SB523: Bill Text

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SB523,108,25 c. The proposal maximizes the amount of water withdrawn from the Great Lakes basin that will be returned to the source watershed and minimizes the amount of water from outside the Great Lakes basin that will be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

SB523,117,19 (b) Content of individual permits. The department shall include all of the following in an individual permit:

SB523,117,21 1. A withdrawal amount as determined under par. (d) 3. or 3m., (g) 3. or 3m., or (j) 3. or 3m. or s. 281.344 (3m) or (4e).

SB523,117,24 2. Provisions that the department determines are necessary for tracking increases in water loss resulting from increases in withdrawal amounts during the term of the permit.

SB523,118,2 3. Requirements for reporting, metering, and surveillance, as provided in rules promulgated by the department.

SB523,118,4 4. Requirements for water conservation, as provided in rules promulgated by the department under sub. (8) (d).

SB523,118,6 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.

SB523,118,8 6. Conditions on any diversion approved under sub. (4) made by the person making the withdrawal.

SB523,118,12 7. If the withdrawal is from a surface water body tributary to one of the Great Lakes and would result in a water loss of more than 95 percent of the amount of water withdrawn, conditions that ensure that the withdrawal does not cause significant adverse environmental impact.

SB523,118,16 8. 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.

SB523,118,21 (d) Initial individual permit. 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 shall apply to the department for an individual permit.

SB523,118,25 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.

SB523,119,5 3. Except as provided in subd. 3m., if the department approves an application under subd. 1. 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 an individual permit. In the permit, the department shall specify a withdrawal amount that is equal to the smallest of the following amounts:

SB523,119,11 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.

SB523,119,13 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.

SB523,119,15 c. Any limit on the amount of the withdrawal necessary to ensure compliance with a decision-making standard applicable under par. (e) or (f).

SB523,119,21 3m. 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.

SB523,119,23 4. If the department disapproves an application under subd. 1., the department shall notify the applicant in writing of the reason for the disapproval.

SB523,120,3 (dm) Consistency with water supply plans. 1. The department may not approve an application under par. (d) 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 public water supply system is covered by an approved water supply service area plan under s. 281.348.

SB523,120,7 2. The department may not approve an application under par. (d) 1. 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.

SB523,120,18 (e) Standards for approval of certain unpermitted withdrawals. 1. Except as provided in par. (dm), the department may not approve an application under par. (d) 1. for a new withdrawal that will equal at least 1,000,000 gallons per day for any 30 consecutive days, or for an existing withdrawal that is not covered by a general permit under sub. (4s) or s. 281.344 (4s) and that is proposed to be modified so that it will equal at least 1,000,000 gallons per day for any 30 consecutive days, but to which subd. 2. does not apply, unless the withdrawal meets the state decision-making standard under sub. (5m) and, if the withdrawal will result in a water loss that averages more than 2,000,000 gallons per day in any 30-day period, the withdrawal meets the consumptive use decision-making standard under sub. (6m).

SB523,121,2 2. Except as provided in par. (dm), the department may not approve an application under par. (d) 1. for a new withdrawal that will equal at least 10,000,000 gallons per day for any 30 consecutive days, or for an existing withdrawal that is not covered by a general permit under sub. (4s) or s. 281.344 (4s) and that is proposed to be modified so that it will equal at least 10,000,000 gallons per day for any 30 consecutive days, unless the withdrawal meets the compact decision-making standard under sub. (6) and, if the withdrawal will result in a water loss that averages more than 2,000,000 gallons per day in any 30-day period, the withdrawal meets the consumptive use decision-making standard under sub. (6m).

SB523,121,14 (f) Standards for approval of withdrawals covered by general permits. 1. Except as provided in par. (dm), the department may not approve an application under par. (d) 1. for a withdrawal that is covered under a general permit under sub. (4s) or s. 281.344 (4s) if the applicant proposes to modify the withdrawal so that it equals 1,000,000 or more gallons per day for any 30 consecutive days over the withdrawal amount as of the date that the department issued the current notice of coverage under the general permit or as of the compact's effective date, whichever is later, and if subd. 2. does not apply, unless the withdrawal meets the state decision-making standard under sub. (5m) and, if the cumulative water loss, as determined under par. (km), averages more than 2,000,000 gallons per day in any 30-day period, the withdrawal meets the consumptive use decision-making standard under sub. (6m).

SB523,121,24 2. Except as provided in par. (dm), the department may not approve an application under par. (d) 1. for a withdrawal that is covered under a general permit under sub. (4s) or s. 281.344 (4s) if the applicant proposes to modify the withdrawal so that it equals 10,000,000 or more gallons per day for any 30 consecutive days over the withdrawal amount as of the date that the department issued the current notice of coverage under the general permit or as of the compact's effective date, whichever is later, unless the withdrawal meets the compact decision-making standard under sub. (6) and, if the cumulative water loss, as determined under par. (km), averages more than 2,000,000 gallons per day in any 30-day period, the withdrawal meets the consumptive use decision-making standard under sub. (6m).

SB523,122,6 (g) Modification of individual permit for increased withdrawal. 1. If a person making a withdrawal that is covered under an individual permit issued under this subsection or s. 281.344 (5) proposes to increase, during the term of the permit, 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.

SB523,122,10 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 for modification of the permit or notify the applicant of any additional information needed to determine whether to approve the application.

SB523,122,16 3. Except as provided in subd. 3m., if the department approves an application under subd. 1. 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 modification of the withdrawal, the department shall modify the individual permit. In the modified permit, the department shall specify a withdrawal amount that is equal to the smallest of the following amounts:

SB523,122,22 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.

SB523,122,24 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.