AB75-SSA1,1371,85
b. The department may not approve an application under subd. 1.
or 1m. for
6a withdrawal for the purpose of providing water to a public water supply system that
7is covered by an approved water supply service area plan under s. 281.348, unless
8the withdrawal is consistent with the water supply service area plan.
AB75-SSA1,1371,149
c. If the department approves an application under subd. 1.
or 1m. for a
10withdrawal for the purpose of providing water to a public water supply system that
11is covered by an approved water supply service area plan under s. 281.348, the
12department shall issue a notice of coverage. In the notice of coverage the department
13shall specify a withdrawal amount that is equal to the withdrawal amount in the
14water supply service area plan.
AB75-SSA1,1371,2016
281.346
(4s) (i)
Database. The department shall maintain a database of the
17withdrawal amounts for all withdrawals that are covered under general permits
18issued under this subsection
and s. 281.344 (4s). Until December 8, 2021, the
19department shall include in the database the baselines for all withdrawals that are
20covered under general permits issued under this subsection.
AB75-SSA1,1372,222
281.346
(5) (a)
Requirement. A Beginning on December 8, 2011, a person may
23not make a withdrawal from the Great Lakes basin that equals at least 1,000,000
24gallons per day for any 30 consecutive days unless the withdrawal is covered by an
25individual permit issued under this subsection
or s. 281.344 (5). A person to whom
1the department has issued an individual permit shall comply with the individual
2permit.
AB75-SSA1,1372,64
281.346
(5) (b) 1. A withdrawal amount as determined under par. (d) 3., 3e., or
53m., (g) 3., 3e., or 3m., or (j) 3., 3e., or 3m.,
or sub.
(4e), or s. 281.344 (4e) or (5) (d) 3.,
63e., or 3m. or (e) 3., 3e., or 3m (4g).
AB75-SSA1,1372,228
281.346
(5) (c)
Automatic issuance of individual permits for preexisting
9withdrawals with interim approvals. The department shall automatically issue an
10individual permit to a person who makes a withdrawal from the Great Lakes basin
11that is covered by an interim approval under s. 281.344 (5m)
, if the withdrawal and
12that equals at least 1,000,000 gallons per day for any 30 consecutive days
, or who
13makes a withdrawal that is not covered by an interim approval, that equals at least
141,000,000 gallons per day for any 30 consecutive days, and that before December 8,
152008, averaged 100,000 gallons per day or more in any 30-day period. If necessary,
16the department may request additional information before issuing a permit under
17this paragraph. The department shall issue a permit under this paragraph no later
18than
one year after the compact's effective date
December 8, 2011. In the permit, the
19department shall specify a
withdrawal amount baseline equal to the
withdrawal
20amount baseline determined under sub. (4e) for the withdrawal
and a withdrawal
21amount equal to the withdrawal amount determined under sub. (4g) for the
22withdrawal.
AB75-SSA1,1373,424
281.346
(5) (cm)
Initial individual permit for existing withdrawals not entitled
25to automatic notice of coverage. 1. A person who makes a withdrawal from the Great
1Lakes basin that, before December 8, 2011, equals at least 1,000,000 gallons per day
2for any 30 consecutive days and who is not entitled to automatic issuance of an
3individual permit under par. (c) shall apply to the department for an individual
4permit.
AB75-SSA1,1373,85
2. After receiving an application under subd. 1., the department shall, within
6the time limit established by the department by rule, determine whether to approve
7the application or notify the applicant of any additional information needed to
8determine whether to approve the application.
AB75-SSA1,1373,149
3. Except as provided in subd. 5., if the department approves an application
10under subd. 1. and the department has issued any approvals that are required for
11the withdrawal under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., the
12department shall issue an individual permit. In the permit, the department shall
13specify a withdrawal amount that is, except as provided in subd. 4., equal to the
14smallest of the following amounts:
AB75-SSA1,1373,2015
a. The maximum hydraulic capacity of the most restrictive component of the
16water supply system used for the withdrawal for which the person has approval
17under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., or, if an approval
18under one of those provisions is not required for the most restrictive component of
19the water supply system, the maximum hydraulic capacity of the most restrictive
20component in the water supply system used for the withdrawal.
AB75-SSA1,1373,2221
b. If an approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001
22stats., specifies a maximum amount of water that may be withdrawn, that amount.
AB75-SSA1,1374,223
4. If water is withdrawn through more than one water supply system to serve
24a facility, the department shall determine the smallest amount under subd. 3. a. or
1b. for each of the water supply systems and shall specify a withdrawal amount that
2is equal to the sum of the amounts determined for each of the water supply systems.
AB75-SSA1,1374,73
5. If the department approves an application under subd. 1. for a withdrawal
4for the purpose of providing water to a public water supply system that is covered by
5an approved water supply service area plan under s. 281.348, the department shall
6specify a withdrawal amount that is equal to the withdrawal amount in the water
7supply service area plan.
AB75-SSA1,1374,98
6. If the department disapproves an application under subd. 1., the department
9shall notify the applicant in writing of the reason for the disapproval.
AB75-SSA1, s. 2578qt
10Section 2578qt. 281.346 (5) (d) (title) and 1. of the statutes are amended to
11read:
AB75-SSA1,1374,1712
281.346
(5) (d) (title)
Initial individual permit for withdrawal begun or
13increased after December 7, 2011. 1. A person who proposes to begin a withdrawal
14from the Great Lakes basin
after December 7, 2011, that will equal at least 1,000,000
15gallons per day for any 30 consecutive days or to modify an existing withdrawal so
16that it will equal at least 1,000,000 gallons per day for any 30 consecutive days shall
17apply to the department for an individual permit.
AB75-SSA1, s. 2578qv
18Section 2578qv. 281.346 (5) (e) 1. and 2. of the statutes are amended to read:
AB75-SSA1,1374,2519
281.346
(5) (e) 1. Except as provided in par. (dm), the department may not
20approve an application under par. (d) 1. for a new withdrawal that will equal at least
211,000,000 gallons per day for any 30 consecutive days, or for an existing withdrawal
22that is not covered by a general permit under sub. (4s)
or s. 281.344 (4s) and that is
23proposed to be modified so that it will equal at least 1,000,000 gallons per day for any
2430 consecutive days, but to which subd. 2. does not apply, unless the withdrawal
25meets the state decision-making standard under sub. (5m).
AB75-SSA1,1375,7
12. Except as provided in subd. 3. or par. (dm), the department may not approve
2an application under par. (d) 1. for a new withdrawal that will equal at least
310,000,000 gallons per day for any 30 consecutive days, or for an existing withdrawal
4that is not covered by a general permit under sub. (4s)
or s. 281.344 (4s) and that is
5proposed to be modified so that it will equal at least 10,000,000 gallons per day for
6any 30 consecutive days, unless the withdrawal meets the compact decision-making
7standard under sub. (6).
AB75-SSA1,1375,199
281.346
(5) (f)
Standards for approval of withdrawals covered by general
10permits. 1. Except as provided in par. (dm), the department may not approve an
11application under par. (d) 1. for a withdrawal that is covered under a general permit
12under sub. (4s)
or s. 281.344 (4s) if the applicant proposes to modify the withdrawal
13before December 8, 2021, so that it equals 1,000,000 or more gallons per day for any
1430 consecutive days over the
baseline or if the applicant proposes to modify the
15withdrawal after December 7, 2021, so that it equals 1,000,000 or more gallons per
16day for any 30 consecutive days over the withdrawal amount as of the date that the
17department issued the current notice of coverage under the general permit
or as of
18the compact's effective date, whichever is later and if subd. 2. does not apply, unless
19the withdrawal meets the state decision-making standard under sub. (5m).
AB75-SSA1,1376,420
2. Except as provided in subd. 3. or par. (dm), the department may not approve
21an application under par. (d) 1. for a withdrawal that is covered under a general
22permit under sub. (4s)
or s. 281.344 (4s) if the applicant proposes to modify the
23withdrawal
before December 8, 2021, so that it equals 10,000,000 or more gallons per
24day for any 30 consecutive days over the
baseline or if the applicant proposes to
25modify the withdrawal after December 7, 2021, so that it equals 10,000,000 or more
1gallons per day for any 30 consecutive days over the withdrawal amount as of the
2date that the department issued the current notice of coverage under the general
3permit
or as of the compact's effective date, whichever is later, unless the withdrawal
4meets the compact decision-making standard under sub. (6).
AB75-SSA1,1376,135
3. A person who submits an application under par. (d) 1., to which subd. 2.
6would otherwise apply, may choose to demonstrate, using procedures specified in
7rules promulgated by the department, the water loss that will result from the
8increase in the withdrawal
over the baseline or over the withdrawal amount
as of the
9later of the dates, whichever is applicable under subd. 2. If the person demonstrates
10that the resulting increase in water loss would average less than 5,000,000 gallons
11per day in every 90-day period, the state decision-making standard under sub. (5m),
12rather than the compact decision-making standard under sub. (6), applies to the
13increase in the withdrawal.