Section 852.05. Required elements — Tier 2 and Tier 3.

 

(1)  Persons identified in Tier 2 and Tier 3 shall complete the elements specified in s. NR 852.04 and the elements specified under either sub. (2) or (3) .

(2)  A person identified in Tier 2 or Tier 3 shall implement all CEMs identified in Table 2 for the applicable water use sector that do not require retrofitting, except those CEMs that are not cost-effective or environmentally sound and economically feasible, as determined by an analysis conducted by the applicant pursuant to s. NR 852.09 or 852.10 , and approved by the department.

(3)  A person identified in Tier 2 or Tier 3 shall implement CEMs selected from Table 2, the Optional CEM list in s. NR 852.08 (2) , or other CEMs as proposed by the applicant and approved by the department, which can be shown to reduce water use or increase water reuse or efficiency by 10 percent, in accordance with all of the following:

(a) The percent reduction in water use or increase in water reuse or efficiency in this subsection shall be based upon a comparison of the water use or water use intensity from the most recent complete year. Water use and water use intensity shall be adjusted to account for unique facility, economic, or weather variability.

(b) The calculation of the 10 percent reduction in water use or increase in water reuse or efficiency shall be in addition to any reduction in water use or increase in water reuse or efficiency achieved through implementation of the CEMs set forth in s. NR 852.04 (2) and shall not be included in the calculated percent reduction.

(4)  For persons other than persons applying for a new or increased diversion, the person shall implement the CEMs identified under sub. (1) within 2 years of the date of the department approval under s. NR 852.11 .

(5)  For persons applying for a new or increased diversion, the person shall implement the CEMs identified under sub. (1) prior to submitting an application.

Table 2

Required Conservation and Efficiency Measures - See PDF for table

History: CR 10-060 : cr. Register December 2010 No. 660 , eff. 1-1-11; correction in (3) (intro.) made under s. 13.92 (4) (b) 7. , Stats., Register December 2010 No. 660 .