Chapter NR 852

NR 852.04(2) (2) Written documentation showing that the person has implemented or completed the CEMs in Table 1 that do not require retrofitting, as applicable for each water use sector.

Table 1

Mandatory Conservation and Efficiency Measures

NR 852.04 History History: CR 10-060: cr. Register December 2010 No. 660, eff. 1-1-11.

NR 852.05 NR 852.05 Required elements — Tier 2 and Tier 3.

NR 852.05(1) (1) Persons identified in Tier 2 and Tier 3 shall complete the elements specified in s. NR 852.04 and the elements specified under either sub. (2) or (3).

NR 852.05(2) (2) A person identified in Tier 2 or Tier 3 shall implement all CEMs identified in Table 2 for the applicable water use sector that do not require retrofitting, except those CEMs that are not cost-effective or environmentally sound and economically feasible, as determined by an analysis conducted by the applicant pursuant to s. NR 852.09 or 852.10, and approved by the department.

NR 852.05(3) (3) A person identified in Tier 2 or Tier 3 shall implement CEMs selected from Table 2, the Optional CEM list in s. NR 852.08 (2), or other CEMs as proposed by the applicant and approved by the department, which can be shown to reduce water use or increase water reuse or efficiency by 10 percent, in accordance with all of the following:

NR 852.05(3)(a) (a) The percent reduction in water use or increase in water reuse or efficiency in this subsection shall be based upon a comparison of the water use or water use intensity from the most recent complete year. Water use and water use intensity shall be adjusted to account for unique facility, economic, or weather variability.

NR 852.05(3)(b) (b) The calculation of the 10 percent reduction in water use or increase in water reuse or efficiency shall be in addition to any reduction in water use or increase in water reuse or efficiency achieved through implementation of the CEMs set forth in s. NR 852.04 (2) and shall not be included in the calculated percent reduction.

NR 852.05(4) (4) For persons other than persons applying for a new or increased diversion, the person shall implement the CEMs identified under sub. (1) within 2 years of the date of the department approval under s. NR 852.11.

NR 852.05(5) (5) For persons applying for a new or increased diversion, the person shall implement the CEMs identified under sub. (1) prior to submitting an application.

Table 2

Required Conservation and Efficiency Measures

NR 852.05 History History: CR 10-060: cr. Register December 2010 No. 660, eff. 1-1-11; correction in (3) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660.

NR 852.06 NR 852.06 Required elements — Tier 3 only.

NR 852.06(1) (1) In addition to the required elements specified in ss. NR 852.04 and 852.05, persons identified in Tier 3 shall conduct the appropriate analysis pursuant to s. NR 852.09 or 852.10 to identify additional CEMs that are cost-effective or environmentally sound and economically feasible and implement the identified CEMs following the applicable timeframes under s. NR 852.05 (2) and (3).

NR 852.06(2) (2) Persons applying for a new or increased diversion shall also document the efficient use and conservation of existing water supplies by providing an analysis of community water use over the past 5 years, at a minimum. The analysis shall quantitatively describe water use through time and how it has changed with the implementation of CEMs. The analysis shall include quantitative calculations of water use including but not limited to, the ratio of peak daily demand to average daily demand and per capita residential water use.

NR 852.06 History History: CR 10-060: cr. Register December 2010 No. 660, eff. 1-1-11.

NR 852.07 NR 852.07 Water conservation plans.

NR 852.07(1) (1) A person who is required to submit a water conservation plan under s. NR 852.04 (1) shall submit a plan in a form provided by the department and shall provide all of the information requested on the form and accompanying instructions.

NR 852.07(2) (2) A water conservation plan required by this chapter shall, at a minimum, contain all of the following:

NR 852.07(2)(a) (a) A description and quantification of current water use and reuse as identified by a water use audit, including a calculation of water use intensity appropriate to the water use sector. Those public water systems regulated by the public service commission shall follow applicable procedures to account for water use as provided in ch. PSC 185 and the calculations shall be included in the water use audit.

NR 852.07(2)(b) (b) A description of the water conservation and water use efficiency goals, including quantifiable goals.

NR 852.07(2)(c) (c) Documentation of the implementation of the CEMs set forth in s. NR 852.04 (2) and a description of any other existing conservation, efficiency, and reuse measures, including when they were implemented.

NR 852.07(2)(d) (d) A monitoring plan to assess the impact of the implemented CEMs.

NR 852.07(3) (3) Persons identified in Tier 2 shall submit all of the following information in the water conservation plan, in addition to the information required under sub. (2):

NR 852.07(3)(a) (a) An implementation timeline for implementing the CEMs or documentation of the implementation of the CEMs in s. NR 852.05, as appropriate.

NR 852.07(3)(b) (b) If applicable, the results of an analysis conducted under s. NR 852.09 to determine if a CEM required in Table 2 is cost-effective.

NR 852.07(3)(c) (c) If applicable, the results of an analysis conducted under s. NR 852.10 to determine if a CEM required in Table 2 is environmentally sound and economically feasible.

NR 852.07(4) (4) Persons identified in Tier 3 shall submit all of the following information in the water conservation plan, in addition to the information required under sub. (2):

NR 852.07(4)(a) (a) An implementation timeline for implementing the CEMs or documentation of the implementation of the CEMs in s. NR 852.05, as appropriate.

NR 852.07(4)(b) (b) If applicable, the results of an analysis conducted under s. NR 852.09 to determine if a CEM required in Table 2 is cost-effective.

NR 852.07(4)(c) (c) If applicable, the results of an analysis conducted under s. NR 852.10 to determine if a CEM required in Table 2 is environmentally sound and economically feasible.

NR 852.07(4)(d) (d) The results of the analysis to identify additional CEMs as required by s. NR 852.06 (1).

NR 852.07(4)(e) (e) An implementation timeline for implementing the CEMs or documentation of the implementation of the CEMs identified in s. NR 852.06 (1), as appropriate.

NR 852.07(4)(f) (f) If applicable, the analysis in s. NR 852.06 (2).

NR 852.07 History History: CR 10-060: cr. Register December 2010 No. 660, eff. 1-1-11.

NR 852.08 NR 852.08 Water conservation and efficiency measures.

NR 852.08(1) (1) Persons subject to this chapter shall implement CEMs in compliance with the CEM required elements in Table 1, Table 2, the optional list in sub. (2), or additional CEM required elements as identified by the department.

NR 852.08(2) (2) The department shall maintain a list of optional CEMs by water use sector that have been determined to be adequate and effective to reduce water use or increase water reuse or efficiency. The optional list may be used to meet the requirements in ss. NR 852.05 (3) and 852.06 (1) and the optional list may include retrofitting options.

NR 852.08 History History: CR 10-060: cr. Register December 2010 No. 660, eff. 1-1-11; corrections made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660.

NR 852.09 NR 852.09 Cost-effectiveness analysis.

NR 852.09(1) (1) Persons identified in Tier 2 or Tier 3 applying for a new or increased withdrawal not subject to the Compact decision-making standard under s. 281.346 (6), Stats., and persons applying for a water loss approval under s. 281.35, Stats., may conduct a cost-effectiveness analysis to determine if a CEM in s. NR 852.05 or 852.06 is cost-effective, considering direct and avoided economic and environmental costs over a 5-year planning period. The cost effectiveness analysis shall at a minimum include all of the following and be reflective of the costs to the withdrawer:

NR 852.09(1)(a) (a) Actual energy and operational costs to pump, treat, transmit water, and treat and dispose of wastewater.

NR 852.09(1)(b) (b) Estimated avoided economic and environmental costs resulting from pumping less water and using less energy.

NR 852.09(1)(c) (c) Estimated capital and operating costs associated with developing new sources of water for this specific new or increased withdrawal.

NR 852.09(1)(d) (d) Estimated capital and operating costs associated with implementing required CEMs.

NR 852.09(1)(e) (e) All other estimated costs or fees associated with obtaining or disposing of the water.

NR 852.09(2) (2) The department may require an independent review of the analysis submitted under sub. (1).

NR 852.09 Note Note: The Compact decision-making standard under s. 281.346 (6), Stats., applies to new or increased withdrawals that will equal at least 10,000,000 gallons per day for any 30 consecutive days, unless the water loss associated with the new or increased withdrawal will average less than 5,000,000 gallons per day in every 90-day period.

NR 852.09 History History: CR 10-060: cr. Register December 2010 No. 660, eff. 1-1-11.

NR 852.10 NR 852.10 Environmental soundness and economic feasibility analysis. Persons identified in Tier 2 or Tier 3 applying for a new or increased withdrawal subject to the Compact decision-making standard under s. 281.346 (6), Stats., or a diversion, may conduct an analysis to determine if a CEM in s. NR 852.05 or 852.06 is environmentally sound and economically feasible. The analysis shall make a determination as to whether the CEM is all of the following:

NR 852.10(1) (1) Environmentally sound.

NR 852.10(2) (2) Reflective of best practices applicable to the water use sector.

NR 852.10(3) (3) Technically feasible and available.

NR 852.10(4) (4) Economically feasible.

NR 852.10(5) (5) Cost-effective, based on an analysis under s. NR 852.09.

NR 852.10 History History: CR 10-060: cr. Register December 2010 No. 660, eff. 1-1-11.

NR 852.11 NR 852.11 Approval and reporting process.

NR 852.11(1) (1) The department’s review of an application for a new or increased withdrawal, diversion, or water loss approval shall include a review of the water conservation plan required under s. NR 852.04 (1).

NR 852.11(2) (2) The department may not issue an approval for an application for a new or increased withdrawal, diversion, or water loss approval unless the water conservation plan meets the applicable requirements under this chapter.

NR 852.11(3) (3) A water use permit, diversion approval, or water loss approval may include conditions or requirements to ensure the implementation of the water conservation plan. The water conservation plan approval will be in the form of a finding of fact in a permit, or a statement in an approval.

NR 852.11(4) (4) The department shall follow the review timelines set forth in the associated department permit or approval process applicable to an activity that requires compliance with this chapter.

NR 852.11(5) (5) An application for new or increased withdrawal, diversion, or water loss approval shall not be considered complete until information required by this chapter has been submitted and all applicable requirements of the Wisconsin environmental policy act, s. 1.11, Stats., have been met.

NR 852.11(6) (6) Persons with an approved water conservation plan shall report all of the following annually in the manner prescribed by the department:

NR 852.11(6)(a) (a) A summary of the impact of the implemented CEMs, including quantifiable impacts to water use intensity.

NR 852.11(6)(b) (b) A description of any additional CEMs implemented.

NR 852.11(6)(c) (c) For Tier 2, in addition to the information required under pars. (a) and (b), documentation of the implementation of CEMs required under s. NR 852.05, if applicable.

NR 852.11(6)(d) (d) For Tier 3, in addition to the information required under pars. (a) and (b), documentation of the implementation of CEMs required under ss. NR 852.05 and 852.06, if applicable.

NR 852.11 History History: CR 10-060: cr. Register December 2010 No. 660, eff. 1-1-11.

NR 852.12 NR 852.12 Enforcement.

NR 852.12(1) (1) Violations of this chapter may be prosecuted by the department under ch. 281, Stats., and other applicable department authorities.

NR 852.12(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 852.12(3) (3) Violations may result in forfeitures, abatement of nuisance, and restoration.

NR 852.12 History History: CR 10-060: cr. Register December 2010 No. 660, eff. 1-1-11.