount under subd. 3. a. or b. for each of the water supply systems and shall specify
6a withdrawal amount that is equal to the sum of the amounts determined for each
7of the water supply systems.
SB523-SSA1,109,138
3m. If the department approves an application under subd. 1. for a withdrawal
9for the purpose of providing water to a public water supply system that is covered by
10an approved water supply service area plan under s. 281.348, the department shall
11issue an individual permit. In the permit, the department shall specify a withdrawal
12amount that is equal to the withdrawal amount in the water supply service area
13plan.
SB523-SSA1,109,1514
4. If the department disapproves an application under subd. 1., the department
15shall notify the applicant in writing of the reason for the disapproval.
SB523-SSA1,109,2016
(dm)
Consistency with water supply plans. 1. The department may not approve
17an application under par. (d) 1. for a withdrawal for the purpose of providing water
18to a public water supply system that serves a population of more than 10,000 unless
19the public water supply system is covered by an approved water supply service area
20plan under s. 281.348.
SB523-SSA1,109,2421
2. The department may not approve an application under par. (d) 1. for the
22purpose of providing water to a public water supply system that is covered by an
23approved water supply service area plan under s. 281.348 unless the withdrawal is
24consistent with the water supply service area plan.
SB523-SSA1,110,8
1(e)
Standards for approval of certain unpermitted withdrawals. 1. Except as
2provided in par. (dm), the department may not approve an application under par. (d)
31. for a new withdrawal that will equal at least 1,000,000 gallons per day for any 30
4consecutive days, or for an existing withdrawal that is not covered by a general
5permit under sub. (4s) or s. 281.344 (4s) and that is proposed to be modified so that
6it will equal at least 1,000,000 gallons per day for any 30 consecutive days, but to
7which subd. 2. does not apply, unless the withdrawal meets the state
8decision-making standard under sub. (5m).
SB523-SSA1,110,159
2. Except as provided in subd. 3. or par. (dm), the department may not approve
10an application under par. (d) 1. for a new withdrawal that will equal at least
1110,000,000 gallons per day for any 30 consecutive days, or for an existing withdrawal
12that is not covered by a general permit under sub. (4s) or s. 281.344 (4s) and that is
13proposed to be modified so that it will equal at least 10,000,000 gallons per day for
14any 30 consecutive days, unless the withdrawal meets the compact decision-making
15standard under sub. (6).
SB523-SSA1,110,2216
3. A person who submits an application under par. (d) 1., to which subd. 2.
17would otherwise apply, may choose to demonstrate, using procedures specified in
18rules promulgated by the department, the water loss that will result from the
19withdrawal. If the person demonstrates that the water loss would average less than
205,000,000 gallons per day in every 90-day period, the state decision-making
21standard under sub. (5m), rather than the compact decision-making standard under
22sub. (6), applies to the withdrawal.
SB523-SSA1,111,623
(f)
Standards for approval of withdrawals covered by general permits. 1.
24Except as provided in par. (dm), the department may not approve an application
25under par. (d) 1. for a withdrawal that is covered under a general permit under sub.
1(4s) or s. 281.344 (4s) if the applicant proposes to modify the withdrawal so that it
2equals 1,000,000 or more gallons per day for any 30 consecutive days over the
3withdrawal amount as of the date that the department issued the current notice of
4coverage under the general permit or as of the compact's effective date, whichever
5is later, and if subd. 2. does not apply, unless the withdrawal meets the state
6decision-making standard under sub. (5m).
SB523-SSA1,111,147
2. Except as provided in subd. 3. or par. (dm), the department may not approve
8an application under par. (d) 1. for a withdrawal that is covered under a general
9permit under sub. (4s) or s. 281.344 (4s) if the applicant proposes to modify the
10withdrawal so that it equals 10,000,000 or more gallons per day for any 30
11consecutive days over the withdrawal amount as of the date that the department
12issued the current notice of coverage under the general permit or as of the compact's
13effective date, whichever is later, unless the withdrawal meets the compact
14decision-making standard under sub. (6).
SB523-SSA1,111,2215
3. A person who submits an application under par. (d) 1., to which subd. 2.
16would otherwise apply, may choose to demonstrate, using procedures specified in
17rules promulgated by the department, the water loss that will result from the
18increase in the withdrawal over the withdrawal amount as of the later of the dates
19under subd. 2. If the person demonstrates that the resulting increase in water loss
20would average less than 5,000,000 gallons per day in every 90-day period, the state
21decision-making standard under sub. (5m), rather than the compact
22decision-making standard under sub. (6), applies to the increase in the withdrawal.
SB523-SSA1,112,323
(g)
Modification of individual permit for increased withdrawal. 1. If a person
24making a withdrawal that is covered under an individual permit issued under this
25subsection or s. 281.344 (5) proposes to increase, during the term of the permit, the
1amount of the withdrawal over the withdrawal amount specified in the permit, the
2person shall apply to the department for a modification of the permit to increase the
3withdrawal amount.
SB523-SSA1,112,74
2. After receiving an application under subd. 1., the department shall, within
5the time limit established by the department by rule, determine whether to approve
6the application for modification of the permit or notify the applicant of any additional
7information needed to determine whether to approve the application.
SB523-SSA1,112,138
3. Except as provided in subd. 3m., if the department approves an application
9under subd. 1. and the department has issued any approvals that are required for
10modifying the withdrawal under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001
11stats., the department shall modify the individual permit. In the modified permit,
12the department shall specify a withdrawal amount that is, except as provided in
13subd. 3e., equal to the smallest of the following amounts:
SB523-SSA1,112,1914
a. The maximum hydraulic capacity of the most restrictive component of the
15water supply system used for the withdrawal for which the person has approval
16under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., or, if an approval
17under one of those provisions is not required for the most restrictive component of
18the water supply system, the maximum hydraulic capacity of the most restrictive
19component that the person proposes to use in the water supply system.
SB523-SSA1,112,2120
b. If an approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001
21stats., specifies a maximum amount of water that may be withdrawn, that amount.
SB523-SSA1,112,2322
c. Any limit on the amount of the withdrawal necessary to ensure compliance
23with a decision-making standard applicable under par. (e) or (f).
SB523-SSA1,113,324
3e. If water is withdrawn through more than one water supply system to serve
25a facility and subd. 3. c. does not apply, the department shall determine the smallest
1amount under subd. 3. a. or b. for each of the water supply systems and shall specify
2a withdrawal amount that is equal to the sum of the amounts determined for each
3of the water supply systems.
SB523-SSA1,113,94
3m. If the department approves an application under subd. 1. for a withdrawal
5for the purpose of providing water to a public water supply system that is covered by
6an approved water supply service area plan under s. 281.348, the department shall
7modify the individual permit. In the modified permit, the department shall specify
8a withdrawal amount that is equal to the withdrawal amount in the water supply
9service area plan.
SB523-SSA1,113,1110
4. If the department disapproves an application under subd. 1., the department
11shall notify the applicant in writing of the reason for the disapproval.
SB523-SSA1,113,1612
(gm)
Consistency with water supply plans. 1. The department may not approve
13an application under par. (g) 1. for a withdrawal for the purpose of providing water
14to a public water supply system that serves a population of more than 10,000 unless
15the public water supply system is covered by an approved water supply service area
16plan under s. 281.348.
SB523-SSA1,113,2017
2. The department may not approve an application under par. (g) 1. for a
18withdrawal for the purpose of providing water to a public water supply system that
19is covered by an approved water supply service area plan under s. 281.348 unless the
20withdrawal is consistent with the water supply service area plan.
SB523-SSA1,114,521
(h)
Standards for approval of certain modifications. 1. Except as provided in
22par. (gm), the department may not approve an application under par. (g) 1., if the
23person proposes to increase the amount of the withdrawal so that it equals 1,000,000
24or more gallons per day for any 30 consecutive days over the withdrawal amount as
25of the beginning of the current permit term, the compact's effective date, or the date
1that the department issued a modified permit for the withdrawal if the modification
2was subject to the state decision-making standard under sub. (5m) or the compact
3decision-making standard under sub. (6), whichever is latest, and if subd. 2. does not
4apply, unless the increased withdrawal meets the state decision-making standard
5under sub. (5m).
SB523-SSA1,114,136
2. Except as provided in subd. 3. or par. (gm), the department may not approve
7an application under par. (g) 1., if the person proposes to increase the amount of the
8withdrawal so that it equals at least 10,000,000 gallons per day for any 30
9consecutive days over the withdrawal amount as of the beginning of the current
10permit term, the compact's effective date, or the date that the department issued a
11modified permit for the withdrawal if the modification was subject to the compact
12decision-making standard under sub. (6), whichever is latest, unless the withdrawal
13meets the compact decision-making standard under sub. (6).
SB523-SSA1,114,2114
3. A person who submits an application under par. (g) 1., to which subd. 2.
15would otherwise apply, may choose to demonstrate, using procedures specified in
16rules promulgated by the department, the water loss that will result from the
17increase in the withdrawal over the withdrawal amount as of the latest of the dates
18under subd. 2. If the person demonstrates that the resulting increase in water loss
19would average less than 5,000,000 gallons per day in every 90-day period, the state
20decision-making standard under sub. (5m), rather than the compact
21decision-making standard under sub. (6), applies to the increase in the withdrawal.
SB523-SSA1,114,2222
(i)
Term of permit. The term of an individual permit is 10 years.
SB523-SSA1,115,223
(j)
Reissuance. 1. A person to whom the department has issued an individual
24permit under this subsection or s. 281.344 (5) shall apply to the department for
25reissuance of the individual permit at least 180 days before the end of the term of the
1permit if the person intends to continue to withdraw from the Great Lakes basin at
2least 1,000,000 gallons per day for any 30 consecutive days.
SB523-SSA1,115,63
2. After receiving an application under subd. 1., the department shall, within
4the time limit established by the department by rule, determine whether to approve
5the application or notify the applicant of any additional information needed to
6determine whether to approve the application.
SB523-SSA1,115,157
3. Except as provided in subd. 3m., if the department approves an application
8under subd. 1., determines that the person is in substantial compliance with the
9current individual permit, and has issued any approvals that are required for the
10withdrawal under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., the
11department shall reissue the individual permit. In the permit, the department shall
12specify a withdrawal amount that is equal to the amount in the current permit,
13except that, if the person proposes in the application to increase the amount of the
14withdrawal, the department shall specify a withdrawal amount that is, except as
15provided in subd. 3e., equal to the smallest of the following amounts:
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a. The maximum hydraulic capacity of the most restrictive component of the
17water supply system used for the withdrawal for which the person has approval
18under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., or, if an approval
19under one of those provisions is not required for the most restrictive component of
20the water supply system, the maximum hydraulic capacity of the most restrictive
21component that the person proposes to use in the water supply system.
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b. If an approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001
23stats., specifies a maximum amount of water that may be withdrawn, that amount.
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c. Any limit on the amount of the withdrawal necessary to ensure compliance
25with a decision-making standard applicable under par. (e) or (f).
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13e. If water is withdrawn through more than one water supply system to serve
2a facility and subd. 3. c. does not apply, the department shall determine the smallest
3amount under subd. 3. a. or b. for each of the water supply systems and shall specify
4a withdrawal amount that is equal to the sum of the amounts determined for each
5of the water supply systems.
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3m. If the department approves an application under subd. 1. for a withdrawal
7for the purpose of providing water to a public water supply system that is covered by
8an approved water supply service area plan under s. 281.348 and determines that
9the person is in substantial compliance with the current individual permit, the
10department shall reissue the individual permit. In the permit, the department shall
11specify a withdrawal amount that is equal to the withdrawal amount in the water
12supply service area plan.
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4. If the department disapproves an application under subd. 1., the department
14shall notify the applicant in writing of the reason for the disapproval.
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(jm)
Consistency with water supply plans; reissuance. 1. The department may
16not approve an application under par. (j) 1. for a withdrawal for the purpose of
17providing water to a public water supply system that serves a population of more
18than 10,000 if the person proposes to increase the amount of the withdrawal over the
19amount in the current permit, unless the public water supply system is covered by
20an approved water supply service area plan under s. 281.348.
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2. The department may not approve an application under par. (j) 1. for a
22withdrawal for the purpose of providing water to a public water supply system that
23is covered by an approved water supply service area plan under s. 281.348 unless the
24withdrawal is consistent with the water supply service area plan.