Amendment SSA1-SB523

SB523-SSA1,73,4 (g) Redetermination. A person to whom the department has issued a notice of coverage under a general permit shall apply to the department for redetermination of coverage under a new general permit at least 180 days before the end of the term of the current general permit if the person intends to continue to withdraw from the Great Lakes basin an average of 100,000 gallons per day or more in any 30-day period but does not intend to withdraw at least 1,000,000 gallons per day for any 30 consecutive days. If the person is in substantial compliance with the current general permit and the withdrawal qualifies for coverage under the new general permit, the department shall issue a notice of coverage under the new general permit.

SB523-SSA1,73,9 (h) Suspension and revocation. After an opportunity for a hearing, the department may suspend or revoke coverage under a general permit issued under this subsection for cause, including obtaining coverage under the permit by misrepresentation or failure to disclose material facts or substantially violating the terms of the permit.

SB523-SSA1,73,12 (i) Database. The department shall maintain a database of the withdrawal amounts for all withdrawals that are covered under general permits under this subsection.

SB523-SSA1,73,18 (5) Individual water use permits for Great Lakes basin. (a) Requirement. Beginning on the earlier of the dates under sub. (4m) (a) or (b), a person may not make a withdrawal from the Great Lakes basin that equals at least 1,000,000 gallons per day for any 30 consecutive days unless the withdrawal is covered by an individual permit. A person to whom the department has issued an individual permit shall comply with the individual permit.

SB523-SSA1,73,20 (b) Content of individual permits. The department shall include all of the following in an individual permit:

SB523-SSA1,73,22 1. A withdrawal amount as determined under par. (d) 3., 3e., or 3m. or (e) 3., 3e., or 3m. or sub. (4e).

SB523-SSA1,73,25 3. Requirements for estimating the amount withdrawn, monitoring the withdrawal, if necessary, and reporting the results of the estimating and monitoring, as provided in rules promulgated by the department.

SB523-SSA1,74,2 4. Requirements for water conservation, as provided in rules promulgated by the department under sub. (8) (d).

SB523-SSA1,74,4 5. Limits on the location and dates or seasons of the withdrawal and on the allowable uses of the water, as provided in rules promulgated by the department.

SB523-SSA1,74,6 6. Conditions on any interbasin transfer under sub. (4) made by the person making the withdrawal.

SB523-SSA1,74,8 6m. If s. 281.35 (4) applies to the withdrawal, the matters under s. 281.35 (6) (a).

SB523-SSA1,74,20 (c) Automatic issuance of individual permits for existing withdrawals. The department shall automatically issue an individual permit to a person who makes a withdrawal from the Great Lakes basin and who reports under sub. (3) (e) before the earlier of the dates under sub. (4m) (a) or (b), if the withdrawal equals at least 1,000,000 gallons per day for any 30 consecutive days. If necessary, the department may request additional information before issuing a permit under this paragraph. The department shall issue a permit under this paragraph no later than the earlier of the dates under sub. (4m) (a) or (b). In the permit, the department shall specify a withdrawal amount equal to the initial withdrawal amount determined under sub. (4e) for the withdrawal. The department may promulgate a rule under which the department issues automatic individual permits on a staggered schedule before the earlier of the dates under sub. (4m) (a) or (b).

SB523-SSA1,75,4 (d) Individual permit for new or increased unpermitted withdrawals. 1. A person who proposes to begin a withdrawal from the Great Lakes basin that will equal at least 1,000,000 gallons per day for any 30 consecutive days or to modify an existing withdrawal so that it will equal at least 1,000,000 gallons per day for any 30 consecutive days, after the first day of the 36th month beginning after the effective date of this subdivision .... [revisor inserts date], and to whom the department is not required to issue an automatic individual permit under par. (c), shall apply to the department for an individual permit. In the application, the person shall provide the information required by the department by rule.

SB523-SSA1,75,8 2. After receiving an application under subd. 1., the department shall, within the time limit established by the department by rule, determine whether to approve the application or notify the applicant of any additional information needed to determine whether to approve the application.

SB523-SSA1,75,14 3. Except as provided in subd. 3m., if the department approves an application under subd. 1. and the department has issued any approvals that are required for the withdrawal under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., the department shall issue an individual permit. In the permit, the department shall specify a withdrawal amount that is, except as provided in subd. 3e., equal to the smallest of the following amounts:

SB523-SSA1,75,20 a. The maximum hydraulic capacity of the most restrictive component of the water supply system used for the withdrawal for which the person has approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., or, if an approval under one of those provisions is not required for the most restrictive component of the water supply system, the maximum hydraulic capacity of the most restrictive component that the person proposes to use in the water supply system.

SB523-SSA1,75,22 b. If an approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., specifies a maximum amount of water that may be withdrawn, that amount.

SB523-SSA1,76,2 3e. If water is withdrawn through more than one water supply system to serve a facility, the department shall determine the smaller of the amounts under subd. 3. a. or b. for each of the water supply systems and shall specify a withdrawal amount that is equal to the sum of the amounts determined for each of the water supply systems.

SB523-SSA1,76,6 3m. a. The department may not approve an application under subd. 1. for a withdrawal for the purpose of providing water to a public water supply system that is covered by an approved water supply service area plan under s. 281.348, unless the withdrawal is consistent with the water supply service area plan.

SB523-SSA1,76,12 b. If the department approves an application under subd. 1. for a withdrawal for the purpose of providing water to a public water supply system that is covered by an approved water supply service area plan under s. 281.348, the department shall issue an individual permit. In the permit, the department shall specify a withdrawal amount that is equal to the withdrawal amount in the water supply service area plan.

SB523-SSA1,76,14 4. If the department disapproves an application under subd. 1., the department shall notify the applicant in writing of the reason for the disapproval.

SB523-SSA1,76,19 (e) Increase in withdrawal amount. 1. Before the compact's effective date, if a person making a withdrawal that is covered under an individual permit proposes to increase the amount of the withdrawal over the withdrawal amount specified in the permit, the person shall apply to the department for a modification of the permit to increase the withdrawal amount.

SB523-SSA1,76,24 3. Except as provided in subd. 3m., if the department has issued any approvals that are required for modifying the withdrawal under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., the department shall modify the withdrawal amount to an amount that is, except as provided in subd. 3e., equal to the smallest of the following amounts:

SB523-SSA1,77,6 a. The maximum hydraulic capacity of the most restrictive component of the water supply system used for the withdrawal for which the person has approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., or, if an approval under one of those provisions is not required for the most restrictive component of the water supply system, the maximum hydraulic capacity of the most restrictive component that the person proposes to use in the water supply system.

SB523-SSA1,77,8 b. If an approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., specifies a maximum amount of water that may be withdrawn, that amount.

SB523-SSA1,77,12 3e. If water is withdrawn through more than one water supply system to serve a facility, the department shall determine the smallest amount under subd. 3. a. or b. for each of the water supply systems and shall specify a withdrawal amount that is equal to the sum of the amounts determined for each of the water supply systems.

SB523-SSA1,77,16 3m. a. The department may not approve an application under subd. 1. for a withdrawal for the purpose of providing water to a public water supply system that is covered by an approved water supply service area plan under s. 281.348, unless the withdrawal is consistent with the water supply service area plan.

SB523-SSA1,77,21 b. If the department approves an application under subd. 1. for a withdrawal for the purpose of providing water to a public water supply system that is covered by an approved water supply service area plan under s. 281.348, the department shall modify the withdrawal amount to an amount equal to the withdrawal amount in the water supply service area plan.

SB523-SSA1,77,22 (f) Term of coverage. The term of an individual permit is 10 years.

SB523-SSA1,78,5 (g) Reissuance. A person to whom the department has issued an individual permit under this subsection shall apply to the department for reissuance of the individual permit at least 180 days before the end of the term of the permit if the person intends to continue to withdraw from the Great Lakes basin at least 1,000,000 gallons per day for any 30 consecutive days. If the department determines that the person is in substantial compliance with the individual permit and that the withdrawal continues to qualify for an individual permit, the department shall reissue the permit.

SB523-SSA1,78,9 (h) Suspension and revocation. After an opportunity for a hearing, the department may suspend or revoke a permit issued under this subsection for cause, including obtaining the permit by misrepresentation or failure to disclose material facts or substantially violating the terms of the permit.

SB523-SSA1,78,14 (i) Transfer of control. A permit is not transferable to any person except after notice to the department. A person who proposes to assume control over a permitted withdrawal shall file with the department a permit application and a statement of acceptance of the permit. The department may require modification or revocation and reissuance of the permit to change the name of the permittee.

SB523-SSA1,78,16 (7) Exemptions. Subsections (3) to (5) do not apply to withdrawals or interbasin transfers for any of the following purposes:

SB523-SSA1,78,19 (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.

SB523-SSA1,78,21 (b) To use in a noncommercial project that lasts no more than 3 months for fire fighting, humanitarian, or emergency response purposes.

SB523-SSA1,79,6 (7m) Emergency order. The department may, without a prior hearing, order a person to whom the department has issued an individual permit or notice of coverage under a general permit under this section to immediately stop a withdrawal if the department determines that there is a danger of imminent harm to the public health, safety, or welfare, to the environment, or to the water resources or related land resources of this state. The order shall specify the date on which the withdrawal must be stopped and the date, if any, on which it may be resumed. The order shall notify the person that the person may request a contested case hearing under ch. 227. The hearing shall be held as soon as practicable after receipt of a request for a hearing. An emergency order remains in effect pending the result of the hearing.

SB523-SSA1,79,14 (8) Statewide water conservation and efficiency. (a) Goals and objectives. The department shall specify water conservation and efficiency goals and objectives for the waters of the state. The department shall specify goals and objectives for the waters of the Great Lakes basin that are consistent with the goals under s. 281.343 (4b) (a) and the objectives identified by the regional body under Article 304 (1) of the Great Lakes—St. Lawrence River Basin Sustainable Water Resources Agreement. In specifying these goals and objectives, the department shall consult with the department of commerce and the public service commission.

SB523-SSA1,79,18 (b) Statewide program. In cooperation with the department of commerce and the public service commission, the department shall develop and implement a statewide water conservation and efficiency program that includes all of the following:

SB523-SSA1,79,20 1. Promotion of environmentally sound and economically feasible water conservation measures.

SB523-SSA1,79,22 2. Water conservation and efficiency measures that the public service commission requires or authorizes a water utility to implement under ch. 196.

SB523-SSA1,79,24 3. Water conservation and efficiency measures that the department of commerce requires or authorizes to be implemented under chs. 101 and 145.

SB523-SSA1,80,6 (d) Water conservation and efficiency measures. The department shall promulgate rules specifying water conservation and efficiency measures for the purposes of this section. In the rules, the department may not require retrofitting of existing fixtures, appliances, or equipment. In specifying the measures, the department shall consider the results of any pilot water conservation program conducted by the department in cooperation with the regional body.

SB523-SSA1,80,10 (9) Public participation. (b) Public Notice. 1. The department shall, by rule, create procedures for circulating to interested and potentially interested members of the public notices of each complete application that the department receives under sub. (4). The department shall include, in the rule, at least the following procedures:

SB523-SSA1,80,11 a. Publication of the notice as a class 1 notice under ch. 985.

SB523-SSA1,80,13 b. Mailing of the notice to any person, group, local governmental unit, or state agency upon request.

SB523-SSA1,80,16 2. The department shall establish the form and content of a public notice by rule. The department shall include in every public notice concerning an application under sub. (4) at least the following information:

SB523-SSA1,80,17 a. The name and address of each applicant.

SB523-SSA1,80,19 b. A brief description of the proposal for which the application is made under sub. (4), including the amount of the proposed interbasin transfer.

SB523-SSA1,80,22 c. A brief description of the procedures for the formulation of final determinations on applications, including the 30-day comment period required under par. (c).

SB523-SSA1,81,2 (c) Public comment. The department shall receive public comments on a proposal for which it receives an application under sub. (4) for a 30-day period beginning when the department gives notice under par. (b) 1. The department shall retain all written comments submitted during the comment period and shall consider the comments in making its decisions on the application.

SB523-SSA1,81,12 (d) Public hearing. 1. The department shall provide an opportunity for any interested person or group of persons, any affected local governmental unit, or any state agency to request a public hearing with respect to a proposal for which the department receives an application under sub. (4). A request for a public hearing shall be filed with the department within 30 days after the department gives notice under par. (b). The party filing a request for a public hearing shall indicate the interest of the party and the reasons why a hearing is warranted. The department shall hold a public hearing on a proposal for which the department receives an application under sub. (4) if the department determines that there is a significant public interest in holding a hearing.

SB523-SSA1,81,15 2. The department shall promulgate, by rule, procedures for the conduct of public hearings held under this paragraph. A hearing held under this paragraph is not a contested case hearing under ch. 227.

SB523-SSA1,81,17 3. The department shall circulate public notice of any hearing held under this paragraph in the manner provided under par. (b) 1.

SB523-SSA1,82,7 (e) Public access to information. Any record or other information provided to or obtained by the department regarding a proposal for which an application under sub. (4) is received is a public record as provided in subch. II of ch. 19. The department shall make available to and provide facilities for the public to inspect and copy any records or other information provided to or obtained by the department regarding a proposal for which an application for a new or increased interbasin transfer under sub. (4) is received, except that any record or other information provided to the department may be treated as confidential upon a showing to the secretary that the record or information is entitled to protection as a trade secret, as defined in s. 134.90 (1) (c), or upon a determination by the department that domestic security concerns warrant confidential treatment. Nothing in this subsection prevents the use of any confidential records or information obtained by the department in the administration of this section in compiling or publishing general analyses or summaries, if the analyses or summaries do not identify a specific owner or operator.

SB523-SSA1,82,10 (13m) Exceedances. It is not a violation of this section to inadvertently withdraw an amount of water that exceeds the withdrawal amount specified in a permit issued under sub. (5) or in the database under sub. (4s) (i).

SB523-SSA1,82,14 (14) Penalties. (a) Any person who violates this section or any rule promulgated or approval issued under this section shall forfeit not less than $10 nor more than $10,000 for each violation. Each day of continued violation is a separate offense.

SB523-SSA1,82,18 (c) In addition to the penalties under par. (a), the court may order the defendant to abate any nuisance, restore a natural resource, or take, or refrain from taking, any other action as necessary to eliminate or minimize any environmental damage caused by the violation.

SB523-SSA1,82,19 (15) Sunset. This section does not apply after the compact's effective date.

SB523-SSA1, s. 11 Section 11. 281.346 of the statutes is created to read:

SB523-SSA1,82,22 281.346 Water conservation, reporting, and supply regulation; after the compact takes effect. (1) Definitions. In this section:

SB523-SSA1,82,25 (d) "Community within a straddling county" means any city, village, or town that is not a straddling community and that is located outside the Great Lakes basin but wholly within a county that lies partly within the Great Lakes basin.

SB523-SSA1,83,2 (dm) "Compact" means the Great Lakes—St. Lawrence River Basin Water Resources Compact under s. 281.343.

SB523-SSA1,83,4 (dr) "Compact's effective date" means the effective date of the compact under s. 281.343 (9) (d).

SB523-SSA1,83,7 (e) "Consumptive use" means a use of water that results in the loss of or failure to return some or all of the water to the basin from which the water is withdrawn due to evaporation, incorporation into products, or other processes.

SB523-SSA1,83,14 (g) "Cumulative impacts" means the impacts on the Great Lakes basin ecosystem that result from incremental effects of all aspects of a withdrawal, diversion, or consumptive use in addition to other past, present, and reasonably foreseeable future withdrawals, diversions, and consumptive uses regardless of who undertakes the other withdrawals, diversions, and consumptive uses, including individually minor but collectively significant withdrawals, diversions, and consumptive uses taking place over a period of time.

SB523-SSA1,83,20 (h) "Diversion" means a transfer of water from the Great Lakes basin into a watershed outside the Great Lakes basin, or from the watershed of one of the Great Lakes into that of another, by any means of transfer, including a pipeline, canal, tunnel, aqueduct, channel, modification of the direction of a water course, tanker ship, tanker truck, or rail tanker except that "diversion" does not include any of the following:

SB523-SSA1,83,23 1. The transfer of a product produced in the Great Lakes basin or in the watershed of one of the Great Lakes, using waters of the Great Lakes basin, out of the Great Lakes basin or out of that watershed.

SB523-SSA1,84,3 2. The transmission of water within a line that extends outside the Great Lakes basin as it conveys water from one point to another within the Great Lakes basin if no water is used outside the Great Lakes basin.

SB523-SSA1,84,5 3. The transfer of bottled water from the Great Lakes basin in containers of 5.7 gallons or less.

SB523-SSA1,84,11 (hm) "Divert" means to transfer water from the Great Lakes basin into a watershed outside the Great Lakes basin, or from the watershed of one of the Great Lakes into that of another, by any means of transfer, including a pipeline, canal, tunnel, aqueduct, channel, modification of the direction of a water course, tanker ship, tanker truck, or rail tanker except that "divert" does not include any of the following:

SB523-SSA1,84,14 1. To transfer a product produced in the Great Lakes basin or in the watershed of one of the Great Lakes, using waters of the Great Lakes basin, out of the Great Lakes basin or out of that watershed.

SB523-SSA1,84,17 2. To transmit water within a line that extends outside the Great Lakes basin as it conveys water from one point to another within the Great Lakes basin if no water is used outside the Great Lakes basin.

SB523-SSA1,84,19 3. To transfer bottled water from the Great Lakes basin in containers of 5.7 gallons or less.

SB523-SSA1,84,25 (i) "Environmentally sound and economically feasible water conservation measures" means those measures, methods, or technologies for efficient water use and for reducing water loss and waste or for reducing the amount of a withdrawal, consumptive use, or diversion that are, taking into account environmental impact, the age and nature of equipment and facilities involved, the processes employed, the energy impacts, and other appropriate factors, all of the following:

SB523-SSA1,85,1 1. Environmentally sound.

SB523-SSA1,85,2 2. Reflective of best practices applicable to the water use sector.

SB523-SSA1,85,3 3. Technically feasible and available.

SB523-SSA1,85,5 4. Economically feasible and cost-effective based on an analysis that considers direct and avoided economic and environmental costs.

SB523-SSA1,85,9 (j) "Facility" means an operating plant or establishment providing electricity to the public or carrying on any manufacturing activity, trade, or business on one site, including similar plants or establishments under common ownership or control located on contiguous properties.

SB523-SSA1,85,12 (je) "Great Lakes basin" means the watershed of the Great Lakes and the St. Lawrence River upstream from Trois—Rivieres, Quebec, within the jurisdiction of the parties.

SB523-SSA1,85,14 (ji) "Great Lakes basin ecosystem" means the interacting components of air, land, water, and living organisms, including humans, within the Great Lakes basin.

SB523-SSA1,85,16 (jj) "Great Lakes council" means the Great Lakes—St. Lawrence River Basin Water Resources Council, created under s. 281.343 (2) (a).

SB523-SSA1,85,18 (jm) "Intrabasin transfer" means the transfer of water from the watershed of one of the Great Lakes into the watershed of another of the Great Lakes.

SB523-SSA1,85,19 (n) "Party" means a state that is a party to the compact.

SB523-SSA1,85,23 (nm) Notwithstanding s. 281.01 (9), "person" means an individual or other entity, including a government or a nongovernmental organization, including any scientific, professional, business, nonprofit, or public interest organization or association that is neither affiliated with nor under the direction of a government.

SB523-SSA1,86,2 (o) "Product" means something produced by human or mechanical effort or through agricultural processes and used in manufacturing, commercial, or other processes or intended for intermediate or ultimate consumers, subject to all of the following:

SB523-SSA1,86,3 1. Water used as part of the packaging of a product is part of the product.

SB523-SSA1,86,6 2. Other than water used as part of the packaging of a product, water that is used primarily to transport materials in or out of the Great Lakes basin is not a product or part of a product.

SB523-SSA1,86,8 3. Except as provided in subd. 1., water that is transferred as part of a public or private supply is not a product or part of a product.