Wis. Admin. Code Department of Natural Resources NR 111.01
The purpose of this chapter is to establish requirements that apply to cooling water intake structures, including requirements that apply to location, design, construction, and capacity of cooling water intake structures at new and existing facilities. The chapter includes standards for minimizing adverse environmental impact associated with the use of cooling water intake structures and required procedures, including permit application requirements and information submission requirements, for establishing the appropriate technology requirements at certain specified facilities, and monitoring, reporting, and recordkeeping requirements to demonstrate compliance. In combination, these components represent the best technology available for minimizing adverse environmental impact associated with the use of cooling water intake structures. These requirements are established and implemented in Wisconsin pollutant discharge elimination system permits issued under s. 283.31(6), Stats.
Note: This regulation does not authorize take, as defined by the federal endangered species act, 16 USC 1532(19), or Wisconsin's endangered species law, s. 29.604, Stats. The U.S. fish and wildlife service and the state of Wisconsin have determined that any impingement, including entrapment or entrainment of federally- or state-listed species constitutes take. Such take of federally-listed species may be authorized pursuant to the conditions of a permit issued under 16 USC 1539(a) or where consistent with an incidental take statement contained in a biological opinion pursuant to 16 USC 1536(o). Such take of state-listed species may be authorized pursuant to the conditions of a permit or authorization issued under s. 29.604(6m) or (6r), Stats.
Wis. Admin. Code Department of Natural Resources NR 111.01
A permittee subject to this rule shall still comply with all state and federal threatened and endangered species laws for all organisms that could be adversely impacted by the permittee's cooling water intake structures, including amphibians, reptiles, and other aquatic invertebrates.