Section NR 851.51 - Exception standard application requirements 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to meet the applicable permit requirements under s. 30.12, Stats.(3) The distance between where the water will be withdrawn for the proposal and where the water will be returned to the Great Lakes. The applicant shall provide information on the economics, environmental impacts, and public health impacts considered in determining the return flow location. Except for applicants described under s. NR 851.50 (2), if the place at which the water is to be returned is not as close as practicable to the place at which the water is withdrawn, the applicant shall provide documentation that returning water to a closer location is one of the following:(a) Not economically feasible.(b) Not environmentally sound.(c) Not in the interest of public health.(4) An analysis of the hydrologic setting for the source waterbody and the waterbody receiving the returned water, including consideration of groundwater, surface water, the connection between groundwater and surface water, and the general characteristics of the water bodies such as water availability, water quality, and habitat.(5) Documentation of how the physical, chemical, and biological integrity of the waterbody receiving the returned water will be protected and sustained as required under ss. 30.12, 281.15, and 283.31, Stats. The applicant shall provide scientific information and data statistics on the state of the receiving water before the proposal is implemented, low and high flow conditions if the receiving water is a stream tributary, and potential adverse impacts due to changes in temperature and nutrient loadings.(6) A cumulative impacts analysis that determines the percentage of water that will be withdrawn, diverted, and returned to the Great Lakes basin, including the ratio of the amount that will be diverted to the total volume of the waterbody from which the water is being diverted as a percentage.(7) An analysis of the potential for significant adverse individual impacts or cumulative impacts to the quantity or quality of the waters of the Great Lakes basin or to water-dependent natural resources.(8) A statement that the applicant will continue to implement its Tier 3 water conservation plan developed in compliance with ch. NR 852.Wis. Admin. Code Department of Natural Resources NR 851.51
Adopted by, CR 23-050: cr. Register June 2024 No. 822, eff. 7-1-24; correction in (4) made under s. 35.17, Stats., Register June 24 No. 822, eff. 7/1/2024