NR 135.47(3)(h)(h) The method of and accuracy in determining the amount of the financial assurance obtained from the operator to guarantee reclamation performance.

NR 135.47(3)(k)(k) The method of determining the success of reclamation in meeting the criteria contained in the reclamation plan and subsequently releasing the financial assurance pursuant to s. NR 135.40 (7).

NR 135.47(3)(L)(L) Any changes in local regulations, ordinances, funding and staffing mechanisms or any other factor which might affect the ability of the regulatory authority to implement its nonmetallic mining reclamation program.

NR 135.47(3)(m)(m) The amount of fees collected in comparison to the amount of money actually expended for nonmetallic mining reclamation program administration.

NR 135.47(4)(4) The department shall issue a written determination to the audited regulatory authority not less than every 10 years within 90 days of its audit, of whether or not the reclamation program administered by the regulatory authority is in compliance with the provisions of this chapter.

NR 135.47(5)(5) If the department finds and states, within 90 days of its audit, in its written determination that the regulatory authority is not in compliance with this chapter, the department shall give the regulatory authority adequate opportunity to correct deficiencies and respond to the department’s comments.

NR 135.47(6)(6) Following a preliminary determination that a nonmetallic mining reclamation program administered by a county or municipal government regulatory authority is not achieving compliance with this chapter, the department shall consult with the nonmetallic mining advisory committee.

NR 135.47 HistoryHistory: Cr. Register, September, 2000, No. 537, eff. 12-1-00; CR 06-024: am. (3) (a) and (6) Register November 2006 No. 611, eff. 12-1-06.

NR 135.48NR 135.48 Noncompliance hearing. If, as a result of adoption of an ordinance or an audit pursuant to s. NR 135.47, the department determines that a regulatory authority is not in compliance with this chapter and has not corrected deficiencies after written notice, the department may schedule a hearing regarding whether the regulatory authority shall continue administering its nonmetallic mining reclamation program. The department shall provide 30 days’ notice to the regulatory authority prior to conducting the hearing. The hearing shall be held within the jurisdiction of the regulatory authority. The department shall issue a written decision of its conclusion as soon as practicable after the hearing.

NR 135.49NR 135.49 Municipal noncompliance, consequences.

NR 135.49(1)(1) If, as a result of a noncompliance hearing held pursuant to s. NR 135.48, the department issues a written decision finding a municipality is out of compliance with this chapter, the municipality’s authority to administer its nonmetallic mining reclamation program shall be revoked. In this case, the applicable reclamation ordinance of the county in which the municipality is located shall apply in the municipality.

NR 135.49(2)(2) A municipality whose authority has been revoked may apply to the department to resume administration of its applicable reclamation ordinance and nonmetallic mining reclamation program after 3 years have elapsed since revocation. The department, after hearing, may approve the municipality’s request to resume administering its nonmetallic mining reclamation program if it finds that the municipality demonstrates the capacity to comply with this chapter.

NR 135.50NR 135.50 County noncompliance, consequences.

NR 135.50(1)(1) If as a result of a noncompliance hearing held pursuant to s. NR 135.48, the department issues a written decision finding a county is out of compliance with this chapter, the department shall, as soon as practicable after the hearing, assume responsibility for the administration of the nonmetallic mining reclamation ordinance and program in that county, including collection of fees and review and approval of reclamation plans and permit applications.

NR 135.50(2)(2) Municipalities that are approved to administer an applicable reclamation ordinance and program may continue to do so after the department begins to administer a nonmetallic mining program pursuant to this section. However, no municipality may enact for the first time an applicable reclamation ordinance during the time that the department administers the program in the county in which the municipality is located.

NR 135.50(3)(3) The county found to be in noncompliance may apply to the department, at any time to resume administration of the nonmetallic mining reclamation program. The department, after hearing, may approve the county’s request to resume administering its nonmetallic mining reclamation program if it finds that the county demonstrates the capacity to comply with this chapter.

NR 135.51NR 135.51 Nonmetallic mining advisory committee.

NR 135.51(1)(1) The department shall appoint a nonmetallic mining advisory committee to advise it on the administration of this chapter and ch. 295, subch. I, Stats.

NR 135.51(2)(2) The nonmetallic mining advisory committee shall consist of 9 members appointed for terms not exceeding 3 years. Members shall represent economic, scientific and cultural viewpoints and shall include a representative from businesses that extract nonmetallic minerals, a representative from a business that uses nonmetallic minerals for road building and other purposes and a representative of an organization of persons who administer county zoning ordinances. The nonmetallic mining advisory committee shall meet at least annually.