Section NR 111.42 - General application process provisions(1) SUBSEQUENT APPLICATIONS. (a)Reduced information.1. An owner or operator of the facility may request to reduce the information required to be submitted under s. NR 111.40 if the criteria in subd. 2. b. are satisfied. In order to request a waiver of required application materials, the owner or operator of the facility shall submit a request to the department at least 2 years and 6 months prior to the expiration of its WPDES permit. The owner or operator of the facility's request shall identify each application material that it determines has not substantially changed since the previous permit application and the basis for the determination. The department has the discretion to accept or reject any part of the request.2. An owner or operator of the facility may make a request under subd. 1. if any of the following applies:a. Conditions at the facility and in the waterbody remain substantially unchanged since the previous application, and the relevant previously submitted information remains representative of current source water, intake structure, cooling water system, and operating conditions. A request for a waiver under such conditions may only be granted after the initial submission of the application materials required under s. NR 111.41.b. The intake is located in a manmade lake or reservoir and the fisheries are stocked and managed by a state or federal natural resources agency or the equivalent. If the manmade lake or reservoir contains threatened or endangered species or is a federally designated critical habitat, the request for the waiver may not be granted.(b)Newly listed species and new federally designated critical habitat.Any habitat designated as critical or species listed as federally threatened or endangered after issuance of a WPDES permit whose range of habitat or federally designated critical habitat includes waters where a facility intake is located and could be impacted by the intake structure constitutes potential for a substantial change that shall be addressed by the owner or operator of the facility in subsequent permit applications, unless the facility received an exemption under 16 USC 1536(o) or a permit or authorization under s. 29.604(6m) or (6r), Stats., or a permit under 16 USC 1539(a) or there is no reasonable expectation of take.(2) ADDITIONAL INFORMATION. The department has the discretion to request additional information to supplement the permit application, including making a request to inspect the facility, including any additional information from the facility recommended by the U.S. fish and wildlife service upon their review of the permit application under s. NR 111.16(3).(3) PERMIT APPLICATION RECORDS . To document compliance with the requirements under this section, the owner or operator of the facility shall keep records of all submissions that are part of its permit application until the subsequent permit is issued. If the department approves a request for reduced permit application studies under sub. (1) (a) or s. NR 111.11(2) (c) 2., the owner or operator of the facility shall keep records of all submissions that are part of the previous permit application until the subsequent permit is issued.(4) CERTIFICATION. The owner or operator of the facility shall certify that its permit application is true, accurate, and complete.(5) APPLICATION REVIEW. The department shall review the materials submitted by the owner or operator of a facility under s. NR 111.41 for completeness at the time of initial permit application and any application for a subsequent permit. The department may also consider previously submitted data and performance reviews in its review.Wis. Admin. Code Department of Natural Resources NR 111.42
Adopted by, CR 19-105: cr. Register May 2020 No. 773, eff. 6/1/2020