281.344(4e)(d)6.
6. Water loss from consumptive uses of similar types of users compared to the water loss from consumptive use of persons using the water that is withdrawn.
281.344(4e)(e)
(e) Except as provided in
par. (f), the department shall determine the initial withdrawal amount for a withdrawal based on the estimate under
par. (b) and the department's evaluation of any information provided under
par. (d). The department may not consider information provided by any other person.
281.344(4e)(f)
(f) For a public water supply system that, on June 11, 2008, has approval under
s. 281.41 to provide water from the Great Lakes basin for public water supply purposes outside of the Great Lakes basin and approval under
s. 283.31 to return the associated wastewater to the Great Lakes basin, the department shall determine the initial withdrawal amount to be the amount of water necessary to provide water for public water supply purposes in the service territory specified in the sewer service area provisions of the areawide water quality management plan under
s. 283.83 approved by the department before December 31, 2007, based on the population and related service projections in those provisions.
281.344(4e)(g)
(g) The department's determination of an initial withdrawal amount under
par. (e) or
(f) is not subject to administrative review under
ch. 227 except at the request of the person making the withdrawal.
281.344(4e)(h)
(h) If 2 or more public water supply systems merge after the department determines their initial withdrawal amounts under
par. (e) and before the department issues the initial individual permits under
sub. (5) (c) for the systems, the initial withdrawal amount for the new system is the sum of the amounts determined under
par. (e) for the individual systems.
281.344(4m)
(4m) Water use permits required in the Great Lakes basin. Beginning on June 1, 2015, except as provided in
sub. (4s) (bm), 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 under
sub. (4s) or an individual permit under
sub. (5).
281.344(4s)
(4s) General water use permits for Great Lakes basin. 281.344(4s)(a)(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:
281.344(4s)(a)2.
2. 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.
281.344(4s)(a)3.
3. Requirements for water conservation, as provided in rules promulgated by the department under
sub. (8) (d).
281.344(4s)(am)
(am)
Term of general permit. The term of a general permit issued under
par. (a) is 25 years.
281.344(4s)(b)
(b)
General requirement. Beginning on the date under
sub. (4m), 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, except as provided in
par. (bm). A person to whom the department has issued a notice of coverage under a general permit shall comply with the general permit.
281.344(4s)(bm)
(bm)
Waiver. The department may waive the requirement to obtain coverage under a general permit for a person making a withdrawal that is covered by a permit under
s. 30.18 (2) (a).
281.344(4s)(c)
(c)
Automatic notice of coverage for existing withdrawals. The department shall automatically issue a notice of coverage under a general permit to a person who makes a withdrawal from the Great Lakes basin and who reports under
sub. (3) (e) before the date under
sub. (4m), if the withdrawal averages 100,000 gallons per day or more in any 30-day period but does not equal at least 1,000,000 gallons per day for any 30 consecutive days. If necessary, the department may request additional information before issuing a notice under this paragraph. The department shall issue a notice under this paragraph no later than the date under
sub. (4m). The department may promulgate a rule under which the department issues automatic notices of coverage under a general permit on a staggered schedule before the date under
sub. (4m). In the notice provided under this paragraph for a withdrawal, the department shall specify a withdrawal amount equal to the initial withdrawal amount determined under
sub. (4e) for the withdrawal.
281.344(4s)(d)
(d)
Coverage under general permit for new or increased withdrawals. 281.344(4s)(d)1.1. 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, after June 1, 2011, and to whom the department is not required to issue automatic notice of coverage under a general permit under
par. (c), 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. In the application, the person shall provide the information required by the department by rule.
281.344(4s)(d)2.
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.
281.344(4s)(d)3.
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 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 a notice of coverage. In the notice, the department shall specify a withdrawal amount that is, except as provided in
subd. 3e., equal to the smallest of the following amounts:
281.344(4s)(d)3.a.
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.
281.344(4s)(d)3e.
3e. If water is withdrawn through more than one water supply system to serve a facility, the department shall determine the smallest 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.
281.344(4s)(d)3m.a.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.
281.344(4s)(d)3m.b.
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 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.
281.344(4s)(d)4.
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.
281.344(4s)(dm)
(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).
281.344(4s)(e)1.1. Before the compact's effective date, if a person making a withdrawal that is covered under a general permit 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.
281.344(4s)(e)3.
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:
281.344(4s)(e)3.a.
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.
281.344(4s)(e)3e.
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.
281.344(4s)(e)3m.a.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.
281.344(4s)(e)3m.b.
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.
281.344(4s)(f)
(f)
Term of coverage. Coverage under a general permit ends on the date that the term of the general permit under
par. (am) ends.
281.344(4s)(g)
(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.
281.344(4s)(h)
(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.
281.344(4s)(i)
(i)
Database. The department shall maintain a database of the withdrawal amounts for all withdrawals that are covered under general permits under this subsection.
281.344(5)
(5) Individual water use permits for Great Lakes basin. 281.344(5)(a)(a)
Requirement. Beginning on the date under
sub. (4m), 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.
281.344(5)(b)
(b)
Content of individual permits. The department shall include all of the following in an individual permit:
281.344(5)(b)3.
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.
281.344(5)(b)4.
4. Requirements for water conservation, as provided in rules promulgated by the department under
sub. (8) (d).
281.344(5)(b)5.
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.
281.344(5)(b)6.
6. Conditions on any interbasin transfer under
sub. (4) made by the person making the withdrawal.
281.344(5)(c)
(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 date under
sub. (4m), 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 date under
sub. (4m). 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 date under
sub. (4m).
281.344(5)(d)
(d)
Individual permit for new or increased unpermitted withdrawals. 281.344(5)(d)1.1. 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 June 1, 2011, 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.
281.344(5)(d)2.
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.
281.344(5)(d)3.
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:
281.344(5)(d)3.a.
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.
281.344(5)(d)3e.
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.
281.344(5)(d)3m.a.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.
281.344(5)(d)3m.b.
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.
281.344(5)(d)4.
4. If the department disapproves an application under
subd. 1., the department shall notify the applicant in writing of the reason for the disapproval.
281.344(5)(e)1.1. 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.
281.344(5)(e)3.
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:
281.344(5)(e)3.a.
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.
281.344(5)(e)3e.
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.
281.344(5)(e)3m.a.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.
281.344(5)(e)3m.b.
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.
281.344(5)(f)
(f)
Term of coverage. The term of an individual permit is 10 years.
281.344(5)(g)
(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.
281.344(5)(h)
(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.
281.344(5)(i)
(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.
281.344(5m)
(5m) Interim approval. If a person making a withdrawal that averages 100,000 gallons per day or more in any 30-day period registers the withdrawal under
sub. (3) (a) 1. and reports as required under
sub. (3) (e) and the department does not automatically issue a notice of coverage under
sub. (4s) (c) or an individual permit under
sub. (5) (c) for the withdrawal before the compact's effective date, the registration of the withdrawal constitutes an approval for the purposes of
s. 281.343 (4t) (b) 1. The withdrawal amount is the total amount reported under
sub. (3) (b) 4m., except that if there is a limit in an approval under
s. 30.12,
30.18,
281.34, or
281.41 or s.
281.17, 2001 stats., on the amount of water that may be withdrawn by any water supply system used for the withdrawal and that limit is less than the amount reported under
sub. (3) (b) 4m. for that water supply system, the withdrawal amount is the total amount reported under
sub. (3) (b) 4m. reduced by the difference between the reported amount for that water supply system and the limit in the approval.
281.344(7)
(7) Exemptions. Subsections (3) to
(5) do not apply to withdrawals or interbasin transfers for any of the following purposes:
281.344(7)(a)
(a) To supply vehicles, including vessels and aircraft, for the needs of the persons or animals being transported or for ballast or other needs related to the operation of the vehicles.
281.344(7)(b)
(b) To use in a noncommercial project that lasts no more than 3 months for fire fighting, humanitarian, or emergency response purposes.
281.344(7m)
(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.
281.344(8)
(8) Statewide water conservation and efficiency. 281.344(8)(a)(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 safety and professional services and the public service commission.
281.344(8)(b)
(b)
Statewide program. In cooperation with the department of safety and professional services and the public service commission, the department shall develop and implement a statewide water conservation and efficiency program that includes all of the following:
281.344(8)(b)1.
1. Promotion of environmentally sound and economically feasible water conservation measures through a voluntary statewide program.
281.344(8)(b)1m.
1m. Mandatory and voluntary conservation and efficiency measures for the waters of the Great Lakes basin that are necessary to implement
subs. (4),
(4s), and
(5) and
s. 281.348.
281.344(8)(b)2.
2. Water conservation and efficiency measures that the public service commission requires or authorizes a water utility to implement under
ch. 196.
281.344(8)(b)3.
3. Water conservation and efficiency measures that the department of safety and professional services requires or authorizes to be implemented under
chs. 101 and
145.
281.344(8)(d)
(d)
Water conservation and efficiency measures. The department shall promulgate rules specifying water conservation and efficiency measures for the purposes of implementing
par. (b). 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.
