NR 860.11 Note
Note: Section
281.346 (1) (y), Stats., defines “withdraw" to mean “to take water from surface water or groundwater."
NR 860.11 Note
Note: Section
281.346 (1) (z), Stats., defines “withdrawal" to mean “the taking of water from surface water or groundwater, including the taking of surface water or groundwater for the purpose of bottling the water."
NR 860.11(21)
(21) “Withdrawal amount" means the permitted amount of a withdrawal in a notice of coverage under a general permit or an individual permit as specified by the department under s.
281.346 (4g),
(4s), or
(5), Stats. The withdrawal amount for an automatically issued notice of coverage under a general permit or an individual permit shall not be less than the baseline unless specifically requested by the owner.
NR 860.11 Note
Note: Section
281.34 (1) (h), Stats., defines “well" to mean “any drillhole or other excavation or opening deeper than it is wide that extends more than 10 feet below the ground surface and is constructed for the purpose of obtaining groundwater."
NR 860.11 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11.
NR 860.12
NR 860.12
Responsible Parties and Eligible Permittees. NR 860.12(1)(1) The owner is the person responsible for obtaining, modifying, terminating, and complying with notice of coverage under a general permit or with an individual permit.
NR 860.12(2)
(2) The department shall issue notice of coverage under a general permit or issue an individual permit only to the responsible party under
sub. (1).
NR 860.12 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11.
NR 860.13
NR 860.13
Interim Approvals. All interim approvals issued under s.
281.344 (5m), Stats., expire on December 8, 2011. Any person regulated under this chapter shall obtain notice of coverage under a general permit or an individual permit no later than December 7, 2011.
NR 860.13 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11.
NR 860.14(1)
(1) The locations of withdrawals are sensitive information that may impact domestic security.
NR 860.14(2)
(2) Open records requests received by the department under ss.
19.21 to
19.39, Stats., that request information on the locations of withdrawals may be subject to greater scrutiny by the department because of domestic security concerns, as allowed under s.
281.346 (3) (cm) and
(9) (e), Stats. The department may request all of the following with respect to open records requests seeking information on the locations of withdrawals, in order to address domestic security concerns:
NR 860.14(2)(b)
(b) The name, mailing address, telephone number, and email address of the requester and the company or organization that the requester represents.
NR 860.14(2)(d)
(d) The reason the information is requested and how it will be used.
NR 860.14(3)
(3) In considering the public's interest in domestic security when reviewing requests submitted under
sub. (2), the department may place conditions on the use of the information, or may provide the requested information in a different format, when necessary to protect the public's interest in domestic security.
NR 860.14 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11.
NR 860.15
NR 860.15
Required Permit Conditions. All general and individual water use permits issued by the department shall at a minimum contain all of the following conditions:
NR 860.15(1)
(1) The permittee shall comply with all conditions of the permit. Permit noncompliance is a violation of the permit and may be grounds for enforcement action, permit suspension or revocation, or denial of a redetermination or reissuance. If a permittee violates any terms of the permit, the permittee is subject to the penalties established in
ch. 281, Stats.
NR 860.15(2)
(2) The permit does not convey any property or water rights of any sort, or any exclusive privilege. The permit does not authorize any injury or damage to private property or any invasion of personal rights, or any infringement of federal, state, or local laws, rules, or regulations.
NR 860.15(3)
(3) The permittee shall allow an authorized representative of the department, upon presentation of credentials, to do all of the following:
NR 860.15(3)(a)
(a) Enter, upon reasonable notice, the owner's premises where a regulated withdrawal is located or conducted, or where records are required under the conditions of the permit.
NR 860.15(3)(b)
(b) Have access to and copy, at reasonable times, any records that are required under the conditions of the permit.
NR 860.15(3)(c)
(c) Inspect at reasonable times any facilities, equipment, including monitoring and control equipment, practices or operations regulated or required under the permit.
NR 860.15(4)
(4) The permittee shall measure and record the amounts of withdrawal and annually report to the department following the requirements in
ss. NR 856.30 and
856.31. Annual reporting is required each calendar year for all permittees.
NR 860.15(5)
(5) An individual permit is not transferable without prior approval from the department.
NR 860.15(6)
(6) The permittee shall by March 1 notify the department of changes made in the previous calendar year to the information submitted in the application that require amendment following the requirements in
s. NR 860.16.
NR 860.15(7)
(7) A modification to the permit or notice of coverage is required to increase the established withdrawal amount set forth in the permit or notice of coverage.
NR 860.15(8)
(8) The permittee shall implement the applicable water conservation and water use efficiency requirements of an approved water conservation plan under
ch. NR 852.
NR 860.15(9)
(9) If a water supply service area plan is required by s.
281.346 or
281.348, Stats., the withdrawal shall be consistent with the approved water supply service area plan.
NR 860.15 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11.
NR 860.16
NR 860.16
Amendments and Transfers. NR 860.16(1)
(1) A permit amendment is required when changes or modifications are made to any of the following:
NR 860.16(1)(b)
(b) Property ownership or public water supply ownership of withdrawals covered by a general permit.
NR 860.16 Note
Note: Changes in property ownership or public water supply ownership for withdrawals authorized by an individual permit require an approved transfer meeting the requirements of sub. (4).
NR 860.16(1)(c)
(c) The name, mailing address, telephone number, and email address of the owner and operator, if applicable.
NR 860.16(1)(e)
(e) The daily withdrawal capacity of the water supply system or individual source or sources.
NR 860.16(2)
(2) The owner shall amend the permit using the method prescribed by the department by March 1 of the year following the change or modification.
NR 860.16 Note
Note: Permit amendments may be completed as part of the annual reporting process.
NR 860.16(3)
(3) An owner is not required to amend a permit when replacing equipment with equipment of the same capacity and operating parameters.
NR 860.16(4)
(4) Department approval is required for the transfer of an individual permit to a new property owner or public water supply owner. A person who proposes to assume responsibility for an individual permit for a permitted withdrawal, shall submit an application meeting the requirements of
s. NR 860.31 (3) (a) and a statement acknowledging acceptance of the terms of the current permit. The department shall review the request for a transfer and make a decision to either approve the transfer or require a new permit, following the requirements of
s. NR 860.31 (3).
NR 860.16 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11.
NR 860.17(1)(1) A permittee may request termination of an individual permit or coverage under a general permit if the withdrawal amount decreases below the thresholds requiring a permit or notice of coverage under this chapter.
NR 860.17(2)
(2) Terminating a water use registration under
ch. NR 856 constitutes a termination of an individual permit or coverage under a general permit.
NR 860.17(3)
(3) Terminating an individual permit or coverage under a general permit terminates the baseline established under s.
281.346 (2) (e), Stats., for persons with preexisting withdrawals.
NR 860.17 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11.
NR 860.18(2)
(2) Any violation of this chapter shall be treated as a violation of the statutes they interpret or under which they are promulgated.
NR 860.18 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11.
NR 860.20(1)(1) Unless authorized by an individual permit or unless exempted under
sub. (2), all of the following persons who withdraw water from the Great Lakes basin shall obtain coverage under a general water use permit:
NR 860.20(1)(a)
(a) Any person who on December 8, 2011, has a water supply system or systems on one property or a public water supply that withdraws an amount averaging 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.
NR 860.20(1)(b)
(b) Any person who after December 7, 2011, proposes a withdrawal with a water supply system or systems on one property or a public water supply 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.
NR 860.20 Note
Note: Pursuant to s.
281.346 (4s) (dm), Stats., the department may require a person who is making or proposes to make a withdrawal at the general permit level listed in sub.(1) (a) or (b) to obtain an individual permit if the withdrawal is located in a groundwater protection area, as defined in s.
281.34 (1) (am), Stats., or a groundwater management area designated under s.
281.34 (9), Stats.
NR 860.20 Note
Note: Persons with a permit under s.
30.18, Stats., must also obtain a water use permit, if applicable.
NR 860.20(2)
(2) This chapter does not apply to withdrawals for any of the following purposes:
NR 860.20(2)(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.
NR 860.20(2)(b)
(b) To use in a noncommercial project that lasts no more than 3 months for fire fighting, humanitarian, or emergency response purposes.
NR 860.20(3)
(3) Separate coverage under a general water use permit is required for each property and each public water supply.
NR 860.20 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11.
NR 860.21
NR 860.21
General Water Use Permits. NR 860.21(1)
(1) The department may issue a general water use permit that applies only to certain categories or groups of water withdrawals, or only to withdrawals located in a designated area of the Great Lakes basin, or both.
NR 860.21(2)
(2) For purposes of this section, a category or group of withdrawals may be defined by amount of withdrawal, water use sector, type of withdrawal or water use, geographic or watershed area, or other attribute that the department determines is appropriate for defining a category of coverage. There shall be a reasonable commonality among members of a category or group that is related to water withdrawal or use.
NR 860.21(3)
(3) The department shall solicit public comment following the public participation procedures in subch.
IV prior to issuing a general water use permit.
NR 860.21(4)
(4) All general water use permits shall identify the criteria that must be met in order to qualify for coverage under the general permit. The criteria shall be limited to the requirements and authority provided under s.
281.346 (4s), Stats.
NR 860.21(5)
(5) All general water use permits shall contain the permit conditions in
s. NR 860.15 and any additional conditions necessary to meet the requirements of
ch. 281, Stats.
NR 860.21 History
History: CR 10-109: cr.
Register September 2011 No. 669, eff. 10-1-11.
NR 860.22
NR 860.22
Application and Review Process for Notice of Coverage. NR 860.22(1)
(1)
Applicable process. A person required to have coverage under a general water use permit under this subchapter shall obtain a notice of coverage decision following the applicable process under
sub. (2) or
(3).
NR 860.22(2)
(2) Automatic notice of coverage for preexisting withdrawals. NR 860.22(2)(a)(a) The department shall issue automatic notice of coverage no later than December 8, 2011, to persons with a preexisting withdrawal that qualify for automatic notice of coverage as set forth in s.
281.346 (4s) (c), Stats., and that have one of the following:
NR 860.22 Note
Note: Persons with a preexisting withdrawal that made a withdrawal that averaged 100,000 gallons per day or more in any 30-day period but did not equal 1,000,000 gallons per day for any 30 consecutive days before December 8, 2008 qualify for automatic notice of coverage under a general permit.
