NR 860.16(3) (3) An owner is not required to amend a permit when replacing equipment with equipment of the same capacity and operating parameters.

NR 860.16(4) (4) Department approval is required for the transfer of an individual permit to a new property owner or public water supply owner. A person who proposes to assume responsibility for an individual permit for a permitted withdrawal, shall submit an application meeting the requirements of s. NR 860.31 (3) (a) and a statement acknowledging acceptance of the terms of the current permit. The department shall review the request for a transfer and make a decision to either approve the transfer or require a new permit, following the requirements of s. NR 860.31 (3).

NR 860.16 History History: CR 10-109: cr. Register September 2011 No. 669, eff. 10-1-11.

NR 860.17 NR 860.17 Terminations.

NR 860.17(1) (1) A permittee may request termination of an individual permit or coverage under a general permit if the withdrawal amount decreases below the thresholds requiring a permit or notice of coverage under this chapter.

NR 860.17(2) (2) Terminating a water use registration under ch. NR 856 constitutes a termination of an individual permit or coverage under a general permit.

NR 860.17(3) (3) Terminating an individual permit or coverage under a general permit terminates the baseline established under s. 281.346 (2) (e), Stats., for persons with preexisting withdrawals.

NR 860.17 History History: CR 10-109: cr. Register September 2011 No. 669, eff. 10-1-11.

NR 860.18 NR 860.18 Enforcement.

NR 860.18(1) (1) Violations of this chapter may be prosecuted by the department under s. 281.346 (14), Stats.

NR 860.18(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 860.18(3) (3) Persons violating this chapter are subject to penalties as specified in s. 281.346 (14), Stats.

NR 860.18 History History: CR 10-109: cr. Register September 2011 No. 669, eff. 10-1-11.

subch. II of ch. NR 860 Subchapter II — General Water Use Permits

NR 860.20 NR 860.20 Applicability.

NR 860.20(1) (1) Unless authorized by an individual permit or unless exempted under sub. (2), all of the following persons who withdraw water from the Great Lakes basin shall obtain coverage under a general water use permit:

NR 860.20(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 an amount averaging 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.

NR 860.20(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 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.

NR 860.20 Note Note: Pursuant to s. 281.346 (4s) (dm), Stats., the department may require a person who is making or proposes to make a withdrawal at the general permit level listed in sub.(1) (a) or (b) 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 860.20 Note Note: Persons with a permit under s. 30.18, Stats., must also obtain a water use permit, if applicable.

NR 860.20(2) (2) This chapter does not apply to withdrawals for any of the following purposes:

NR 860.20(2)(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 860.20(2)(b) (b) To use in a noncommercial project that lasts no more than 3 months for fire fighting, humanitarian, or emergency response purposes.

NR 860.20(3) (3) Separate coverage under a general water use permit is required for each property and each public water supply.

NR 860.20 History History: CR 10-109: cr. Register September 2011 No. 669, eff. 10-1-11.

NR 860.21 NR 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.