reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 845 - County Administration Of Ch. NR 812, Private Well Cod › Section NR 845.08 - County personnel

Current through June 24, 2024
(1) WORK HOURS. The administrator, a trained
				county inspector or county office staff shall be available at the
				administrator's office for answering questions regarding permit applications
				and for accepting applications for well location or pump installation permits
				for a minimum of 4 regularly scheduled hours each working day.
(2) TRAINED COUNTY INSPECTORS.
(a) Any county employee conducting
				inspections is required to attend initial training sessions and pass an
				examination related to the delegation level at which her or his county is
				authorized. Examinations and training will relate to ch. NR 812 requirements,
				the technical aspects of well location, pump installation, existing private
				water systems and private well construction and water quality. Only county
				personnel who have attended the initial training sessions and successfully
				passed the department's examination for her or his county delegation level or
				levels and has not violated the provisions of sub. (2) (b), (c) and (d) may
				conduct private water system inspections. Counties shall consult with the
				department for temporary exceptions to the training session and examination
				requirements for county inspectors. Inspectors shall be titled as follows:
				Level 1 - Well location inspector; Level 2 - Pump installation inspector; Level
				3 - Private water systems inspector; Level 4 - Well construction inspector; and
				Level 5 - well and drillhole abandonment inspector.
(b) A county inspector may not grant
				variances.
(c) A county inspector
				may not issue permits that result in noncompliance with ch. 280, Stats., ch. NR
				812 or the county ordinance.
(d) A
				county inspector shall attend continuing education classes conducted by or
				approved by the department. The annual department audit evaluation shall
				include a determination of whether the inspector granted any variances or
				issued any permits that resulted in noncompliance. Such action by an inspector
				may be cause for departmental reexamination of the inspector.
(e) All inspectors shall be trained to
				adequately conduct inspections commensurate with a county's authorized
				delegation level for levels 1 to 3 and 5. In counties with delegation level 4,
				one or more inspectors shall be trained to do level 4 inspections and shall be
				the only inspectors conducting level 4 inspections.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 845 - County Administration Of Ch. NR 812, Private Well Cod › Section NR 845.10 - County enforcement procedures

Current through June 24, 2024
(1) The county
				shall administer ch. NR 812 and the county ordinance in accordance with this
				chapter and chs. 59 and 280, Stats.
(2) The county procedures for enforcement of
				the private water systems ordinance shall be outlined in the letter of
				application submitted by the county to the department requesting authority to
				administer ch. NR 812.
(3) Each
				county shall utilize its authority under ch. 59, Stats., to appoint an
				administrator who shall investigate any case of noncompliance with ch. 280,
				Stats., ch. NR 812 or the county ordinance, related to the county's delegation
				level and who shall issue orders to abate noncompliances.
(4) A county may provide for enforcement of a
				private water system ordinance by forfeiture, injunction or both. A county may
				establish a schedule of forfeitures for noncompliance with the county
				ordinance.
(5) The administrator
				shall refer cases of noncompliance with ch. 280, Stats., ch. NR 812 or the
				county ordinance to the district attorney or corporation counsel for
				prosecution.
(6) The department may
				enforce ch. 280, Stats., and any rules of the department also covered by a
				county ordinance adopted under ss.
				59.70(6)
				and
				280.21, Stats.,
				if the department is engaged in audit or review activities, if there is
				reasonable cause to believe that the county ordinance and related enforcement
				program of the county is not in compliance with ch. 280, Stats., or department
				rules or if the department determines there are special circumstances requiring
				concurrent enforcement. The department shall continue to enforce ch. 280,
				Stats., and rules of the department not covered by a county ordinance in
				counties delegated ch. NR 812 authority and in counties not authorized to
				administer and enforce ch. NR 812.
(7) Counties may not suspend or revoke the
				permit of a well driller or a pump installer.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 845 - County Administration Of Ch. NR 812, Private Well Cod › Section NR 845.11 - County applications for authorization

Current through June 24, 2024
County applications for authorization to administer ch. NR
				  812 shall include the following:
(1) A
				copy of the private water systems ordinance that will be adopted by the county
				board of supervisors.
Note: The county may submit a draft copy of the ordinance to
				  the department for review prior to submission to the county board of
				  supervisors for approval. A model ordinance is available from the Department of
				  Natural Resources, 101 S. Webster Street, P.O. Box 7921, Madison, WI
				  53707-7921.
(2) A
				description of the enforcement procedures to be used by the county for
				follow-up on noncompliance with ch. 280, Stats., ch. NR 812, or the county
				ordinance.
(3) A signed statement
				from the district attorney or corporation counsel indicating a willingness to
				prosecute noncompliance with ch. 280, Stats., ch. NR 812 or the county
				ordinance.
(4) The expected number
				of staff hours available per year for each level of delegation for the private
				water systems program. The number of staff to be trained at each delegation
				level shall be included.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 845 - County Administration Of Ch. NR 812, Private Well Cod › Section NR 845.13 - Probation

Current through June 24, 2024
(1) The department may invoke a probationary
				period of 6 to 12 months for county failure to administer and enforce ch. 280,
				Stats., ch. NR 812 or the county ordinance under any of the following
				conditions:
(a) The employment of an
				inspector who:
1. Is not trained according to
				the standards of s.
				NR
				845.08(2), or
2. Granted variances or issued permits
				resulting in noncompliance with ch. 280, Stats., ch. NR 812, or the county
				ordinance.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 845 - County Administration Of Ch. NR 812, Private Well Cod › Section NR 845.14 - Revocation

Current through June 24, 2024
(1) The department may revoke a county's
				authority to administer and enforce ch. NR 812 and the county ordinance
				following a public hearing conducted by the department upon 30 days notice to
				the county under any of the following conditions:
(a) Failure to have in effect a private water
				system ordinance meeting the requirements of this chapter.
(b) Repeated failure to meet the minimum
				annual performance standards specified for tasks in the county's delegation
				levels.
(c) Failure to achieve
				minimum performance standards at the next annual audit following a probation
				period.
(d) When evidence exists of
				a county's flagrant nonperformance of its delegation
				responsibilities.
(e) Repeated
				violations of s.
				NR
				845.13(1) (c) to (f).
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 845 - County Administration Of Ch. NR 812, Private Well Cod › Section NR 845.15 - Commendation

Current through June 24, 2024
The department shall issue a certificate of outstanding
				  contribution to protection of the state of Wisconsin's citizens and groundwater
				  resources to counties and their administrators who achieve an excellent rating
				  at the annual audit for all performance criteria associated with their
				  delegation levels.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 850 - Water use fees › Section NR 850.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to implement s.
				  281.346(12),
				  Stats., by establishing annual fees for water withdrawals from the Great Lakes
				  basin of more than 50,000,000 gallons per year and by specifying procedures for
				  assessing and collecting the fee specified in s.
				  281.346(12)
				  (a), Stats.
Section
					 281.346(12)
					 (a), Stats., provides that "A person who has
					 a water supply system with the capacity to make a withdrawal from the waters of
					 the state averaging 100,000 gallons per day or more in any 30-day period shall
					 pay to the department an annual fee of $125, except that the department may
					 promulgate a rule specifying a different amount."
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 850 - Water use fees › Section NR 850.02 - Applicability

Current through June 24, 2024
This chapter applies to any person who has a water supply
				  system with the capacity to make a withdrawal from the waters of the state
				  averaging 100,000 gallons per day or more in any 30-day period, and to persons
				  who withdraw more than 50,000,000 gallons of water per year from the waters of
				  the state within the Great Lakes basin using a water supply system or systems
				  on one property, or using a public water supply.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 850 - Water use fees › Section NR 850.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Department" means the department of natural resources.
(2) "Great Lakes basin" has the meaning
				specified in s.
				281.346(1)
				(je), Stats.
Note: Section
				  281.346(1)
				  (je), Stats., defines "Great Lakes basin" to
				  mean "the watershed of the Great Lakes and the St. Lawrence River upstream from
				  Trois-Rivieres, Quebec, within the jurisdiction of the parties."
(3) "One property" has the meaning
				specified in s.
				NR
				812.07(68).
Note: Section
				  NR
				  812.07(68), Wisc. Adm. Code, defines
				  "one property" to mean "all contiguous land controlled by one owner, lessee, or
				  any other person having a possessory interest. Lands under single ownership
				  bisected by highways or railroad right-of-ways are considered
				  contiguous."
(4) "Person"
				has the meaning specified in s.
				281.346(1)
				(nm), Stats.
Note: Section
				  281.346(1)
				  (nm), Stats., defines "person" to mean "an
				  individual or other entity, including a government or a nongovernmental
				  organization, including any scientific, professional, business, nonprofit, or
				  public interest organization or association that is neither affiliated with nor
				  under the direction of a government."
(5) "Public water supply" has the meaning
				specified in s.
				281.346(1)
				(pm), Stats.
Note: Section
				  281.346(1)
				  (pm), Stats., defines "public water supply"
				  to mean "water distributed to the public through a physically connected system
				  of treatment, storage, and distribution facilities that serve a group of
				  largely residential customers and that may also serve industrial, commercial,
				  and other institutional customers."
(6) "Small business" has the meaning
				specified in s.
				227.114(1),
				Stats.
Note: Section
				  227.114(1),
				  Stats., defines "small business" to mean "a business entity, including its
				  affiliates, which is independently owned and operated and not dominant in its
				  field, and which employs 25 or fewer full-time employees or which has gross
				  sales of less than $5,000,000."
(7) "Water supply system," has the meaning
				specified in s.
				281.346(1)
				(wp), Stats.
Note: Section
				  281.346(1)
				  (wp), Stats., defines "water supply system,
				  when not preceded by `public'", to mean "one of the following:
1. Except as provided in subd.
2., the equipment handling water from the
				point of intake of the water to the first point at which the water is used. 2.
				For a system for providing a public water supply, the equipment from the point
				of intake of the water to the first point at which the water is
				distributed."
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 850 - Water use fees › Section NR 850.04 - Fees

Current through June 24, 2024
(1) A person who has a water supply system
				with the capacity to make a withdrawal from the waters of the state averaging
				100,000 gallons per day or more in any 30-day period shall pay to the
				department a fee of $125, which covers all water supply systems on one
				property, or a single public water supply.
(2) In addition to the fee specified in sub.
				(1), unless exempted under sub. (3), any person who withdraws more than
				50,000,000 gallons of water per year from the waters of the state within the
				Great Lakes basin using a water supply system or systems on one property, or a
				public water supply, shall pay a fee in accordance with the schedule of fees in
				this subsection. The schedule is as follows, with the stated fee in each clause
				applied to the total amount of water withdrawn, as applicable:
(a) $1.50 per 1,000,000 gallons for amounts
				withdrawn in excess of 50,000,000 gallons but not more than 100,000,000 gallons
				per year;
(b) $2 per 1,000,000
				gallons for amounts withdrawn in excess of 100,000,000 gallons but not more
				than 150,000,000 gallons per year;
(c) $2.50 per 1,000,000 gallons for amounts
				withdrawn in excess of 150,000,000 gallons but not more than 200,000,000
				gallons per year;
(d) $3 per
				1,000,000 gallons for amounts withdrawn in excess of 200,000,000 gallons but
				not more than 250,000,000 gallons per year;
(e) $3.50 per 1,000,000 gallons for amounts
				withdrawn in excess of 250,000,000 gallons but not more than 300,000,000
				gallons per year;
(f) $4 per
				1,000,000 gallons for amounts withdrawn in excess of 300,000,000 gallons but
				not more than 350,000,000 gallons per year;
(g) $4.50 per 1,000,000 gallons for amounts
				withdrawn in excess of 350,000,000 gallons but not more than 400,000,000
				gallons per year;
(h) $5 per
				1,000,000 gallons for amounts withdrawn in excess of 400,000,000 gallons but
				not more than 450,000,000 gallons per year;
(i) $5.50 per 1,000,000 gallons for amounts
				withdrawn in excess of 450,000,000 gallons but not more than 500,000,000
				gallons per year;
(j) $6 per
				1,000,000 gallons for amounts withdrawn in excess of 500,000,000 gallons per
				year.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter I - Purpose, Definitions, and General Provisions › Section NR 851.10 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish an application
					 process, requirements, and department review procedures related to diversions
					 of Great Lakes basin water, in compliance with ss. 281.343 and 281.346, Stats.,
					 and consistent with the requirements of the Great Lakes - St. Lawrence River
					 Basin Water Resources Compact.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter I - Purpose, Definitions, and General Provisions › Section NR 851.11 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Applicant" means a person who submits an
				  application for a diversion approval.
(2) "Community within a straddling county"
				  has the meaning given in s. 281.346 (1) (d), Stats.
Note:
Section 281.346 (1) (d), Stats., reads
					 as follows: "Community within a straddling county" means any city, village, or
					 town that is not a straddling community and that is located outside the Great
					 Lakes basin but wholly within a county that lies partly within the Great Lakes
					 basin.
(3) "Consumptive use"
				  has the meaning given in s. 281.346 (1) (e), Stats.
Note:
Section 281.346 (1) (e), Stats., reads
					 as follows: "Consumptive use" means a use of water that results in the loss of
					 or failure to return some or all of the water to the basin from which the water
					 is withdrawn due to evaporation, incorporation into products, or other
					 processes.
(3m) "Department"
				  means the department of natural resources.
(4) "Diversion" has the meaning given in s.
				  281.346 (1) (h), Stats. "Diversion" includes diversions to straddling
				  communities, diversions to communities within a straddling county and
				  intrabasin transfers.
Note:
Section 281.346 (1) (h), Stats., reads
					 as follows: "Diversion" means a transfer of water from the Great Lakes basin
					 into a watershed outside the Great Lakes basin, or from the watershed of one of
					 the Great Lakes into that of another, by any means of transfer, including a
					 pipeline, canal, tunnel, aqueduct, channel, modification of the direction of a
					 water course, tanker ship, tanker truck, or rail tanker except that "diversion"
					 does not include any of the following:
1. The transfer of a product produced in the
				  Great Lakes basin or in the watershed of one of the Great Lakes, using waters
				  of the Great Lakes basin, out of the Great Lakes basin or out of the
				  watershed.
2. The transmission of
				  water within a line that extends outside of the Great Lakes basin as it conveys
				  water from one point to another within the Great Lakes basin if no water is
				  used outside of the Great Lakes basin.
3. The transfer of bottled water from the
				  Great Lakes basin in containers of 5.7 gallons or less.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter I - Purpose, Definitions, and General Provisions › Section NR 851.12 - Prohibitions

Current through June 24, 2024
No person may begin a new diversion or increase the amount
					 of a diversion or preexisting diversion over the amount specified in an
					 approval, except as authorized under s. 281.346 (4) (c), (d), or (e), Stats.,
					 and this chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter I - Purpose, Definitions, and General Provisions › Section NR 851.13 - Responsible persons

Current through June 24, 2024
(1) Persons
				  responsible for obtaining, requesting amendment, and complying with the terms
				  of a diversion approval are as follows:
(a)
				  For a diversion to a straddling community or a diversion to a community in a
				  straddling county, the person who owns or operates the public water supply
				  system that receives or would receive water diverted from the Great Lakes
				  basin.
(b) For intrabasin
				  transfers, the person who transfers the Great Lakes water.
(c) For preexisting diversion approvals, the
				  person named on the preexisting approval, or the person the department has
				  approved for a transfer of the preexisting approval.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter I - Purpose, Definitions, and General Provisions › Section NR 851.14 - Fees

Current through June 24, 2024
(1) An applicant shall pay to the department
				  a review fee of $5,000 at the time the applicant submits the
				  application.
(2) The department may
				  not review an application under this chapter until the applicant submits the
				  review fee.
(3) If the application
				  requires review by the Great Lakes council or regional body, the applicant
				  shall pay to the department an amount equal to any fees imposed on the state by
				  the Great Lakes council or regional body.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter I - Purpose, Definitions, and General Provisions › Section NR 851.15 - Enforcement

Current through June 24, 2024
A person violating this chapter or an approval under this
					 chapter may be subject to penalties specified under s. 281.346 (14), Stats.,
					 including all of the following:
(1)
				  Forfeitures.
(2) Costs of
				  investigation and prosecution.
(3)
				  Abatement of nuisance.
(4)
				  Restoration of a natural resource.
(5) Orders that the person take or refrain
				  from taking any action necessary to eliminate or minimize any environmental
				  damage caused by the violation.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter II - Straddling Community Diversions › Section NR 851.20 - Applicability

Current through June 24, 2024
This subchapter applies to any person proposing a new or
					 increased straddling community diversion. No person may begin a new or
					 increased straddling community diversion until the person applies for and
					 obtains approval from the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter II - Straddling Community Diversions › Section NR 851.23 - Amendments to straddling community diversion approvals

Current through June 24, 2024
(1) GENERAL REQUIREMENTS. The department may
				  amend a straddling community diversion approval to reflect changes in fact and
				  accuracy of the approval, including expansion of the diversion area. The
				  department may issue an amendment in the form of a letter stating the changes
				  to the approval or approval conditions. The department may amend an approval if
				  all of the following apply:
(a) If the
				  proposal expands the diversion area, the expanded area is within the municipal
				  boundaries of the city, village, or town to where the water is diverted and is
				  within the sewer service area.
(b)
				  The proposal does not exceed the total volume of the existing diversion
				  approval.
(c) The proposal does not
				  result in a new or increased consumptive use that would average 5,000,000
				  gallons or more per day in any 90-day period.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter III - Intrabasin Transfers › Section NR 851.30 - Applicability

Current through June 24, 2024
This subchapter applies to any person proposing a new or
					 increased intrabasin transfer. No person may begin a new or increased
					 intrabasin transfer until the person applies for and obtains approval from the
					 department.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter IV - Community Within a Straddling County Diversions › Section NR 851.40 - Applicability

Current through June 24, 2024
This subchapter applies to any person proposing a new or
					 increased diversion of Great Lakes basin water to a community within a
					 straddling county or a community partly within a straddling county and partly
					 within a county that lies entirely outside the Great Lakes basin as long as the
					 water will be used solely for public water supply purposes in the portion of
					 the community within the straddling county. No person may begin a new or
					 increased diversion to a community within a straddling county until the person
					 applies for and obtains approval from the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter IV - Community Within a Straddling County Diversions › Section NR 851.42 - Department review for a community within a straddling county diversion

Current through June 24, 2024
(1) Upon receipt of an application for a
				  community within a straddling county diversion, and at any time during its
				  review, the department may request from the applicant additional information,
				  documentation, and materials necessary to complete or review the application.
				  When the department determines an application is complete, it shall follow the
				  applicable public notice and participation requirements under subch.
				  VII.
(2) The department may approve
				  a proposal for a community within a straddling county for a new or increased
				  diversion, if the department finds all of the following apply:
(a) The proposal is properly characterized as
				  a community within a straddling county diversion based on the boundaries of the
				  county and the city, village, or town to which water will be diverted in
				  relation to the Great Lakes basin.
(b) The applicant owns or operates a public
				  water supply system.
(c) The
				  diverted water is solely for public water supply purposes in the portion of a
				  community that is within a straddling county based on the boundaries of the
				  county, city, village, or town.
(d)
				  The community is without adequate supplies of potable water.
(e) The proposal meets the exception standard
				  under subch. V.
(f) There is no
				  reasonable water supply alternative within the watershed to which the water
				  will be transferred, including conservation of existing water
				  supplies.
(g) If applicable and
				  available, the department has considered scientifically based evidence
				  regarding the interconnection between existing groundwater supplies and the
				  waters of the Great Lakes basin.
(h) The diversion maximizes the amount of
				  water withdrawn from the Great Lakes basin that will be returned to the source
				  watershed and minimizes the amount of water from outside of the Great Lakes
				  basin that will be returned to the source watershed.
(i) The proposed diversion has no significant
				  adverse impact on the Great Lakes basin ecosystem.
(j) The diversion area is entirely within a
				  sewer service area or the applicant has another mechanism to return the water
				  to the Great Lakes basin.
(k) The
				  proposal is consistent with an approved water supply service area plan under
				  ch. NR 854.
(l) The applicant has
				  obtained all applicable permits or approvals for the withdrawal and discharge
				  of Great Lakes water under s. 30.12, 30.18, 281.15, 281.34, 281.41, or 283.31,
				  Stats.
(m) The department conducted
				  a technical review.
(n) The
				  proposal has undergone regional body review and the department considered the
				  regional declaration of findings.
(o) The Great Lakes council has approved the
				  proposal.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter IV - Community Within a Straddling County Diversions › Section NR 851.43 - Amendment to a community within a straddling county diversion approval

Current through June 24, 2024
(1) A person seeking to amend an approval for
				  a community within a straddling county diversion shall contact the department
				  to discuss the scope of the request. A person seeking an amendment shall submit
				  to the department the amendment request and documentation to support all
				  relevant application requirements under s. NR 851.41. Upon receipt of the
				  request and at any time during its review, the department may request
				  additional information, documentation, and materials necessary to review the
				  request.
(2) The department shall
				  work with the applicant to follow regional body and Great Lakes council
				  procedures to amend a community within a straddling county diversion
				  approval.
(3) The department may
				  amend a community within a straddling county diversion approval if it is
				  consistent with the regional body and Great Lakes council approval and
				  findings.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter V - The Exception Standard › Section NR 851.50 - Exception standard applicability

Current through June 24, 2024
The exception standard implements the criteria established
					 under s. 281.346 (4) (f), Stats. The exception standard applies to all of the
					 following:
(1) A new or increased
				  straddling community diversion proposal that results from a new withdrawal or
				  an increase in a withdrawal that would average 100,000 gallons or more per day
				  in any 90-day period.
(2) An
				  intrabasin transfer proposal that results from a new withdrawal or an increase
				  in a withdrawal that would average more than 100,000 gallons per day in any
				  90-day period.
(3) An intrabasin
				  transfer proposal that results in a new or increased water loss that would
				  average 5,000,000 gallons per day or more in any 90-day period.
(4) A new or increased community within a
				  straddling county diversion proposal.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter V - The Exception Standard › Section NR 851.51 - Exception standard application requirements

Current through June 24, 2024
In addition to the applicable application requirements
					 under subch. II, III, or IV, the applicant shall provide all of the following
					 information with any application submitted under subch. II, III, or IV:
(1) Documentation demonstrating that the
				  proposal cannot be reasonably avoided through the efficient use and
				  conservation of existing water supplies.
(2) Information to demonstrate all of the
				  following related to return flow:
(a) The
				  amount of water that will be returned to the Great Lakes basin.
(b) If surface water or groundwater from
				  outside the Great Lakes basin will be returned to the source basin, that the
				  returned water will be from a water supply or wastewater treatment system that
				  combines water from inside and outside the Great Lakes basin.
(c) If surface water or groundwater from
				  outside the Great Lakes basin will be returned to the source basin, that the
				  returned water will be treated to meet applicable permit requirements under s.
				  283.31, Stats., and to prevent the introduction of invasive species into the
				  Great Lakes basin.
(d) If surface
				  water or groundwater from outside the Great Lakes basin will be returned to the
				  source basin and if the water is returned through a structure on the bed of a
				  navigable water, the structure is designed and will be operated to meet the
				  applicable permit requirements under s. 30.12, Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter V - The Exception Standard › Section NR 851.52 - Exception standard department review

Current through June 24, 2024
The department may determine that a proposal meets the
					 exception standard if all of the following apply:
(1) The need for the proposed diversion
				  cannot reasonably be avoided through the efficient use and conservation of
				  existing water supplies as determined by the applicant's Tier 3 water
				  conservation plan developed in compliance with ch. NR 852.
(2) The diversion is limited to quantities
				  that are reasonable for the purposes for which the diversion is
				  proposed.
(3) An amount of water
				  equal to the amount of water withdrawn from the Great Lakes basin will be
				  treated and returned to the source watershed, less an allowance for consumptive
				  use.
(4) For applications described
				  under s. NR 851.50 (1), (3), and (4), the place at which the water is returned
				  to the source watershed is as close as practicable to the place at which the
				  water is withdrawn, including consideration of the following:
(a) Economic feasibility.
(b) Environmental impact such as impacts of
				  the withdrawal on rivers or streams.
(c) Public health concerns.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter VI - Approvals, Conditions, and Reporting Requirements › Section NR 851.60 - Preexisting diversions

Current through June 24, 2024
(1) PUBLIC WATER SUPPLY SYSTEMS. If an owner
				  or operator of a public water supply system with a preexisting diversion plans
				  to change operations in a manner that does not comply with the preexisting
				  approval or conditions, the owner or operator shall apply for a new or
				  increased diversion approval under s. 281.346 (4), Stats., and subch. II, III,
				  or IV, as applicable.
(2) TRANSFER
				  OF OWNERSHIP OF A PREEXISTING DIVERSION NOT FOR PUBLIC WATER SUPPLY. Within 30
				  days after a change in ownership of a property with a withdrawal that is the
				  source for a preexisting diversion, the new property owner shall request in
				  writing to the department a transfer of the preexisting diversion approval,
				  including the new property owner's name, mailing address, telephone number, and
				  email. The department may approve the transfer of the preexisting diversion
				  approval to a new property owner if the new owner agrees to comply with the
				  preexisting diversion approval, conditions, and reporting
				  requirements.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter VI - Approvals, Conditions, and Reporting Requirements › Section NR 851.61 - Approval, conditional approval, and denial

Current through June 24, 2024
(1) Each
				  approval the department issues under this chapter shall specify, at a minimum,
				  all of the following:
(a) The purpose of the
				  water diversion.
(b) The diversion
				  volume expressed as an annual average in gallons per day, or for intrabasin
				  transfers, the diversion volume expressed as an average in any 90-day period in
				  gallons per day.
(c) The diversion
				  area, consistent with the approved water supply service area plan if
				  applicable.
(d) The place where the
				  water shall be treated and location of where the water will be returned to the
				  Great Lakes basin.
(e) Tier 3 water
				  conservation plan approval and water conservation plan implementation
				  requirements.
(f) Recordkeeping and
				  reporting requirements, including requirements under ch. NR 856 including the
				  volume of water diverted or transferred and volume of water returned.
(g) If the approval is for a temporary
				  diversion, the expiration date or termination date of approval.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter VI - Approvals, Conditions, and Reporting Requirements › Section NR 851.62 - Termination of approval

Current through June 24, 2024
The department may terminate a diversion approval if any
					 of the following apply:
(1) The person
				  or public water supply system no longer has the capability to withdraw water or
				  the water use registration has been terminated under ch. NR 856.
(2) Except for public water supply systems,
				  the person no longer holds all applicable department approvals or permits under
				  s. 30.12, 30.18, 281.346, 281.35, or 283.31, Stats.
(3) The intrabasin transfer approval was for
				  a one-time transfer and the transfer is complete.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter VII - Public Notice and Participation › Section NR 851.70 - Applicability

Current through June 24, 2024
The department may issue an approval or conditional
					 approval for a diversion under s. NR 851.61 if all applicable requirements of
					 this subchapter have been met.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter VII - Public Notice and Participation › Section NR 851.71 - Receipt of application and preliminary review

Current through June 24, 2024
Prior to determining an application is complete, the
					 department may inform the public and the Great Lakes council and regional body
					 that an application has been received and the department will begin a
					 preliminary review.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter VII - Public Notice and Participation › Section NR 851.72 - Public notice and comment

Current through June 24, 2024
The department shall provide public notice and a public
					 comment period for any complete application received under subch. II, III, or
					 IV. The public notice and comment period shall comply with all of the
					 following:
(1) PUBLIC NOTICE CONTENT.
				  The public notice shall contain all of the following:
(a) Name and mailing address of the
				  applicant.
(b) A brief description
				  of the proposed diversion, including the amount of the proposed withdrawal or
				  diversion.
(c) A brief description
				  of the procedures for the formulation of final determinations on applications,
				  including the date public comments are due to the department.
(d) The name and address of a contact within
				  the department who will receive comments and respond to questions.
(e) The location on the department's website
				  where copies of the application materials are available for review.
(f) The location, date, and time of any
				  public meetings or hearings, if applicable.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter VII - Public Notice and Participation › Section NR 851.73 - Notice to Great Lakes council and regional body

Current through June 24, 2024
The department shall notify the Great Lakes council and
					 regional body of all complete applications under subch. II, III, or
					 IV.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter VII - Public Notice and Participation › Section NR 851.74 - Tribal notice and consultation

Current through June 24, 2024
The department shall notify all recognized American Indian
					 tribes or bands in this state of complete applications under subch. II, III, or
					 IV. For an application requiring regional body review or Great Lakes council
					 approval, the department shall consult with federally recognized American
					 Indian tribes or bands in this state concerning a proposal that may affect the
					 tribe or band.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter VII - Public Notice and Participation › Section NR 851.75 - Public hearings

Current through June 24, 2024
(1) MANDATORY HEARINGS. The department shall
				  conduct a public hearing for any of the following:
(a) A new or increased straddling community
				  diversion proposal that results from a new withdrawal or an increase in a
				  withdrawal that would average 100,000 gallons or more per day in any 90-day
				  period.
(b) A new or increased
				  straddling community diversion proposal that results in a new or increased
				  consumptive use that would average 5,000,000 gallons or more per day in any
				  90-day period.
(c) An intrabasin
				  transfer proposal that results in a new withdrawal or an increase in a
				  withdrawal that would average more than 100,000 gallons per day in any 90-day
				  period.
(d) An intrabasin transfer
				  proposal that results in a new or increased consumptive use that would average
				  5,000,000 gallons per day or more in any 90-day period.
(e) A new or increased diversion proposal to
				  a community within a straddling county.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 851 - Management Of Great Lakes Diversions › Subchapter VII - Public Notice and Participation › Section NR 851.76 - Open records requests

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 852 - Water conservation and water use efficiency › Section NR 852.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish a statewide water
				  conservation and efficiency program, as required by s.
				  281.346(8),
				  Stats.; to specify mandatory water conservation and efficiency measures for
				  withdrawals in the Great Lakes Basin and water loss approvals statewide; to
				  promote voluntary statewide water conservation through the identification of
				  water conservation and efficiency measures; and to guide other department
				  regulatory, planning, resource management, liaison and financial aid
				  determinations.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 852 - Water conservation and water use efficiency › Section NR 852.02 - Applicability

Current through June 24, 2024
Persons subject to this chapter are categorized into one of
				  three levels, Tier 1, Tier 2, or Tier 3, in order to differentiate between the
				  requirements for different amounts and types of a withdrawal, diversion, or
				  water loss. Unless exempted under sub. (4), this chapter applies to persons
				  applying for a new or increased withdrawal, diversion, or water loss approval
				  according to the following categories:
(1) Tier 1: Persons applying for a new or
				increased withdrawal regulated under s.
				281.346(4s),
				Stats.
Note: Section
				  281.346(4s),
				  Stats., requires coverage under a general permit for withdrawals from the Great
				  Lakes basin that average 100,000 gallons per day or more in any 30-day period
				  but that do not equal at least 1,000,000 gallons per day for any 30 consecutive
				  days.
(2) Tier 2: Persons
				applying for a new or increased withdrawal regulated under s.
				281.346(5),
				Stats.
Note: Section
				  281.346(5),
				  Stats., requires an individual permit for withdrawals from the Great Lakes
				  basin that equal 1,000,000 gallons per day or more for any 30 consecutive
				  days.
(3) Tier 3:
(a) Persons applying for a new or increased
				diversion regulated under s.
				281.346(4)
				(c), (d), and (e), Stats.
Note: Section
				  281.346(4)
				  (c), Stats., regulates diversions to a
				  straddling community, s.
				  281.346(4)
				  (d), Stats., regulates intrabasin transfers
				  within a straddling community, and s.
				  281.346(4)
				  (e), Stats. regulates diversions to a
				  community in a straddling county.
(b) Persons applying for a water loss
				approval under s.
				281.35,
				Stats.
Note: Section
				  281.35,
				  Stats., regulates withdrawals statewide that will result in a water loss
				  averaging more than 2,000,000 gallons per day in any 30-day period.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 852 - Water conservation and water use efficiency › Section NR 852.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Commercial and institutional water use sector" means water users that supply
				their own water and use water for commercial and institutional uses, including
				entities such as motels, hotels, restaurants, office buildings, hospitals,
				schools and other institutions, both civilian and military. Water use in the
				commercial and institutional water use sector includes water used for air
				conditioning and other similar uses and for amusement and recreational
				purposes, such as snowmaking and water slides.
(2) "Consumptive use" has the meaning
				specified in s.
				281.346(1)
				(e), Stats.
Note: Section
				  281.346(1)
				  (e) defines "consumptive use" to mean "a use
				  of water that results in the loss or failure to return some or all of the water
				  to the basin from which the water is withdrawn due to evaporation,
				  incorporation into products, or other processes.
(3) "Cost-effectiveness analysis" means a
				systematic comparison of the total resources costs, including monetary costs
				and environmental costs, as well as other nonmonetary costs of implementing a
				conservation and efficiency measure to identify whether avoided costs and
				environmental benefits exceed the costs of implementing a conservation and
				efficiency measure over a planning period.
(4) "Department" means the department of
				natural resources.
(5) "Diversion"
				has the meaning specified in s.
				281.346(1)
				(h), Stats.
Note: Section
				  281.346(1)
				  (h), Stats., defines "diversion" to mean "a
				  transfer of water from the Great Lakes basin into a watershed outside the Great
				  Lakes basin, or from the watershed of one of the Great Lakes into that of
				  another, by any means of transfer, including a pipeline, canal, tunnel,
				  aqueduct, channel, modification of the direction of a water course, tanker
				  ship, tanker truck, or rail tanker except that `diversion' does not include any
				  of the following:
1. The transfer of a
				product produced in the Great Lakes basin or in the watershed of one of the
				Great Lakes, using waters of the Great Lakes basin, out of the Great Lakes
				basin or out of that watershed.
2.
				The transmission of water within a line that extends outside the Great Lakes
				basin as it conveys water from one point to another within the Great Lakes
				basin if no water is used outside the Great Lakes basin.
3. The transfer of bottled water from the
				Great Lakes basin in containers of 5.7 gallons or less."