Section NR 111.24 - Review of design and construction technologies to minimize impingement mortality and entrainment(1) TRACK I. All of the following department actions are required for track I new facilities: (a) The department shall review the information submitted under s. NR 111.41(18) to evaluate the suitability and feasibility of the technology proposed to minimize impingement mortality and entrainment of all life stages of fish and shellfish.(b) In the first permit issued to a new facility, the department shall include a condition requiring the facility to reduce impingement mortality and entrainment commensurate with the implementation of the technologies in the permit.(c) In permit reissuances, the department shall review the performance of the technologies implemented and require additional or different technologies if needed to minimize impingement mortality and entrainment of all life stages of fish and shellfish.(d) The department shall consider whether more stringent conditions are reasonably necessary in accordance with s. NR 111.21(3).(2) TRACK II. All of the following department actions are required for track II new facilities: (a) The department shall review the information submitted under s. NR 111.41(19) and evaluate the suitability of the proposed technologies and operational measures to determine whether or not they will reduce both impingement mortality and entrainment of all life stages of fish and shellfish to 90 percent or greater of the reduction that could be achieved through track I. If the department determines they do not, the owner or operator of the facility shall further reduce the level of adverse environmental impact from the cooling water intake structure to such a level before the permit may be issued.(b) In permit reissuances, the department shall review the performance of the additional or different technologies or measures used and determine whether or not they reduce the level of adverse environmental impact from the cooling water intake structure to a comparable level that the facility would achieve were it to implement the requirements specified in s. NR 111.21(2) (a) 1. and 2. If the department determines they do not, the owner or operator of the facility shall further reduce the level of adverse environmental impact from the cooling water intake structure to a comparable level that the facility would achieve were it to implement the requirements specified in s. NR 111.21(2) (a) 1. and 2.Wis. Admin. Code Department of Natural Resources NR 111.24
Adopted by, CR 19-105: cr. Register May 2020 No. 773, eff. 6/1/2020