SB523: Bill Text

SB523,105,14 (c) Straddling communities. The department may approve a proposal under par. (b) to begin a diversion, or to increase the amount of a diversion, to an area within a straddling community but outside the Great Lakes basin or outside the source watershed if the water diverted will be used solely for public water supply purposes in the straddling community and all of the following apply:

SB523,105,17 1. An amount of water equal to the amount of water withdrawn from the Great Lakes basin, less an allowance for consumptive use, will be returned to the source watershed.

SB523,105,19 2. No surface water or groundwater from outside the source watershed will be returned to the source watershed unless all of the following apply:

SB523,105,21 a. The returned water will be from a water supply or wastewater treatment system that combines water from inside and outside the Great Lakes basin.

SB523,105,24 b. The returned water will be treated to meet applicable permit requirements under s. 283.31 and to prevent the introduction of invasive species into the Great Lakes basin.

SB523,106,4 c. The proposal maximizes the amount of water withdrawn from the Great Lakes basin that will be returned to the source watershed and minimizes the amount of water from outside the Great Lakes basin that will be returned to the source watershed.

SB523,106,6 2m. The proposal is consistent with an approved water supply service area plan under s. 281.348 that covers the public water supply system.

SB523,106,9 3. If the proposal would result from a new withdrawal or an increase in a withdrawal that would average 100,000 gallons or more per day in any 90-day period, the proposal meets the exception standard under par. (f).

SB523,106,12 4. If the proposal would result in a new water loss or an increase in a water loss from consumptive use that would average 5,000,000 gallons or more per day in any 90-day period, all of the following apply:

SB523,106,13 a. The department conducts a technical review.

SB523,106,15 b. The department notifies the regional body as required in s. 281.343 (4h) (b) 1.

SB523,106,16 c. The proposal undergoes regional review.

SB523,106,18 d. The department considers the regional declaration of finding in determining whether to approve the proposal.

SB523,107,2 (d) Intrabasin transfer. 1. The department may approve a proposal under par. (b) for a new intrabasin transfer or an increase in an intrabasin transfer to which par. (c) does not apply that would average less than 100,000 gallons per day in every 90-day period, if the proposal meets the applicable requirements under s. 30.18, 281.34, or 281.41 or, if those sections do not apply, any requirements specified by the department by rule and, if the water will be used for public water supply purposes, the proposal is consistent with an approved water supply service area plan under s. 281.348 that covers the public water supply system.

SB523,107,7 2. The department may approve a proposal under par. (b) for a new intrabasin transfer or an increase in an intrabasin transfer to which par. (c) does not apply that would average more than 100,000 gallons per day in any 90-day period with a new water loss or an increase in water loss that would average less than 5,000,000 gallons per day in every 90-day period, if all of the following apply:

SB523,107,10 a. The proposal meets the exception standard under par. (f), except that the water may be returned to a watershed within the Great Lakes basin other than the source watershed and par. (f) 3m. does not apply.

SB523,107,14 b. The applicant demonstrates that there is no feasible, cost-effective, and environmentally sound water supply alternative within the watershed to which the water will be transferred, including conservation of existing water supplies as determined under par. (g).

SB523,107,17 c. If the water will be used for public water supply purposes, the proposal is consistent with an approved water supply service area plan under s. 281.348 that covers the public water supply system.

SB523,107,18 d. The department provides notice of the proposal to the other parties.

SB523,107,22 3. The department may approve a proposal under par. (b) for a new intrabasin transfer or an increase in an intrabasin transfer to which par. (c) does not apply with a new water loss or an increase in water loss that would average 5,000,000 gallons per day or more in any 90-day period, if all of the following apply:

SB523,107,23 a. The proposal meets the exception standard under par. (f).

SB523,108,2 b. The applicant demonstrates that there is no feasible, cost-effective, and environmentally sound water supply alternative within the watershed to which the water will be transferred, including conservation of existing water supplies as determined under par. (g).

SB523,108,5 c. If the water will be used for public water supply purposes, the proposal is consistent with an approved water supply service area plan under s. 281.348 that covers the public water supply system.

SB523,108,6 d. The department conducts a technical review.

SB523,108,8 e. The department notifies the regional body as required in s. 281.343 (4h) (b) 1.

SB523,108,9 f. The proposal undergoes regional review.

SB523,108,11 g. The department considers the regional declaration of finding in determining whether to approve the proposal.

SB523,108,12 h. The proposal is approved by the Great Lakes council.

SB523,108,16 (e) Straddling counties. 1. The department may approve a proposal under par. (b) for a new diversion or an increase in a diversion if the water diverted will be used solely for public water supply purposes in a community within a straddling county and all of the following apply:

SB523,108,20 a. The community does not have a water supply that is economically and environmentally sustainable in the long term to meet reasonable demands for a water supply, based on considerations of public health, economic feasibility, and direct and avoided environmental impacts.

SB523,108,21 b. The proposal meets the exception standard under par. (f).

SB523,108,25 c. The proposal maximizes the amount of water withdrawn from the Great Lakes basin that will be returned to the source watershed and minimizes the amount of water from outside the Great Lakes basin that will be returned to the source watershed.

SB523,109,3 d. There is no reasonable water supply alternative within the watershed in which the community is located, including conservation of existing water supplies as determined under par. (g).

SB523,109,6 e. The proposal will not endanger the integrity of the Great Lakes basin ecosystem based upon a determination that the proposal will have no significant adverse impact on the Great Lakes basin ecosystem.

SB523,109,8 em. The proposal is consistent with an approved water supply service area plan under s. 281.348 that covers the public water supply system.

SB523,109,9 f. The department conducts a technical review.

SB523,109,11 g. The department notifies the regional body as required in s. 281.343 (4h) (b) 1.

SB523,109,12 h. The proposal undergoes regional review.

SB523,109,14 i. The department considers the regional declaration of finding in determining whether to approve the proposal.

SB523,109,15 j. The proposal is approved by the Great Lakes council.

SB523,109,20 2. In determining whether to approve a proposal under this paragraph, the department shall give substantive consideration to whether the applicant provides sufficient scientifically based evidence that the existing water supply is derived from groundwater that is hydrologically interconnected to waters of the Great Lakes basin.

SB523,109,22 (f) Exception standard. A proposal meets the exception standard if all of the following apply:

SB523,109,25 1. The need for the proposed diversion cannot reasonably be avoided through the efficient use and conservation of existing water supplies as determined under par. (g).

SB523,110,2 2. The diversion is limited to quantities that are reasonable for the purposes for which the diversion is proposed.

SB523,110,5 3. An amount of water equal to the amount of water withdrawn from the Great Lakes basin will be returned to the source watershed, less an allowance for consumptive use.

SB523,110,8 3m. The place at which the water is returned to the source watershed is as close as practicable to the place at which the water is withdrawn, unless the applicant demonstrates that returning the water at that place is one of the following:

SB523,110,9 a. Not economically feasible.

SB523,110,10 b. Not environmentally sound.

SB523,110,11 c. Not in the interest of public health.

SB523,110,13 4. No water from outside the Great Lakes basin will be returned to the source watershed unless all of the following apply:

SB523,110,15 a. The returned water is from a water supply or wastewater treatment system that combines water from inside and outside the Great Lakes basin.

SB523,110,18 b. The returned water will be treated to meet applicable permit requirements under s. 283.31 and to prevent the introduction of invasive species into the Great Lakes basin and the department has approved the permit under s. 283.31.

SB523,110,21 c. The structure used to return the water is designed and will be operated to meet the applicable permit requirements under s. 30.12 and the department has approved the permit under s. 30.12.

SB523,111,2 4m. If water will be returned to the source watershed through a stream tributary to one of the Great Lakes, the physical, chemical, and biological integrity of the receiving water under subd. 3. will be protected and sustained as required under ss. 30.12, 281.15, and 283.31, considering the state of the receiving water before the proposal is implemented and considering both low and high flow conditions.

SB523,111,8 5. The diversion will result in no significant adverse individual impacts or cumulative impacts to the quantity or quality of the waters of the Great Lakes basin or to water dependent natural resources, including cumulative impacts that might result due to any precedent-setting aspects of the proposed diversion, based upon a determination that the proposed diversion will not have any significant adverse impacts on the sustainable management of the waters of the Great Lakes basin.

SB523,111,11 6. The applicant commits to implementing the applicable water conservation measures under sub. (8) (d) that are environmentally sound and economically feasible for the applicant.

SB523,111,14 7. The diversion will be in compliance with all applicable local, state, and federal laws and interstate and international agreements, including the Boundary Waters Treaty of 1909.

SB523,111,20 (g) Conservation and efficient use of existing water supplies. The department shall promulgate rules specifying the requirements for an applicant for a new or increased diversion subject to par. (f) to demonstrate the efficient use and conservation of existing water supplies for the purposes of pars. (d) 2. b. and 3. b., (e) 1. d., and (f) 1., including requiring the applicant to quantify the amount of water conserved through efficiency and conservation measures.

SB523,111,24 (i) Diversion amount. In an approval issued under this subsection or a modification granted under this subsection to increase the amount of a diversion, the department shall specify a diversion amount equal to the quantity of water that is reasonable for the purposes for which the diversion is proposed.

SB523,112,5 (4m) Water use permits required in the Great Lakes basin. (a) A person may not make a withdrawal from the Great Lakes basin that averages 100,000 gallons per day or more in any 30-day period unless the withdrawal is covered under a general permit issued under sub. (4s) or s. 281.344 (4s) or an individual permit issued under sub. (5) or s. 281.344 (5).

SB523,112,11 (4s) General water use permits for Great Lakes basin. (a) Department to issue. The department shall issue one or more general permits to cover withdrawals from the Great Lakes basin that average 100,000 gallons per day or more in any 30-day period but that do not equal at least 1,000,000 gallons per day for any 30 consecutive days. The department shall include all of the following in a general permit:

SB523,112,12 1. Reference to the database of withdrawal amounts under par. (i).

SB523,112,14 2. Requirements for reporting, metering, and surveillance, as provided in rules promulgated by the department.

SB523,112,16 3. Requirements for water conservation, as provided in rules promulgated by the department under sub. (8) (d).

SB523,112,20 4. Other conditions, limitations, or restrictions, as provided in rules promulgated by the department, that the department determines are necessary to protect the environment or public health and safety or to ensure the conservation and proper management of the waters of the Great Lakes basin.

SB523,112,22 (am) Term of general permit. The term of a general permit issued under par. (a) is 10 years.

SB523,113,4 (b) General requirement. A person who does not hold an individual permit under sub. (5) may not make 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, unless the withdrawal is covered under a general permit issued under this subsection or s. 281.344 (4s). A person to whom the department has issued a notice of coverage under a general permit shall comply with the general permit.

SB523,113,13 (d) Coverage under general permit for new or increased withdrawals. 1. A person who proposes to begin a withdrawal from the Great Lakes basin that will average 100,000 gallons per day or more in any 30-day period, or to increase an existing withdrawal so that it will average 100,000 gallons per day or more in any 30-day period, but who does not propose to withdraw at least 1,000,000 gallons per day for any 30 consecutive days, shall apply to the department for coverage under a general permit, unless the person applies for an individual permit under sub. (5). In the application, the person shall provide the information required by the department by rule.

SB523,113,18 2. After receiving an application under subd. 1., the department shall, within the time limit established by the department by rule, determine whether the withdrawal qualifies for coverage under a general permit or notify the applicant of any additional information needed to determine whether the withdrawal qualifies for coverage under a general permit.

SB523,113,24 3. Except as provided in subd. 3m., if the department determines that a withdrawal qualifies for coverage under a general permit and the department has issued any approvals under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., that are required for the withdrawal, the department shall issue a notice of coverage. In the notice, the department shall specify a withdrawal amount that is equal to the smallest of the following amounts:

SB523,114,6 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.

SB523,114,8 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.

SB523,114,12 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 serves a population of more than 10,000 unless the withdrawal is covered by an approved water supply service area plan under s. 281.348.

SB523,114,16 b. 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.

SB523,114,22 c. 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 a notice of coverage. In the notice of coverage the department shall specify a withdrawal amount that is equal to the withdrawal amount in the water supply service area plan.

SB523,114,25 4. If the department determines that a withdrawal does not qualify for coverage under a general permit, the department shall notify the applicant in writing of the reason for that determination.

SB523,115,8 (dm) Requiring individual permit. The department may require a person who is making or proposes to make 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, to obtain an individual permit under sub. (5) if the withdrawal is located in a groundwater protection area, as defined in s. 281.34 (1) (a), or a groundwater management area designated under s. 281.34 (9) or if coverage under an individual permit is necessary to protect public health or safety or to ensure the conservation and proper management of the waters of the state.

SB523,115,14 (e) Increase in withdrawal amount. 1. If a person making a withdrawal that is covered under a general permit issued under this subsection or s. 281.344 (4s) proposes to increase the amount of the withdrawal over the withdrawal amount specified in the database under par. (i) for the withdrawal, but does not propose to withdraw at least 1,000,000 gallons per day for any 30 consecutive days, the person shall apply to the department for a modification of the withdrawal amount.

SB523,115,18 3. Except as provided in subd. 3m., if the department has issued any approvals under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., that are required for modifying the withdrawal, the department shall modify the withdrawal amount to an amount equal to the smallest of the following amounts:

SB523,115,24 1. 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.

SB523,116,2 2. 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.

SB523,116,6 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 serves a population of more than 10,000 unless the withdrawal is covered by an approved water supply service area plan under s. 281.348.

SB523,116,10 b. 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.

SB523,116,16 c. 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 a notice of coverage. In the notice of coverage the department shall specify a withdrawal amount that is equal to the withdrawal amount in the water supply service area plan.

SB523,116,18 (f) Term of coverage. Coverage under a general permit ends on the date that the term of the general permit under par. (am) ends.

SB523,117,3 (g) Redetermination. A person to whom the department has issued a notice of coverage under a general permit issued under this subsection or s. 281.344 (4s) shall apply to the department for redetermination of coverage under a new general permit issued under this subsection 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 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.

SB523,117,8 (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 or s. 281.344 (4s) for cause, including obtaining coverage under the permit by misrepresentation or failure to disclose relevant facts or violating the terms of the permit.

SB523,117,11 (i) Database. The department shall maintain a database of the withdrawal amounts for all withdrawals that are covered under general permits issued under this subsection and s. 281.344 (4s).

SB523,117,17 (5) Individual water use permits for Great Lakes basin. (a) Requirement. 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 issued under this subsection or s. 281.344 (5). A person to whom the department has issued an individual permit shall comply with the individual permit.