NR 132.10(1)(j)3.a. a. Dwelling houses.
NR 132.10(1)(j)3.b. b. Public buildings.
NR 132.10(1)(j)3.c. c. Schools.
NR 132.10(1)(j)3.d. d. Churches.
NR 132.10(1)(j)3.e. e. Cemeteries.
NR 132.10(1)(j)3.f. f. Commercial or institutional buildings.
NR 132.10(1)(j)3.g. g. Public roads.
NR 132.10(1)(j)3.h. h. Other public property designated by the department.
NR 132.10(1)(j)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 not be authorized notwithstanding any other provision of law.
NR 132.10(2) (2) If an application for a mining permit is denied, the department within 90 days of completion of the hearing record shall furnish the operator findings of fact, conclusions of law and order setting forth the reasons for denial.
NR 132.10 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82; corrections in (1) (a), (g), (j) 3. and 4. made under s. 13.93 (2m) (b) 7., Stats., Register, January, 2000, No. 529.
NR 132.11 NR 132.11 Monitoring.
NR 132.11(1)(1) The operator shall monitor the mining site in accordance with the monitoring plan contained in the mining 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 132.11(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, Stats.
NR 132.11(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 mining permit or reclamation plan.
NR 132.11(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 mining, 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 132.11(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 132.11(4) (4) Any request for modification of the monitoring plan contained in the mining permit shall comply with the procedures in s. NR 131.12.
NR 132.11(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 132.11(5)(a) (a) Physical testing of soil,
NR 132.11(5)(b) (b) Air quality tests,
NR 132.11(5)(d) (d) Chlorine residual,
NR 132.11(5)(e) (e) Temperature.
NR 132.11 Note Note: The requirement in this section to submit data from a certified or registered laboratory is effective on August 28, 1986.
NR 132.11 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82; cr. (5), Register, April, 1986, No. 364, eff. 8-28-86; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 2000, No. 529.
NR 132.12 NR 132.12 Permit review and modification.
NR 132.12(1) (1) The department shall review the mining and reclamation plans annually after the date of the mining permit issuance or a review as provided in s. NR 132.11 (2).
NR 132.12(2) (2) If the department finds that because of changing conditions, including but not limited to changes in reclamation costs, reclamation technology, minimum standards in s. 293.13 (2) (c), Stats., or government land use plans, the reclamation plan for a mining site is no longer sufficient to reasonably provide for reclamation of the mining site consistent with ch. 293, Stats., and the provisions of this chapter, the department shall require the applicant to submit amended mining and reclamation plans which shall be processed in the same manner as an application for an original mining permit. The applicant shall be deemed to hold a temporary mining permit which shall be effective until the amended mining permit is issued or denied.
NR 132.12(3)(a)(a) If an operator desires to amend or cancel a permit, mining plan or reclamation plan, an amended application shall be submitted to the department on forms provided by the department. An application for an increase or decrease in the area of a mining site or for a change in the mining or reclamation plans shall be processed in the same manner as an original application for a mining permit. If 5 or more interested persons do not request a hearing in writing within 30 days of notice under s. 293.43 (3), Stats., no hearing need be held on the modification.
NR 132.12(3)(b) (b) If the amended application is to cancel any or all of a mining site where no mining 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 mining site and cancel or amend the operator's written authorization to conduct mining on the mining site.
NR 132.12 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82; corrections in (2) and (3) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 2000, No. 529.
NR 132.13 NR 132.13 Certificates of completion and bond release.
NR 132.13(1)(1) Not less that 4 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 132.13(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 mining site for which a certificate of completion has not been issued.
NR 132.13(3) (3) Upon issuance of a certificate or certificates of completion of reclamation for the entire mining 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 mining site if mining of the site was wholly underground or at least 20% of the cost to the state of reclamation of the entire mining site if any surface mining was conducted.
NR 132.13(4) (4) After 20 years after issuance of the latest certificate or certificates of completion for the mining site, the department shall release the bond or security if the department determines that the operator has complied with the reclamation plan.
NR 132.13 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 2000, No. 529; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register August 2011 No. 668.
NR 132.14 NR 132.14 Inspections.
NR 132.14(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 mining site at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and ch. 293, Stats.
NR 132.14(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 132.14(3) (3) No person may obstruct, hamper or interfere with any such inspection.
NR 132.14 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 2000, No. 529.
NR 132.15 NR 132.15 Confidentiality. All data submitted by an applicant for a mining permit as an operator shall be considered a public record unless confidential status is granted to such data pursuant to s. NR 2.19.
NR 132.15 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82.
NR 132.16 NR 132.16 Enforcement.
NR 132.16(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 132.16(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 132.16(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 132.16(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 132.16(1)(e) (e) For purposes of any hearing under this chapter, the secretary may issue subpoenas and administer oaths.
NR 132.16(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 132.16(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 132.16(2)(a)(a) The department may issue a stop order to an operator, requiring an immediate cessation of mining, 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 132.16(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 132.16(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 132.16(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 132.16 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82.
NR 132.17 NR 132.17 Minimum design and operation requirements. In addition to all other requirements of this chapter, no person shall construct, establish, operate or maintain a mine site except in conformance with the conditions attached to approval of the mining permit at the s. 293.43, Stats., hearing and the following requirements:
NR 132.17(1) (1) To the extent practicable, and consistent with protection of the environment and requirements of necessary department approvals:
NR 132.17(1)(a) (a) Site elements should be placed where least observable from off the premises in any season.
NR 132.17(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 132.17(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 132.17(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 132.17(2) (2) Effective means shall be taken to limit access to the site so as to minimize exposure of the public to hazards.
NR 132.17(3) (3) Mine-mill chemicals and processing reagent wastes shall be governed as followed:
NR 132.17(3)(a) (a) Reagents shall not be used in a manner that will result in any substantial harm to public health and safety or to the environment.
NR 132.17(3)(b) (b) Any considerations of whether substantial harm to public health and safety or to the environment will occur shall consider the total effect of the proposed reagents on the receiving watercourse. Reagent characteristics to investigate include chemical oxygen demand, biochemical oxygen demand, biodegradability, effects on local aquatic life (plant and animal), and effects on the total dissolved solids concentration and hardness of the receiving stream.
NR 132.17(3)(c) (c) Reagents that consist of or contain water soluble salts or metals shall not be used if their use results in a discharge to the waters of the state not in compliance with chs. 281 and 283, Stats.
NR 132.17(3)(d) (d) Adequate treatment as required pursuant to chs. 281 and 283, Stats., shall be provided for reagents which are biological nutrients so as not to result in excessive eutrophication of aquatic ecosystems.
NR 132.17(3)(e) (e) Reagents shall not be used or stored on the mine site if they are not approved in the plan of operation pursuant to s. NR 182.09 or the mining plan pursuant to s. NR 132.07, except for reagents for laboratory or testing, research or experimental purposes.
NR 132.17(4) (4) Every reasonable effort should be made to reduce and control the production of contaminated water.
NR 132.17(5) (5) 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 132.17(6) (6) Contaminated nonpoint source runoff from disturbed areas within the mining site should be collected and treated in a manner which facilitates monitoring, maximum practicable recycling reuse and consumption within the mining 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 132.17(7) (7) Provisions for critical back-up equipment in the event of operation equipment breakdown shall be made.
NR 132.17(8) (8) Design and operation specifications for mine site facilities should include contingencies for emergency conditions. Such contingencies may include emergency power supplies, equipment redundancies or temporary holding facilities.
NR 132.17(9) (9) Any mine 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 132.17(10) (10) 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 mine sites.
NR 132.17(11) (11) Mine site facilities should be designed to minimize surface area disturbance.
NR 132.17(12) (12) Where practicable, elevation differences in water-based transport systems should be utilized for gravity flows to minimize pumping facilities and pressures.
NR 132.17(13) (13) Tailings transport systems, if not buried, should be designed to provide for emergency tailings conveyance or storage should a pipeline break, plug, freeze or require repairs and be made accessible for inspection, emergency repair and maintenance. Location of emergency spill areas must be consistent with the prevention of environmental pollution of surface waters and with the standards of s. 132.19. In the event of a power failure, tailing pipelines should be self draining to the tailings area or to an emergency spill area or standby pumps and pipelines or standby power should be provided. In some cases (e.g., a long pipeline over rough country), several spill areas may have to be provided.
NR 132.17(14) (14) If practicable, all liquid effluents from a mine 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 132.17(15) (15) In general, sanitary wastes should not be directed to a mill tailings control area without appropriate treatment.
NR 132.17(16) (16) With the exception of subs. (2) through (5), (10) and (15), the provisions of this section shall not apply to a mining operation in existence on May 21, 1978 and for which a mining permit application approved by the department was on file on the date these rules became effective, except to the extent there is a change in the mining operation requiring a modification of the mining permit under these rules.
NR 132.17 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82; corrections in (intro.), (3) (c) and (d) and (6) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 2000, No. 529; 2017 Wis. Act 134: am. (13) Register January 2018 No. 745, eff. 7-1-18.
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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.