NR 182.17(7) (7)Adjustment of financial responsibility. The owner of a facility for the land disposal of mining waste shall prepare a new long-term care cost estimate whenever a substantial change in the long-term care requirements in the approved plan of operation affects the cost of long-term care. Proof of the increase in the amount of all bonds, letters of credit, escrow accounts and trust accounts, or other approved methods established under this section shall be submitted annually to the department. The department may adjust the amount of the required proof of financial responsibility for long-term care based upon prevailing or projected interest and inflation rates and the latest cost estimates, and may annually require the owner to adjust the amount of proof of financial responsibility accordingly.
NR 182.17(8) (8)Access and default. Whenever on the basis of any reliable information, and after opportunity for a hearing, the department determines that an owner or operator of an approved mining waste facility is in violation of any of the requirements for long-term care specified in the approved plan of operation, the department and its designees shall have the right to enter upon the facility and carry out the long-term care requirements. The department may use part or all of the money deposited with it, or the money deposited in escrow or trust accounts, or performance or forfeiture bonds, or letters of credit, or funds accumulated under other approved methods to carry out the long-term care requirements.
NR 182.17(9) (9)Authorization to release funds. One year after closure, and annually thereafter for the period of owner responsibility, the owner, who has carried out all necessary long-term care during the preceding year, may make application to the department for reimbursement from an escrow account, trust account, or deposit with the department, or other approved methods, or for reduction of the bond, insurance or letter of credit equal to the estimated costs for long-term care for that year. The application shall be accompanied by an itemized list of costs incurred. Upon determination that the expenditures incurred are in accordance with the long-term care requirements anticipated in the approved plan of operation, the department may authorize in writing the release of funds or approve a reduction in the bond or letter of credit. Prior to authorizing a release of the funds or a reduction of the bond or letter of credit, the department shall determine that adequate funds exist to complete required long-term care work for the remaining period of owner responsibility. Determinations shall be made within 90 days of the application. Any funds remaining in an escrow account, trust account, or on deposit with the department at the termination of the period of owner responsibility shall be released to the owner.
NR 182.17(10) (10)Early termination.
NR 182.17(10)(a) (a) The owner of an approved mining waste facility may apply to the department for termination of its responsibility for long-term care at any time after the facility has been closed for at least 10 years. Within 30 days of the receipt of such application in writing, the department shall, using the procedures set forth in par. (b), provide notice to the public and to the owner and an opportunity for a hearing on the termination of its responsibility. In this proceeding the burden shall be on the applicant to prove by a preponderance of the evidence that additional long-term care is not necessary for adequate protection of public health or the environment.
NR 182.17(10)(b) (b) 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 facility. The notice shall invite the submission of written comments by any person within 30 days from the time the notice is published, and shall describe the method by which a hearing may be demanded under par. (c). Notice shall also be given under s. 293.43 (3) (b) 1. and 2., Stats.
NR 182.17(10)(c) (c) Within 30 days after the notice required under par. (b) 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. A hearing demanded under this paragraph shall be held within 60 days after the deadline for demanding a hearing and shall be conducted as provided in s. 227.44, 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. Notice of the hearing shall be given under s. 293.43 (3) (b) 1. and 2., Stats., except the hearing may be scheduled upon 30 days notice.
NR 182.17(10)(d) (d) Within 120 days after posting notice of the pending termination or within 60 days after any hearing is adjourned, whichever is later, the department shall determine either that long-term care of the facility is no longer required, in which case the applicant shall be relieved of such responsibility; or that additional long-term care of the facility as specified in the plan of operation is still required, in which case further application under this subsection may not be permitted until at least 5 years have elapsed since the previous application.
NR 182.17 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82; am. Register, May, 1984, No. 314, eff. 5-1-84; correction in (10) (c) made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663; correction in (3) (f) 2. made under s. 13.92 (4) (b) 7., Stats., Register December 2018 No. 756.
NR 182.18 NR 182.18 Waste management fund.
NR 182.18(1)(1)Applicability.
NR 182.18(1)(a)(a) All owners or operators of licensed mining waste disposal facilities shall pay to the department a tonnage fee, for each ton of waste received and disposed of at the facility, or a minimum waste management fund base fee of $100, whichever is greater, until the facility no longer receives waste and begins closure activities, except as otherwise provided in s. 289.62 (1) (b), Stats. The department shall deposit all tonnage and waste management base fees into the waste management fund provided for in s. 25.45, Stats.
NR 182.18(1)(b) (b) For all mining waste facilities with a plan of operation approved under s. 289.30, Stats., after May 20, 1978, the owner shall be responsible for the long-term care of the facility for 30 years after facility closure. The fees to be paid by the owner or operator into the waste management fund shall be in accordance with sub. (3) (a) or (b), whichever fee is greater.
NR 182.18(1)(c) (c) For all mining waste facilities not approved as set forth in par. (b), the fees to be paid by the owner or operator into the waste management fund shall be those indicated in sub. (3) (a) or (b), whichever fee is greater. The owner or operator of a mining waste facility in existence on May 21, 1978 may, but will not be required to, seek approval of the facility's plan of operation under s. 289.30, Stats.
NR 182.18(1)(d) (d) For those companies which have provided proof of financial responsibility by the net worth method under s. 289.41 (4) and (6), Stats., the fees to be paid by the owner or operator into the waste management fund shall be in accordance with sub. (3) (c), if applicable, or sub. (3) (b), whichever fee is greater.
NR 182.18(2) (2)Certification. The owner or operator of a licensed mining waste site facility shall certify, on a form provided by the department, the amount of waste received and disposed of during the preceding reporting period. The department shall specify the term of the reporting period on the certification form. The department shall mail the certification form to the owner or operator every January. The certification form shall be completed and returned to the department with the appropriate fee within 45 days after mailing of the form by the department to the owner or operator. An owner or operator failing to submit the waste management certification form and appropriate fees within 45 days after mailing of the form to the owner or operator shall pay a late processing fee of $50.
NR 182.18(3) (3)Fees.
NR 182.18(3)(a) (a) The mining waste tonnage fees established in s. 289.62 (2), Stats., are summarized in table 2.
Table 2
Waste Management Fund Tonnage Fee
s - See PDF for table PDF
NR 182.18(3)(b) (b) As provided in s. 289.67 (3), Stats., the owner or operator shall pay to the department a waste management fund base fee of $100 for each calendar year.
NR 182.18(3)(c) (c) The facilities described in sub. (1) (d) shall increase the tonnage fees in par. (a) by 25%.
NR 182.18(4) (4)Use of fund. Only an approved mining waste facility as defined in s. 289.01 (4), Stats., is eligible for use of the money accumulated in the waste management fund. The monies in the waste management fund shall be expended exclusively as set forth in s. 289.68 (1) to (6), Stats.
NR 182.18(5) (5)Determination of waste tonnages.
NR 182.18(5)(a)(a) Determination by owner or operator. The owner or operator shall, subject to department approval, use one of the following methods for determining the number of tons of waste received and disposed of at the mining waste facility.
NR 182.18(5)(a)1. 1. The owner or operator may use actual weight or volume records as recorded under s. NR 182.14 (1) (b) 1. b.
NR 182.18(5)(a)2. 2. The owner or operator may establish by field measurement the volume of waste disposed and convert to a weight using an assumed compaction density.
NR 182.18(5)(b) (b) Department estimates. The department may estimate by waste category the number of tons received at a mining waste facility. The department's estimate shall appear on the certification form and shall be based on the number of tons received and reported on for the previous reporting period.
NR 182.18(6) (6)Waste management fund expenditures.
NR 182.18(6)(a)(a) Payments for long-term care after termination of owner responsibility. The department shall determine the necessary maintenance requirements for the long-term care of an approved mining waste facility after the termination of the owner's responsibility. The department shall comply with s. 16.75, Stats., when applicable, for contracting services for the required long-term care maintenance of mining waste facilities.
NR 182.18(6)(b) (b) Payments of related costs. The department shall comply with s. 289.68 (4), Stats., prior to making any expenditures from the waste management fund under s. 289.41 (11) (b) 1., Stats.
NR 182.18(6)(c) (c) Other payments. The department may expend monies from the waste management fund in accordance with s. 289.68 (5) and (6), Stats.
NR 182.18 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82; am. Register, May, 1984, No. 341, eff. 5-1-84; CR 13-057: am. Table 2 Register July 2015 No. 715, eff. 8-1-15.
NR 182.19 NR 182.19 Exemptions and modifications.
NR 182.19(1)(1)The department may grant exemptions from the requirements of this chapter and modifications to any license, plan of operation, or other authority issued under this chapter as provided in s. 289.30 (6) and 289.43, Stats., if such exemptions or modifications are consistent with the purposes of this chapter and ch. NR 132 and will not violate any applicable federal or state law or regulation.
NR 182.19(2) (2)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. If an applicant applies for an exemption less than 90 days before the hearing under s. 293.43, Stats., 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. Requests for exemptions may be made by any party to the s. 293.43, Stats., hearing other than the applicant up to 30 days before the hearing. Any request for exemption made prior to the hearing under s. 293.43, Stats., shall be determined as part of that proceeding.
NR 182.19(3) (3)The burden of proof for seeking an exemption or modification is upon the person seeking it.
NR 182.19(4) (4)Any party to the hearing under s. 293.43, Stats., may request modifications and exemptions to make more stringent any provision of this chapter.
NR 182.19(5) (5)Any application for a modification made after the hearing under s. 293.43, Stats., shall be determined by the following procedure:
NR 182.19(5)(a) (a) The application shall be in writing and shall include documentation justifying the need for the exemption or modification describing the alternatives and explaining why the exemption or modification was not sought before the s. 293.43, Stats., hearing.
NR 182.19(5)(b) (b) If the application involves an exemption or a modification 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 exemption or 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. 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. 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. 227.44, 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. Within 45 days after giving notice, or within 30 days after any hearing is adjourned, whichever is later, the department shall determine whether the modification or exemption as requested shall be granted.
NR 182.19(5)(c) (c) If the application does not involve an exemption or a modification from a requirement of this chapter, the department shall issue a decision on the application within 45 days of the receipt of the application.
NR 182.19 History History: Cr. Register, August, 1982, No. 320, eff. 9-1-82.
Loading...
Loading...
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.