NR 131.09(2)(a)1. 1. The amount of the bond or other security required shall be equal to the estimated cost to the state of fulfilling the reclamation plan, in relation to that portion of the site that will be disturbed by the end of the following year. The estimated cost of reclamation shall be determined by the department on the basis of those factors listed in s. NR 131.07. In lieu of a bond, the operator may deposit cash, certificates of deposit or government securities with the department. Interest received on certificates of deposit and government securities shall be paid to the operator. The department may increase the amount of the bond, cash, certificates of deposit or government securities in lieu of the procedures contained in s. NR 131.12 (2), in order to assure adequate financing for the reclamation plan.
NR 131.09(2)(a)2. 2. The bond shall be issued by a surety company licensed to do business in Wisconsin. If the surety company's license to do business is revoked or suspended, the operator, within 30 days after receiving written notice thereof from the department, shall substitute surety underwritten by a surety company licensed to do business in Wisconsin. Upon failure of the operator to make a substitution, the department shall suspend the operator's prospecting permit until substitution has been made.
NR 131.09(2)(a)3. 3. Each bond shall provide that the bond shall not be canceled by the surety, except after not less than 90 days notice to the department in writing by registered or certified mail. Not less than 30 days prior to the expiration of the 90 day notice of cancellation, the operator shall deliver to the department a replacement bond in the absence of which all prospecting shall cease.
NR 131.09(2)(b) (b) A certificate of insurance certifying that the operator has in force a liability insurance policy issued by an insurance company authorized to do business in this state or in lieu of a certificate of insurance, evidence that the operator has satisfied state or federal self-insurance requirements covering all prospecting of the operator in this state and affording personal injury and property damage protection in a total amount deemed adequate by the department but not less than $50,000.
NR 131.09(3) (3) Upon receipt of satisfactory reclamation bond and the certificate of insurance, the department shall give written authorization to the operator to commence prospecting in accordance with the prospecting and reclamation plans.
NR 131.09 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82; corrections in (2) (a) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663.
NR 131.10 NR 131.10 Denial.
NR 131.10(1)(1) The department shall deny a prospecting permit if it finds any of the following:
NR 131.10(1)(a) (a) The prospecting site is unsuitable for prospecting.
NR 131.10(1)(b) (b) The prospecting site is unsuitable for surface mining absent a certification not to surface mine.
NR 131.10(1)(c) (c) The prospecting plan and the reclamation plan will not comply with the minimum standards for prospecting and reclamation as provided in ss. NR 131.07 and 131.08.
NR 131.10(1)(d) (d) The applicant is in violation of ch. 293, Stats., and the provisions of this chapter.
NR 131.10(1)(e) (e) The applicant has within the previous 20 years forfeited any bond posted in accordance with prospecting or mining activities in this state, unless by mutual agreement with the state.
NR 131.10(1)(f) (f) Any officer or director of the applicant has, while employed by the applicant, the applicant's parent corporation, any of the applicant's principal shareholders, or any of the applicant's subsidiaries or affiliates, in which the applicant owns more than a 40% interest, within the previous 20 years forfeited any bond posted in accordance with prospecting or mining activities in this state unless by mutual agreement with the state.
NR 131.10(1)(g) (g) The proposed prospecting operation may reasonably be expected to create any of the following situations:
NR 131.10(1)(g)1. 1. Landslides or substantial deposition from the proposed operation in stream or lake beds which cannot be feasibly prevented.
NR 131.10(1)(g)2. 2. Significant surface subsidence which cannot be reclaimed because of the geologic characteristics present at the proposed site.
NR 131.10(1)(g)3. 3. Hazards resulting in irreparable damage to any of the following, which cannot be prevented under the requirements of ch. 293, Stats., avoided to the extent applicable by removal from the area of hazard or mitigated by purchase or by obtaining the consent of the owner:
NR 131.10(1)(g)3.a. a. Dwelling houses.
NR 131.10(1)(g)3.b. b. Public buildings.
NR 131.10(1)(g)3.c. c. Schools.
NR 131.10(1)(g)3.d. d. Churches.
NR 131.10(1)(g)3.e. e. Cemeteries.
NR 131.10(1)(g)3.f. f. Commercial or institutional buildings.
NR 131.10(1)(g)3.g. g. Public roads.
NR 131.10(1)(g)3.h. h. Other public property designated by the department.
NR 131.10(1)(g)4. 4. Irreparable environmental damage to lake or stream bodies despite adherence to the requirements of ch. 293, Stats. This subdivision does not apply to an activity which the department has authorized pursuant to statute, except that the destruction or filling in of a lake bed shall be authorized notwithstanding any other provision of the law.
NR 131.10(2) (2) If an application for a prospecting permit is denied, the department, within 30 days from date of application denial, shall furnish the operator in writing the reasons for the denial.
NR 131.10 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82; corrections in (1) (d), (g) 3., 4. made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663.
NR 131.11 NR 131.11 Monitoring.
NR 131.11(1)(1) The operator shall monitor the prospecting site in accordance with the monitoring plan contained in the prospecting permit. The department may require the operator to perform additional monitoring of environmental changes during the course of the permitted activity and for such additional periods of time as is necessary to satisfactorily complete reclamation.
NR 131.11(2) (2) The department may monitor environmental changes concurrently with the operator as stated in sub. (1) and for an additional period of time after the full bond is released pursuant to s. 293.63 (5), Stats.
NR 131.11(3)(a)(a) Baseline data and monitoring data including the monitoring plan shall be reviewed at the time of annual permit review, or at such time as the operator requests any modification of the prospecting permit or reclamation plan.
NR 131.11(3)(b) (b) Baseline data and monitoring data shall be considered by the department in all enforcement actions including issuance of a stop order to an operator, requiring an immediate cessation of prospecting, in whole or in part, at any time that the department determines that there exists an immediate substantial threat to public health and safety or the environment.
NR 131.11(3)(c) (c) If the analyses of samples indicate that the quality of the groundwater is statistically significantly different from either baseline or background the owner shall notify the department immediately.
NR 131.11(4) (4) Any request for modification of the monitoring plan contained in the prospecting permit shall comply with the procedures in s. NR 131.12.
NR 131.11(5) (5) Bacteriological analyses of water samples, and all radiological analyses, shall be performed by the state laboratory of hygiene or at a laboratory certified or approved by the department of health and social services. Other laboratory test results submitted to the department under this chapter shall be performed by a laboratory certified or registered under ch. NR 149. The following tests are excluded from this requirement:
NR 131.11(5)(a) (a) Physical testing of soil,
NR 131.11(5)(b) (b) Air quality tests,
NR 131.11(5)(d) (d) Chlorine residual,
NR 131.11(5)(e) (e) Temperature.
NR 131.11 Note Note: The requirement in this section to submit data from a certified or registered laboratory is effective on August 28, 1986.
NR 131.11 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82; cr. (5) Register, April, 1986, No. 363, eff. 8-28-86; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663.
NR 131.12 NR 131.12 Permit review and modification.
NR 131.12(1) (1) Eighteen months after the issuance of a prospecting permit and annually thereafter until prospecting ceases, the department shall review the operator's prospecting permit, reclamation plan and bond to ascertain adequacy, compliance with state or federal laws enacted after the issuance of the permit and technological currency.
NR 131.12(2) (2) If the department after review determines that the plan should be modified or the bond amount changed, the department shall notify the permit holder of the necessary modifications or changes. If the permit holder does not request a hearing within 30 days, the modification or changes shall be deemed accepted.
NR 131.12(3)(a)(a) If the permit holder desires to modify the permit, an amended application shall be submitted to the department on forms provided by the department. If the proposed amendment substantially changes the scope of the original prospecting proposal, the department shall process the amended application in the same manner as an original application for a prospecting permit.
NR 131.12(3)(b) (b) If the amended application is to cancel any or all of a prospecting site where no prospecting has taken place, the department shall order the release of the bond or security or portions thereof posted on the land being removed from the permitted prospecting site and cancel or amend the operator's prospecting permit.
NR 131.12 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82.
NR 131.13 NR 131.13 Certificates of completion and bond release.
NR 131.13(1)(1) Not less than 2 years after notification to the department of completion of the reclamation plan, the operator may petition the department to reduce the amount of the bond. After public hearing conducted pursuant to s. 293.43, Stats., the department shall issue a certificate of completion provided the operator has fulfilled its duties under the reclamation plan.
NR 131.13(2) (2) Upon issuance of a certificate of completion, the department shall reduce the amount of the bond or security to an amount equal to the estimated cost of reclamation of the portion of the prospecting site for which a certificate of completion has not been issued.
NR 131.13(3) (3) Upon issuance of a certificate or certificates of completion of reclamation for the entire prospecting site, the department shall require the operator to maintain a bond equal to at least 10% of the cost to the state of reclaiming the entire prospecting site.
NR 131.13(4) (4) After 5 years after issuance of the latest certificate or certificates of completion for the entire prospecting site, the department shall release the bond or security if the department determines that the operator has complied with the reclamation plan.
NR 131.13(5) (5) The operator shall reclaim the prospecting site, provided the operator has not submitted an application to the department for a mining permit which includes the unreclaimed prospecting site or portions thereof which are not included in the mining permit application in accordance with the reclamation plan within 5 years after the issuance of the prospecting permit. If the prospecting site is not reclaimed within the 5 year period, the operator shall forfeit the reclamation bond and the department shall reclaim the prospecting site.
NR 131.13 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663.
NR 131.14 NR 131.14 Inspections.
NR 131.14(1)(1) Any duly authorized officer, employee or representative of the department may enter and inspect any property, premises or place on or at a prospecting site at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and ch. 293, Stats.
NR 131.14(2) (2) No operator may refuse entry or access to any authorized representative of the department who requests entry for purposes of inspection and who presents appropriate credentials.
NR 131.14(3) (3) No person may obstruct, hamper or interfere with any such inspection.
NR 131.14 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663.
NR 131.15 NR 131.15 Confidentiality.
NR 131.15(1)(1) Except as provided under sub. (2), prospecting data are public records subject to s. 19.21, Stats.
NR 131.15(2) (2)Confidential prospecting data.
NR 131.15(2)(a)(a) An applicant for a prospecting permit may request confidential status for any prospecting data.
NR 131.15(2)(b) (b) The department shall grant confidential status to prospecting data if the applicant makes a request and if the prospecting data relates to economic information or geologic information or is entitled to confidential status as determined pursuant to s. NR 2.19.
NR 131.15 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82.
NR 131.16 NR 131.16 Enforcement.
NR 131.16(1)(a) (a) The department shall hold a public hearing related to alleged or potential environmental pollution upon the verified complaint of 6 or more citizens filed with the department. The complaint shall state the name and address of a person within the state authorized to receive service of answer and other papers in behalf of complainants.
NR 131.16(1)(b) (b) The department may order the complainants to file security for costs in a sum deemed to be adequate but not to exceed $100 within 20 days after the service upon them of a copy of such order and all proceedings on the part of such complainants shall be stayed until security is filed.
NR 131.16(1)(c) (c) The department shall serve a copy of the complaint and notice of the hearing upon the alleged or potential polluter either personally or by registered mail directed to his or her last known post office address at least 20 days prior to the time set for the hearing which shall be held not later than 90 days from the filing of the complaint.
NR 131.16(1)(d) (d) The respondent shall file his or her verified answer to the complaint with the department and serve a copy on the person so designated by the complainants not later than 5 days prior to the date set for the hearing, unless the time for answering is extended by the department for cause shown.
NR 131.16(1)(e) (e) For purposes of any hearing under this chapter, the secretary may issue subpoenas and administer oaths.
NR 131.16(1)(f) (f) Within 90 days after the closing of the hearing, the department shall make and file its findings of fact, conclusions of law and order, which shall be subject to review under ch. 227, Stats. If the department determines that any complaint has been filed maliciously or in bad faith it shall so find, and the person complained against shall be entitled to recover his or her expenses on the hearing in civil action.
NR 131.16(1)(g) (g) Any situation, project or activity which upon continuance or implementation would cause, beyond reasonable doubt, a degree of pollution that normally would require a clean-up action if it already existed, shall be considered potential environmental pollution.
NR 131.16(2)(a)(a) The department may issue a stop order to an operator, requiring an immediate cessation of prospecting, in whole or in part, at any time that the department determines that there exists an immediate and substantial threat to public health and safety or the environment.
NR 131.16(2)(b) (b) The department shall schedule a hearing on the stop order, to be held within 5 days of issuance of the order, and shall incorporate notice of the hearing in the copy of the order served upon the operator. Notice shall also be given to any other persons who have previously requested notice of such proceedings.
NR 131.16(2)(c) (c) Within 72 hours after commencement of the hearing, unless waived by agreement of the parties, the department shall issue a decision affirming, modifying or setting aside the stop order. The department may apply to the circuit court for an order extending the time, for not more than 10 days, within which the stop order must be affirmed, modified or set aside.
NR 131.16(2)(d) (d) The department shall set aside the stop order at any time, with adequate notice to the parties, upon a showing by the operator that the conditions upon which the order was based no longer exist.
NR 131.16 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82.
NR 131.17 NR 131.17 Minimum design and operation requirements. In addition to all other requirements of this chapter, no person shall construct, establish, operate or maintain a prospecting site except in conformance with the conditions attached to approval of the prospecting permit at the s. 293.43, Stats., hearing and the following requirements:
NR 131.17(1) (1) To the extent practicable, and consistent with protection of the environment and requirements of necessary department approvals:
NR 131.17(1)(a) (a) Site elements should be placed where least observable from off the premises in any season.
NR 131.17(1)(b) (b) Site elements should be placed within the area of the overall site which is most visually compatible in respect to building shape.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.