NR 130.204(2)(b)2.
2. If the license of the surety company for a bond submitted under this paragraph is revoked or suspended, the person who filed the bulk sampling plan, within 30 days after receiving written notice from the department, shall deliver a replacement bond. If the person fails to submit a replacement bond, the person may not engage in bulk sampling until the person submits a satisfactory replacement bond. Revocation or suspension of a surety's license does not relieve the bulk sampling licensee from any financial obligation to stabilize and revegetate the bulk sampling site in accordance with the approved bulk sampling plan.
NR 130.204(2)(b)3.
3. The department may require that the amount of the bond submitted under this paragraph be increased at any time if the department determines that it is unlikely that the bond would be adequate to fund the cost to this state of completing the revegetation plan.
NR 130.204(3)
(3) Within 5 business days after receipt of a bulk sampling license application under sub.
(2) the department shall publish a public notice on the department's internet site describing the proposed bulk sampling activity and the availability of the bulk sampling license application. The department shall also send the public notice to the following:
NR 130.204(3)(a)
(a) The clerk of any city, village, town, or county within whose boundaries any portion of the proposed bulk sampling activity is located.
NR 130.204(3)(b)
(b) The clerk of any city, village, or town, contiguous to any city, village, or town within whose boundaries any portion of the proposed bulk sampling site is located.
NR 130.204(3)(c)
(c) The historic preservation officer of any federally recognized Indian tribes in the state.
NR 130.204(4)
(4) Within 21 days of receipt of a bulk sampling plan and license application, the department shall notify the applicant, in writing, whether the license application and bulk sampling plan are complete and, if they are not complete, the department shall identify any additional information that must be submitted.
NR 130.204(5)(a)
(a) Within 14 days of receipt of a complete bulk sampling license application and bulk sampling plan under sub.
(2), the department shall identify for the applicant, in writing, all approvals, in addition to the bulk sampling license, that are required before the bulk sampling may be implemented, including all of the following:
NR 130.204(5)(a)1.
1. Any waivers, exemptions, or exceptions to those approvals that are potentially available.
NR 130.204(5)(a)2.
2. Any supplemental information that the department needs to issue the bulk sampling license and other approvals or to issue a decision on any waiver, exemption, or exception.
NR 130.204(5)(b)
(b) If the bulk sampling license is the only department approval required, within 14 days of receipt of a complete bulk sampling license application and bulk sampling plan under sub.
(2), the department shall notify the applicant that no
other approvals are required and issue a bulk sampling license to the applicant in accordance with s.
NR 130.205, or deny the license, stating the reasons for denial.
NR 130.204(5)(d)
(d) If it is necessary for an applicant to revise the bulk sampling plan as a result of requirements imposed under any of the approvals identified under par.
(a), the revised plan shall be reviewed as provided in sub.
(4) and this subsection.
NR 130.204 History
History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (3) (intro.) made under s. 35.17, Stats., and correction in (5) (d) made under s. 13.92 (4) (b) 7., Stats., Register December 2021 No. 792. NR 130.205
130.205
Bulk sampling license issuance and modification. NR 130.205(1)(1)
The department shall issue a bulk sampling license if it finds the bulk sampling plan reasonably ensures all of the following:
NR 130.205(1)(a)
(a) The proposed bulk sampling will be conducted in compliance with the minimum standards specified in s.
293.13 (2) (b), Stats., and this subchapter.
NR 130.205(2)
(2) The department may, if needed, include conditions in the bulk sampling license to ensure compliance with applicable standards under sub.
(1) (a) and
(b).
NR 130.205(3)
(3) A license issued under this section applies solely to activities described in a specific bulk sampling plan submitted under s.
NR 130.204 (2) (a) and relating to a specific potential mining site.
NR 130.205(4)
(4) The department may not issue the bulk sampling license until all approvals required by the department to engage in bulk sampling and identified under s.
NR 130.204 (5) (a) have been issued.
NR 130.205(5)
(5) If the licensee intends to modify the bulk sampling activity to include new or increased areas of disturbance on the same potential mining site, the licensee shall submit a new bulk sampling plan or a revised bulk sampling plan to the department. The department shall process any revised bulk sampling plan in the same manner as an original bulk sampling plan and license application under s.
NR 130.204. The department may approve minor changes to the approved bulk sampling activity that do not result in increased area of surface disturbance or disturbance of areas not described in the bulk sampling plan and do not result in significant additional environmental impacts, without requiring submittal of a new or revised bulk sampling plans.
NR 130.205(6)
(6) A bulk sampling license or a modification to an approved bulk sampling plan and license is issued by the department upon mailing and is final and effective upon issuance.
NR 130.205 History
History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22. NR 130.206
130.206
Bulk sampling site reclamation and bond release. One year after the licensee completes the bulk sampling and site stabilization and revegetation set forth in the bulk sampling plan, the department shall release the bond submitted by the licensee under s.
NR 130.204 (2) (b) and terminate the bulk sampling license if the department determines that the licensee has complied with this subchapter and other approvals related to the bulk sampling.
NR 130.206 History
History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22. NR 130.207
130.207
Bulk sampling site inspections. NR 130.207(1)(1)
Subject to applicable state and federal safety rules and regulations, any authorized officer, employee, or representative of the department may enter and inspect any property, premises, or place on or at which any bulk sampling is proposed, is being conducted or has been completed at any reasonable time for the purpose of ascertaining the state of compliance with this subchapter and ch.
293, Stats.
NR 130.207(2)
(2) No person 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 130.207(3)
(3) No person may obstruct, hamper, or interfere with any inspection under this section.
NR 130.207 History
History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22. NR 130.208
130.208
Bulk sampling license revocation or suspension. NR 130.208(1)(1)
If the department has reason to believe that a licensee has violated any statute or rule pertaining to the bulk sampling activity authorized under a bulk sampling license or has violated a term or condition of the license issued under this subchapter or has failed to increase bond amounts to adequate levels as specified by the department, the department may, after holding a hearing, suspend or revoke the bulk sampling license.
NR 130.208(2)
(2) Prior to revocation or suspension of a license, the department shall do all of the following:
NR 130.208(2)(a)
(a) Give written notice, by mail, to the licensee of the facts or conduct which warrant the intended action and provide the licensee with an opportunity to show compliance with all requirements for retention of the license.
NR 130.208(2)(b)
(b) Conduct a hearing within 30 days of the written notice provided under par.
(a), unless, prior to the hearing date the licensee provides sufficient evidence of compliance with all requirements for retention of the license.
NR 130.208(2m)
(2m) Following the hearing, if the department determines a licensee has violated any statute or rule pertaining to the bulk sampling activity authorized under a bulk sampling license or has violated a term or condition of the license issued under this subchapter or has failed to increase bond amounts, the department may suspend or revoke the license.
NR 130.208(3)
(3) A decision by the department to suspend or revoke a license is subject to judicial review under ss.
227.52 and
227.53, Stats.
NR 130.208(4)
(4) In addition to the actions under subs.
(1) to
(2m), the department may take additional enforcement actions as specified under s.
293.87, Stats., if the person conducting bulk sampling does not conduct bulk sampling in compliance with this chapter and ch.
293, Stats.
NR 130.208 History
History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; change in numbering of (2m) made under s. 13.92 (4) (b) 1., Stats., and correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2021 No. 792.
