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 131.17Minimum 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.
NR 131.17(1)(c) (c) Site elements should be painted and maintained in a manner which is visually compatible with the associated vegetational and earth conditions.
NR 131.17(1)(d) (d) Site elements which cannot be visually mitigated using the techniques in pars. (b) and (c) should be made as visually inconspicuous as is practical.
NR 131.17(2) (2) Effective means shall be taken to limit access to the site so as to minimize exposure of the public to hazards.
NR 131.17(3) (3) Every reasonable effort should be made to reduce and control the production of contaminated water.
NR 131.17(4) (4) Contaminated water, including liquid effluents, from whatever source associated with the project should be collected, stored, recycled or treated to the maximum extent practicable.
NR 131.17(5) (5) Contaminated nonpoint source runoff from disturbed areas within the prospecting site should be collected and treated in a manner which facilitates monitoring, maximum practicable recycling reuse and consumption within the prospecting operation. Nonpoint sources of water pollution should be minimized to the extent practicable. Also to the extent practicable, the frequency and need for point source discharges of waste water to surface waters of the state shall be regulated pursuant to ch. 283, Stats.
NR 131.17(6) (6) Provisions for critical back-up equipment in the event of operation equipment breakdown shall be made.
NR 131.17(7) (7) Design and operation specifications for prospecting site facilities should include contingencies for emergency conditions. Such contingencies may include emergency power supplies, equipment redundancies or temporary holding facilities.
NR 131.17(8) (8) Any prospecting site permitted pursuant to this chapter shall be designed, constructed, maintained, operated and reclaimed in such a manner so as to protect groundwater quality and quantity in accordance with the standards of ch. NR 182.
NR 131.17(9) (9) Waste containing potentially harmful concentrations of acid generating material should not be used for purposes such as the construction of parking lots or roads in prospecting sites.
NR 131.17(10) (10) Prospecting site facilities should be designed to minimize surface area disturbance.
NR 131.17(11) (11) Where practicable, elevation differences in water-based transport systems should be utilized for gravity flows to minimize pumping facilities and pressures.
NR 131.17(12) (12) If practicable, all liquid effluents from a prospecting waste facility should be directed to a common point (for treatment if necessary) before discharge to a natural watercourse. If practicable, treated wastes should not be directed to more than one watershed.
NR 131.17 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82; corrections in (intro.), (5) made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663.
NR 131.18 NR 131.18Location criteria and environmental standards.
NR 131.18(1)(1) To the extent practicable no person shall establish, construct, operate or maintain the use of property for any prospecting related buildings, roads, ponds, or other construction within the following areas, except pursuant to an exemption granted under s. NR 131.19:
NR 131.18(1)(a) (a) Within areas identified as unsuitable, in s. NR 131.03 (22).
NR 131.18(1)(b) (b) Within 1,000 feet of any navigable lake, pond or flowage.
NR 131.18(1)(c) (c) Within 300 feet of a navigable river or stream.
NR 131.18(1)(d) (d) Within a floodplain.
NR 131.18(1)(e) (e) Within 1,000 feet of the nearest edge of the right-of-way of any of the following: any state trunk highway, interstate or federal primary highway; the boundary of a state public park; the boundary of a scenic easement purchased by the department or the department of transportation; the boundary of a designated scenic or wild river; a scenic overlook designated by the department by rule; or a bike or hiking trail designated by the United States congress or the state legislature; unless, regardless of season, the site is visually inconspicuous due to screening or being visually absorbed due to natural objects, compatible natural plantings, earth berm or other appropriate means, or unless, regardless of season, the site is screened so as to be as aesthetically pleasing and inconspicuous as is feasible.
NR 131.18(1)(f) (f) Within wetlands, except pursuant to the criteria established in s. NR 131.06 (4).
NR 131.18(1)(g) (g) Within areas so that noncompliance will result with other applicable federal and state laws and regulations.
NR 131.18 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82.
NR 131.19 NR 131.19Exemptions.
NR 131.19(1) (1) The department may grant exemptions from the requirements of this chapter, if such exemptions are consistent with the purposes of this chapter and will not violate any applicable federal or state environmental law or rule.
NR 131.19(2)(a)(a) All requests for exemptions by the applicant shall be made at least 90 days before the hearing under s. 293.43, Stats., unless the condition which is the basis for the requested exemption is unknown to the applicant prior to that time or for good cause shown.
NR 131.19(2)(b) (b) If an applicant applies for an exemption less than 90 days before the hearing, the portion of the hearing concerning that exemption request shall be held no earlier than 90 days after receipt of the application for the exemption.
NR 131.19(2)(c) (c) Requests for exemptions may be made by any party to the hearing other than the applicant up to 30 days before the hearing. Any request for exemption made prior to the hearing shall be determined as part of that proceeding.
NR 131.19(3) (3) The burden of proof for seeking an exemption is upon the person seeking it.
NR 131.19(4) (4) Any party to the hearing may request more stringent standards or requirements for any provision of this chapter.
NR 131.19(5) (5) Any application for an exemption made after the hearing shall be determined by the following procedure:
NR 131.19(5)(a) (a) The application shall be in writing and shall include documentation justifying the need for the exemption, describing the alternatives and explaining why the exemption was not sought before the hearing.
NR 131.19(5)(b) (b) If the application does not involve an exemption from a requirement of this chapter, the department shall issue a decision on the application within 15 days of receipt of the application.
NR 131.19(5)(c)1.1. If the application involves an exemption from a requirement of this chapter, within 10 days of the application the department shall publish a class 1 notice under ch. 985, Stats., in the official newspaper designated under s. 985.04 or 985.05, Stats., or, if none exists in a newspaper likely to give notice in the area of the proposed modification. The notice shall invite the submission of written comments by any person within 10 days from the time the notice is published, and shall describe the method by which a hearing may be demanded. Notice shall also be given by mail as provided in s. 293.43 (3) (b) 1., Stats.
NR 131.19(5)(c)2. 2. Within 30 days after the notice is published, a written demand for a hearing on the matter may be filed by any county, city, village, town, tribal government or by any 6 persons. The demand shall indicate the interest of the municipality or persons who file it and state the reasons why the hearing is demanded.
NR 131.19(5)(c)3. 3. A hearing demanded under this paragraph shall be held within 60 days after the deadline for demanding a hearing, and shall be conducted as a class 1 proceeding under s. 227.01 (3) (a), Stats. The hearing shall be held in an appropriate place designated by the department in one of the counties, cities, villages or towns which are substantially affected by the operation of the facility.
NR 131.19(5)(c)4. 4. Within 45 days after giving notice or within 30 days after any hearing is adjourned, whichever is later, the department shall determine whether the exemption shall be granted.
NR 131.19 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82; corrections in (2) (a), (5) (c) 1., 3. made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663.
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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.