NR 860.20 HistoryHistory: CR 10-109: cr. Register September 2011 No. 669, eff. 10-1-11. NR 860.21NR 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 HistoryHistory: CR 10-109: cr. Register September 2011 No. 669, eff. 10-1-11. NR 860.22NR 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 NoteNote: 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.
NR 860.22 NoteNote: The department can not guarantee that automatic notice of coverage will be issued in time to meet the December 8, 2011 deadline for registrations received after November 1, 2011 for preexisting withdrawals that qualify for automatic notice of coverage.
NR 860.22(2)(b)(b) The department may request any missing information required by sub. (3) (a) from persons that qualify for automatic notice of coverage. NR 860.22(2)(d)(d) Persons with a preexisting withdrawal that do not receive automatic notice of coverage on or before December 8, 2011, shall apply for notice of coverage following the process in sub. (3). NR 860.22 NoteNote: Applications and information should be sent to: DNR Water Use Program DG/5, P.O. Box 7921, Madison, WI 53707-7921.
NR 860.22(3)(a)(a) Any person required to obtain notice of coverage under a general water use permit under this subchapter that did not receive automatic notice of coverage under sub. (2) shall submit an application to the department using the method prescribed by the department, and the application shall include all of the following information about the existing or proposed withdrawal: NR 860.22(3)(a)1.1. The name, mailing address, telephone number, and email address of the owner and operator. NR 860.22(3)(a)3.3. The daily withdrawal capacity of the water supply system, the daily withdrawal capacity from each source, identification of the most restrictive component of the water supply system or systems, and an estimate of the maximum hydraulic capacity of the most restrictive component of the water supply system or systems. NR 860.22(3)(a)8.8. A map showing the location of the property or public water supply, sources, and discharges if the applicant is submitting an application using a paper form. NR 860.22 NoteNote: A water conservation plan is required by ch. NR 852 for new and increased withdrawals in the Great Lakes basin and withdrawals statewide that will result in a water loss averaging more than 2,000,000 gallons per day in any 30-day period. NR 860.22(3)(b)(b) If the application does not include all of the information under par. (a), it may be deemed incomplete. Within 30 days of receipt, the department shall notify the applicant in writing that the application is incomplete and shall describe the information that must be submitted in order for the application to be complete. NR 860.22(3)(c)(c) The department may dismiss an application if the information needed to complete the application is not received within 30 days after the department notifies an applicant that its application is incomplete. NR 860.22(3)(d)(d) The department shall determine if the withdrawal qualifies for coverage under a general water use permit and issue notice of coverage or dismiss the application within 45 days of receipt of a complete application. A withdrawal qualifies for coverage under a general water use permit when the requirements of s. NR 860.23 (1) are completed and the withdrawal meets the criteria established in the general permit. NR 860.22(3)(e)(e) If the department determines that an activity does not qualify for coverage under a general permit, the department shall dismiss the application in writing and state the reasons why the project does not qualify for coverage under the general permit. NR 860.22(3)(f)(f) The department may investigate or visit a property and facility to determine whether a withdrawal qualifies for coverage under a general permit. NR 860.22 NoteNote: Applications and information should be sent to: DNR Water Use Program DG/5, P.O. Box 7921, Madison, WI 53707-7921.
NR 860.22 HistoryHistory: CR 10-109: cr. Register September 2011 No. 669, eff. 10-1-11; (title) created in (1) under s. 13.92 (4) (b) 2., Stats., Register September 2011 No. 669. NR 860.23NR 860.23 Notice of Coverage Decisions. NR 860.23(1)(1) The department shall issue notice of coverage only when all of the following have been completed: NR 860.23(1)(c)(c) The applicant receives department approval of a water conservation plan under ch. NR 852, if applicable. NR 860.23(1)(d)(d) The applicant has complied with an approved water supply service area plan under s. 281.348, Stats., if applicable. NR 860.23(2)(2) The department shall specify a withdrawal amount for each notice of coverage. The department shall also specify a baseline for each automatically issued notice of coverage under s. NR 860.22 (2). The withdrawal amount and baseline shall be determined by following the procedures in s. 281.346, Stats. The withdrawal amount for an automatically issued notice of coverage shall not be less than the baseline unless specifically requested by the owner. NR 860.23(3)(3) The department may suspend or revoke coverage under a general permit issued under this subchapter for cause, including obtaining coverage under the permit by misrepresentation or failure to disclose material facts or substantially violating the terms of the permit, after the opportunity for a hearing following the procedures in s. NR 860.42. NR 860.23 NoteNote: An applicant or permit holder may challenge a modification, suspension, or revocation in whole or part of a notice of coverage under a general permit following the requirements under s. 281.93, Stats. NR 860.23 HistoryHistory: CR 10-109: cr. Register September 2011 No. 669, eff. 10-1-11. NR 860.24NR 860.24 Modifications to the Withdrawal Amount — Notice of Coverage. NR 860.24(1)(1) If a permittee proposes to increase the amount of a withdrawal over the established withdrawal amount in the notice of coverage but does not propose to withdraw at least 1,000,000 gallons per day for any 30 consecutive days, the permittee shall apply to the department using the method prescribed by the department for a modification to the withdrawal amount. NR 860.24(3)(3) If the department determines that the application does not qualify for continued coverage under a general permit, the department shall dismiss the request in writing and state the reasons why the requested modification does not qualify for coverage under the general permit. NR 860.24(4)(4) The department shall keep records in a database of all approved modifications to the withdrawal amount. NR 860.24 HistoryHistory: CR 10-109: cr. Register September 2011 No. 669, eff. 10-1-11. NR 860.25NR 860.25 Redetermination of Coverage. NR 860.25(1)(1) Coverage under a general permit ends on the date that the term of the general permit ends. NR 860.25 NoteNote: Under s. 281.346 (4s) (am), Stats., the term of a general permit is 25 years. NR 860.25(2)(2) The department shall send notification to owners at least 365 days prior to the expiration of the general permit that the general permit will expire and that redetermination of coverage is required. The department shall send notification to owners using the most economical communication tool available and the most recent contact information submitted by the owner. NR 860.25 NoteNote: The most economical communication tool used by the department on October 1, 2011 is email.
NR 860.25(3)(3) Owners that have received notice of coverage under a general permit that intend to continue a withdrawal 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, shall apply to the department using the method prescribed by the department for redetermination of coverage under a new general permit at least 180 days before the end of the term of the general permit. The failure of an owner to apply for redetermination at least 180 days prior to the expiration of the general permit shall not result in the loss of an established baseline or specified withdrawal amount. NR 860.25 NoteNote: Applications and information should be sent to: DNR Water Use Program DG/5, P.O. Box 7921, Madison, WI 53707-7921.
NR 860.25(4)(4) If the owner applying for a redetermination is in substantial compliance with the current general permit and qualifies for coverage under a new general permit, the department shall issue notice of coverage under the new general permit. NR 860.25(5)(5) The department shall follow the requirements of s. NR 860.22 (3), when reviewing the request for redetermination of coverage. NR 860.25(6)(6) A redetermination of coverage shall specify a withdrawal amount equal to the withdrawal amount of the previous issuance of coverage unless the owner requests a reduced amount. NR 860.25 NoteNote: For proposed increases to a withdrawal amount, the owner must apply to the department following s. NR 860.24. NR 860.25 HistoryHistory: CR 10-109: cr. Register September 2011 No. 669, eff. 10-1-11. NR 860.30(1)(1) Unless exempted under sub. (3), all of the following persons who withdraw water from the Great Lakes basin shall obtain an individual water use permit: NR 860.30(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 at least 1,000,000 gallons of water per day for any 30 consecutive days. NR 860.30(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 equals at least 1,000,000 gallons per day for any 30 consecutive days. NR 860.30(2)(2) The department may require a person who is making or proposes to make a withdrawal at the general permit level under s. NR 860.20 (1) 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 860.30(3)(3) This subchapter does not apply to withdrawals for any of the following purposes: NR 860.30(3)(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 860.30(3)(b)(b) To use in a noncommercial project that lasts no more than 3 months for fire fighting, humanitarian, or emergency response purposes. NR 860.30(4)(4) A separate individual water use permit is required for each property and each public water supply. NR 860.30 HistoryHistory: CR 10-109: cr. Register September 2011 No. 669, eff. 10-1-11; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register February 2017 No. 734. NR 860.31NR 860.31 Application and Review Process for Individual Water Use Permits. NR 860.31(1)(1) Applicable process. A person required to have an individual water use permit under this subchapter shall obtain a permit decision following the applicable process under sub. (2) or (3). NR 860.31(2)(2) Automatic issuance of an individual water use permit for pre-existing withdrawals. NR 860.31(2)(a)(a) The department shall issue an automatic individual water use permit no later than December 8, 2011, to persons with a preexisting withdrawal that qualify for automatic issuance of an individual water use permit as set forth in s. 281.346 (5) (c), Stats., and that have one of the following: NR 860.31 NoteNote: Persons with a preexisting withdrawal that are required to obtain an individual permit and that made a withdrawal that averaged 100,000 gallons per day or more in any 30-day period before December 8, 2008 qualify for automatic issuance of an individual permit.
NR 860.31 NoteNote: The department can not guarantee that automatic issuance of an individual permit will be issued in time to meet the December 8, 2011 deadline for registrations received after November 1, 2011 for preexisting withdrawals that qualify for issuance of an individual permit.
NR 860.31(2)(b)(b) The department may request any missing information required by sub. (3) (a) from persons that qualify for automatic issuance of an individual permit. NR 860.31(2)(d)(d) Persons with a preexisting withdrawal that do not receive automatic issuance of an individual water use permit on or before December 8, 2011, shall apply for an individual permit under sub. (3). NR 860.31(3)(a)(a) Any person required to obtain an individual permit under this subchapter that did not receive automatic issuance of an individual water use permit under sub. (2) shall submit an application to the department using the method prescribed by the department, and the application shall include all of the following information about the existing or proposed withdrawal:
