281.344(8)(b)1.1. Promotion of environmentally sound and economically feasible water conservation measures through a voluntary statewide program.
281.344(8)(b)1m.1m. Mandatory and voluntary conservation and efficiency measures for the waters of the Great Lakes basin that are necessary to implement subs. (4), (4s), and (5) and s. 281.348.
281.344(8)(b)2.2. Water conservation and efficiency measures that the public service commission requires or authorizes a water utility to implement under ch. 196.
281.344(8)(b)3.3. Water conservation and efficiency measures that the department of safety and professional services requires or authorizes to be implemented under chs. 101 and 145.
281.344(8)(d)(d) Water conservation and efficiency measures. The department shall promulgate rules specifying water conservation and efficiency measures for the purposes of implementing par. (b). In the rules, the department may not require retrofitting of existing fixtures, appliances, or equipment. In specifying the measures, the department shall consider the results of any pilot water conservation program conducted by the department in cooperation with the regional body.
281.344(9)(9)Public participation.
281.344(9)(b)(b) Public notice.
281.344(9)(b)1.1. The department shall, by rule, create procedures for circulating to interested and potentially interested members of the public notices of each complete application that the department receives under sub. (4). The department shall include, in the rule, at least the following procedures:
281.344(9)(b)1.a.a. Publication of the notice as a class 1 notice under ch. 985.
281.344(9)(b)1.b.b. Mailing of the notice to any person, group, local governmental unit, or state agency upon request.
281.344(9)(b)2.2. The department shall establish the form and content of a public notice by rule. The department shall include in every public notice concerning an application under sub. (4) at least the following information:
281.344(9)(b)2.a.a. The name and address of each applicant.
281.344(9)(b)2.b.b. A brief description of the proposal for which the application is made under sub. (4), including the amount of the proposed interbasin transfer.
281.344(9)(b)2.c.c. A brief description of the procedures for the formulation of final determinations on applications, including the 30-day comment period required under par. (c).
281.344(9)(c)(c) Public comment. The department shall receive public comments on a proposal for which it receives an application under sub. (4) for a 30-day period beginning when the department gives notice under par. (b) 1. The department shall retain all written comments submitted during the comment period and shall consider the comments in making its decisions on the application.
281.344(9)(d)(d) Public hearing.
281.344(9)(d)1.1. The department shall provide an opportunity for any interested person or group of persons, any affected local governmental unit, or any state agency to request a public hearing with respect to a proposal for which the department receives an application under sub. (4). A request for a public hearing shall be filed with the department within 30 days after the department gives notice under par. (b). The party filing a request for a public hearing shall indicate the interest of the party and the reasons why a hearing is warranted. The department shall hold a public hearing on a proposal for which the department receives an application under sub. (4) if the department determines that there is a significant public interest in holding a hearing.
281.344(9)(d)2.2. The department shall promulgate, by rule, procedures for the conduct of public hearings held under this paragraph. A hearing held under this paragraph is not a contested case hearing under ch. 227.
281.344(9)(d)3.3. The department shall circulate public notice of any hearing held under this paragraph in the manner provided under par. (b) 1.
281.344(9)(e)(e) Public access to information. Any record or other information provided to or obtained by the department regarding a proposal for which an application under sub. (4) is received is a public record as provided in subch. II of ch. 19. The department shall make available to and provide facilities for the public to inspect and copy any records or other information provided to or obtained by the department regarding a proposal for which an application for a new or increased interbasin transfer under sub. (4) is received, except that any record or other information provided to the department may be treated as confidential upon a showing to the secretary that the record or information is entitled to protection as a trade secret, as defined in s. 134.90 (1) (c), or upon a determination by the department that domestic security concerns warrant confidential treatment. Nothing in this subsection prevents the use of any confidential records or information obtained by the department in the administration of this section in compiling or publishing general analyses or summaries, if the analyses or summaries do not identify a specific owner or operator.
281.344(11)(11)Water use report. Beginning no later than 8 years after June 11, 2008, and every 5 years thereafter, the department, using water use data reported under this section, shall publish a water use report to summarize water usage, identify related trends, identify areas of future water usage concerns, and recommend future actions to promote sustainable water use. The department shall also include in the report water resource information derived from reporting and data accumulation requirements under other water regulatory laws.
281.344(13m)(13m)Exceedances. It is not a violation of this section to withdraw an amount of water that exceeds the withdrawal amount specified in a permit issued under sub. (5) or in the database under sub. (4s) (i).
281.344(14)(14)Penalties.
281.344(14)(a)(a) Any person who violates this section or any rule promulgated or approval issued under this section shall forfeit not less than $10 nor more than $10,000 for each violation. Each day of continued violation is a separate offense.
281.344(14)(c)(c) In addition to the penalties under par. (a), the court may order the defendant to abate any nuisance, restore a natural resource, or take, or refrain from taking, any other action as necessary to eliminate or minimize any environmental damage caused by the violation.
281.344(15)(15)Sunset. This section does not apply after the compact’s effective date.
281.344 HistoryHistory: 2007 a. 227; 2009 a. 180; 2011 a. 32; 2015 a. 177.
281.346281.346Water conservation, reporting, and supply regulation; after the compact takes effect.
281.346(1)(1)Definitions. In this section: