Wisconsin Administrative Code
Department of Natural Resources
NR 800 - Environmental Protection - Water Supply
Chapter NR 860 - Water Use Permitting
Subchapter II - General Water Use Permits
Section NR 860.22 - Application and Review Process for Notice of Coverage

Universal Citation: WI Admin Code ยง NR 860.22

Current through August 26, 2024

(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).

(2) AUTOMATIC NOTICE OF COVERAGE FOR PREEXISTING WITHDRAWALS.

(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:
1. An interim approval under s. 281.344(5m), Stats.

2. A registration under ch. NR 856 completed no later than November 1, 2011.

Note: 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.

Note: 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.

(b) The department may request any missing information required by sub. (3) (a) from persons that qualify for automatic notice of coverage.

(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).

(3) NOTICE OF COVERAGE.

(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:
1. The name, mailing address, telephone number, and email address of the owner and operator.

2. The locations and sources of the withdrawal.

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.

4. The uses made of the water.

5. The places at which the water is used.

6. The places at which any of the water is discharged.

7. Whether the person holds an approval or permit under s. 30.12, 30.18, 281.34, 281.35, 281.41, or 283.31, Stats., or s. 281.17, 2001 Stats., or other statutes and any specified withdrawal conditions set forth in the approval or permit.

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.

9. If required by ch. NR 852, a water conservation plan.

Note: 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.

(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.

(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.

(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.

(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.

(f) The department may investigate or visit a property and facility to determine whether a withdrawal qualifies for coverage under a general permit.

Applications and information should be sent to: DNR Water Use Program DG/5, P.O. Box 7921, Madison, WI 53707-7921.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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