Chapter NR 852

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.