NR 111.03(31)(31) “Natural thermal stratification” means the naturally occurring division of a waterbody into horizontal layers of differing densities as a result of variations in the temperature at different depths.

NR 111.03(32)(32) “New facility” means a facility determined to be a new facility under s. NR 111.02 (3).

NR 111.03(33)(33) “New unit” means a new stand-alone unit at an existing facility on which construction began after October 14, 2014 and that is not otherwise classified as a new facility under s. NR 111.02 (3) or that is not otherwise already subject to subch. III, regardless of whether it has its own dedicated cooling water intake structure or uses an existing one. In this subsection, “stand-alone unit” means a separate unit that is added to a facility for either the same general industrial operation or another purpose.

NR 111.03(34)(34) “Nuisance species” means common carp (Cyprinus carpio), grass carp (Ctenopharyngodon idella), silver carp (Hypophthalmichthys molitrix), bighead carp (Aristichthys nobilis), black carp (Mylopharyngodon piceus), goldfish (Carassius auratus), sea lamprey (Petromyzon marinus), alewife (Alosa pseudoharengus) except in Lake Michigan and Lake Superior, rainbow smelt (Osmerus mordax) except in Lake Michigan and Lake Superior, threespine stickleback (Gasterosteus aculeatus), white perch (Morone americana) except in Lake Michigan and Lake Superior, ruffe (Gymnocephalus cernuus), tubenose goby (Proterorhinus marmoratus), round goby (Apollonia melanostomus), rusty crayfish (Orocnectes rusticus), red swamp crayfish (Procambarus clarkii), the species listed in ss. NR 40.04 (2) (c) and 40.05 (2) (c), the shellfish species listed in ss. NR 40.04 (2) (d) and 40.05 (2) (d), and any species subsequently added by the department. “Nuisance species” also includes the species designated by the department as detrimental in the waters of the state specified in s. NR 20.38.

NR 111.03(35)(35) “Offshore velocity cap” means an open intake designed to change the direction of water withdrawal from vertical to horizontal, thereby creating horizontal velocity patterns that result in avoidance of the intake by fish and other aquatic organisms, and that satisfies all of the following:

NR 111.03(36)(36) “Operational measure” means a modification to any operation that serves to minimize impact to all life stages of fish and shellfish from the cooling water intake structure.

NR 111.03 NoteNote: Examples of “operational measures” include more frequent rotation of traveling screens, use of a low pressure wash to remove fish prior to any high pressure spray to remove debris, maintaining adequate volume of water in a fish return, and debris minimization measures such as air sparging of intake screens or other measures taken to maintain the design intake velocity.

NR 111.03(37)(37) “River or stream” means a lotic, or free-flowing, system. “River or stream” includes a flow-through reservoir with a retention time of 7 days or less.

NR 111.03(38)(38) “Q7,10 flow” means the average minimum 7-day low streamflow which occurs once in 10 years.

NR 111.03(39)(39) “Social benefits” means the increase in social welfare, including physical and biological effects on the environment, that results from taking an action. “Social benefits” includes private benefits and those benefits not taken into consideration by private decision makers in the actions they choose to take, including effects occurring in the future. Benefits are generally treated one or more of 3 ways: A narrative containing a qualitative discussion of environmental effects, a quantified analysis expressed in physical or biological units, and a monetized benefits analysis in which dollar values are applied to quantified physical or biological units. The dollar values in a social benefits analysis are based on the principle of willingness-to-pay, which captures monetary benefits by measuring what individuals are willing to forgo in order to enjoy a particular benefit. Willingness-to-pay for nonuse values can be measured using benefits transfer or a stated preference survey.

NR 111.03(40)(40) “Social costs” means costs estimated from the viewpoint of society, rather than individual stakeholders, representing the total burden imposed on the economy and consisting of the sum of all opportunity costs incurred associated with taking actions. “Opportunity costs” means the value lost to society of all the goods and services that will not be produced and consumed as a facility complies with permit requirements, and society reallocates resources away from other production activities and toward minimizing adverse environmental impacts.

NR 111.03(41)(41) “Source water” means the water of the state from which the cooling water is withdrawn.

NR 111.03(42)(42) “Thermocline” means the middle layer of a thermally stratified lake or reservoir where there is a rapid decrease in temperatures.

NR 111.03(43)(43) “Threatened and endangered species” or “threatened or endangered species” means all species listed in s. NR 27.03.

NR 111.03(44)(44) “WPDES” means the Wisconsin pollutant discharge elimination system.

NR 111.10(1)(1) The owner or operator of an existing facility that meets the applicability criteria specified in s. NR 111.02 shall at a minimum do all of the following:

NR 111.10(1)(a)(a) Comply with the BTA standards for impingement mortality under s. NR 111.12 and entrainment under s. NR 111.13, including any measures to protect threatened and endangered species and federally designated critical habitat established under ss. NR 111.11 (2) (a) and 111.16.

NR 111.10(2)(2) The requirements specified in sub. (1) shall be implemented through a WPDES permit for each facility subject to this subchapter. Based on the information submitted in the permit application, the department shall determine the requirements and conditions to include in the permit.