Chapter NR 854

NR 854.07(3) (3) If a plan includes a new or increased withdrawal from the Great Lakes basin, the department shall specify a withdrawal amount for the public water supply system that is equal to the greatest of the following:

NR 854.07(3)(a) (a) The amount needed for the public water supply system to provide a public water supply in the water supply service area in the plan during the period covered by the plan, as determined using the population and related service projections in the plan.

NR 854.07(3)(b) (b) If the withdrawal is covered by an individual permit issued under s. 281.344 (5) or 281.346 (5), Stats., when the department approves the plan, the withdrawal amount in that permit when the department approves the plan or, if the withdrawal is covered by a general permit issued under s. 281.344 (4s) or 281.346 (4s), Stats., when the department approves the plan, the withdrawal amount for the public water supply system in the database under s. 281.346 (4s) (i), Stats., when the department approves the plan.

NR 854.07(4) (4) If the department determines that a plan does not contain the information specified under ss. NR 854.05 and 854.06 or additional information is necessary for review or approval, the department shall provide the person submitting the plan with written notification of the additional information necessary and allow the applicant to submit additional information or revisions to the plan.

NR 854.07(5) (5) The department shall specify a water supply service area in its approval of a plan. The department may not limit water supply service areas based on jurisdictional boundaries, except as necessary to prevent waters of the Great Lakes basin from being transferred from a county that lies completely or partly within the Great Lakes basin into a county that lies entirely outside the Great Lakes basin, or except where the water supply service area is delineated by a diversion area approved by the Great Lakes council under s. 281.348 (3) (cr), Stats.

NR 854.07(6) (6) The department’s approval of a water supply service area plan shall not constitute department approval of the final design of new or enlarged water withdrawal facilities, water supply treatment facilities, or water transmission facilities, including any water pressure booster stations, water pressure reducing stations, or storage reservoirs identified or discussed in the plan. Department approval of new or enlarged facilities shall be obtained in accordance with other applicable statutes and rules.

NR 854.07 History History: CR 23-049: cr. Register June 2024 No. 822, eff. 7-1-24; correction in (3) (b), (5) made under s. 35.17, Stats., Register June 2024.

NR 854.08 NR 854.08 Public participation process for persons developing a water supply service area plan.

NR 854.08(1) (1) A person developing a plan, including a plan requiring department approval, shall undertake a public participation process including public notice of the proposed plan, a minimum of one public hearing on the proposed plan, and an opportunity to provide written comment on the proposed plan.

NR 854.08(2) (2) A person who owns or operates the public water supply system shall make the water supply service area plan, any public comments received on the plan, and any approval of the plan available for public inspection.

NR 854.08 History History: CR 23-049: cr. Register June 2024 No. 822, eff. 7-1-24.

NR 854.09 NR 854.09 Public notice and comment for plans submitted to the department for approval.

NR 854.09(1) (1) The department shall satisfy public notice and comment requirements under s. NR 851.72 in its review of a water supply service area plan submitted to the department for approval under s. NR 854.04 (3).

NR 854.09(2) (2) The department shall satisfy public notice and comment requirements under subch. IV of ch. NR 860 in its review of a water supply service area plan submitted to the department for approval under s. NR 854.04 (2).

NR 854.09 History History: CR 23-049: cr. Register June 2024 No. 822, eff. 7-1-24.

NR 854.10 NR 854.10 Revisions and department reconsideration of an approved water supply service area plan.

NR 854.10(1) (1) A person who owns or operates a public water supply system with an approved plan shall submit revisions of the plan to the department for review and approval. The department shall review the revised water supply service area plan and issue a decision on the plan using the process under s. NR 854.07. Proposed plan revisions are subject to the public participation process under ss. NR 854.08 and 854.09. Revisions that require department approval include any of the following:

NR 854.10(1)(a) (a) Expansion of an approved water supply service area.

NR 854.10(1)(b) (b) Changes to source.

NR 854.10(1)(c) (c) Increased projected demand for the water supply area.

NR 854.10(2) (2) A person seeking to revise an approved water supply service area plan that includes a diversion that was approved by the Great Lakes council shall contact the department to discuss the scope of the revision. The person seeking a revision to the plan shall submit to the department the proposed revision. The department shall work with the applicant to follow regional body and Great Lake council procedures where necessary for review and approval of the revised water supply service area plan.

NR 854.10(3) (3) The department may reconsider an approval of a water supply service area plan or a portion of a water supply service area plan in any of the following situations:

NR 854.10(3)(a) (a) When necessary to reflect state law or administrative rules or changes to state law or administrative rules.

NR 854.10(3)(b) (b) When the department finds the plan or portion of the plan conflicts with the department’s responsibility to protect, maintain, and improve the quality and management of the waters of the state, ground or surface, public and private.

NR 854.10(3)(c) (c) When the plan or a portion of the plan is not in the public interest.

NR 854.10 History History: CR 23-049: cr. Register June 2024 No. 822, eff. 7-1-24.

NR 854.11 NR 854.11 Open records requests. The department may consider domestic security concerns when determining whether public records provided to or obtained by the department under this chapter warrant confidential treatment, as allowed under s. 281.346 (3) (cm) and (9) (e), Stats.

NR 854.11 History History: CR 23-049: cr. Register June 2024 No. 822, eff. 7-1-24; correction made under s. 35.17, Stats., Register June 2024 No. 822.

NR 854.12 NR 854.12 Enforcement.

NR 854.12(1) (1) Violations of this chapter are enforceable under ch. 281, Stats., and may result in penalties, forfeitures, costs of investigation and prosecution, or orders to abate any nuisance, restore a natural resource, or take or refrain from taking any other action necessary to eliminate or minimize any environmental damage.

NR 854.12(2) (2) The department may withdraw its approval of a plan based on substantial noncompliance with the plan or the requirements under this chapter.

NR 854.12 History History: CR 23-049: cr. Register June 2024 No. 822, eff. 7-1-24.