Chapter NR 132

NR 132.110(1)(h) (h) Within areas that will result in noncompliance with other applicable federal and state laws and regulations.

NR 132.110 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 132.111 NR 132.111 Minimum design and operation. An operator shall construct, establish, operate, and maintain a mining site in conformance with the requirements of this chapter, conditions attached to the mining permit, and all of the following requirements:

NR 132.111(1) (1) An operator shall construct a mining site to meet all of the following requirements:

NR 132.111(1)(a) (a) Place site elements where least observable from off the premises in any season.

NR 132.111(1)(b) (b) Place site elements within the area of the overall site that is most visually compatible in respect to building shape.

NR 132.111(1)(c) (c) Paint and maintain buildings and other structures in a manner that is visually compatible with the surrounding vegetational and earth conditions. If a building or other structure cannot be painted and maintained in a manner that is visually compatible or if painting and maintaining a building or other structure in a manner that is visually compatible would cause safety concerns, the building or structure shall be made as visually inconspicuous as is practicable.

NR 132.111(2) (2) An operator shall implement effective means, consistent with applicable state and federal safety-related regulations, to limit access to the site to minimize exposure of the public to hazards.

NR 132.111(3) (3) An operator shall use mine-mill chemicals and reagents on the mining site and handle materials containing residual amounts of reagents in accordance with all of the following requirements:

NR 132.111(3)(a) (a) An operator may not use reagents on the mining site in a manner that will result in any substantial harm to public health and safety or result in significant environmental pollution.

NR 132.111(3)(b) (b) An operator shall provide adequate treatment of any discharge to waters of the state that contains reagents or residuals of reagents, as required under chs. 281 and 283, Stats., and rules promulgated under those sections.

NR 132.111(3)(c) (c) An operator shall not use or store reagents on the mining site if they are not approved in the plan of operation under s. NR 182.109 or the mining plan under s. NR 132.108, except for reagents for laboratory, testing, research, or experimental purposes.

NR 132.111(3)(d) (d) An operator shall handle and store reagents and other chemicals used in the mining and milling processes on the mining site in compliance with all applicable state and federal regulations.

NR 132.111(4) (4) An operator shall handle and store flammable, combustible, or hazardous liquids, including fuel and oil products, on the mining site in compliance with applicable state and federal regulations including ch. ATCP 93 and federal spill prevention control and countermeasure regulations in 40 CFR part 112.

NR 132.111(5) (5) Reasonable effort shall be made to reduce and control the production of contaminated water.

NR 132.111(6) (6) Contaminated water, including liquid effluents, from whatever source associated with the project should be collected, stored, recycled or treated to ensure compliance with applicable water quality standards.

NR 132.111(7) (7) An operator shall collect and treat contaminated nonpoint source runoff from disturbed areas within the mining site in a manner that facilitates monitoring, maximum practicable recycling, reuse, and consumption within the mining operation. An operator shall minimize nonpoint sources of water pollution. The department shall regulate discharges of pollutants from storm water and wastewater pursuant to ch. 283, Stats.

NR 132.111(8) (8) An operator shall make provisions for critical back-up equipment in the event of operation equipment breakdown.

NR 132.111(9) (9) An operator shall include contingencies for emergency conditions in design and operation specifications for mining site facilities. Such contingencies may include emergency power supplies, equipment redundancies, or temporary holding facilities.

NR 132.111(10) (10) An operator shall design, construct, maintain, operate, and reclaim any mining site permitted under this chapter to protect groundwater quality and quantity in accordance with the requirements of ch. NR 182 and ss. 293.37 (5), 293.65, and 293.66, Stats.

NR 132.111(11) (11) An operator may not use waste containing potentially harmful concentrations of acid generating material for purposes such as construction fill material for surface facilities or the construction of parking lots or roads at a permitted mining site.

NR 132.111(12) (12) An operator shall design mining site facilities to minimize surface area disturbance unless an alternate mining site design results in less overall environmental impact.

NR 132.111(13) (13) An operator shall utilize, where practicable, elevation differences in water-based transport systems for gravity flows to minimize pumping facilities and pressures.

NR 132.111(14) (14) An operator shall design tailings transport pipelines in accordance with all of the following criteria:

NR 132.111(14)(a) (a) Design tailings pipelines, if not buried, to provide for emergency tailings conveyance or storage should a pipeline break, plug, freeze, or require repairs and make accessible for inspection, emergency repair, and maintenance.

NR 132.111(14)(b) (b) Provide adequately sized emergency spill areas near the tailings pipeline in case of power or pipeline failure. The location of emergency spill areas shall be consistent with the prevention of environmental pollution of surface waters and with the requirements of this chapter unless subject to an exemption under s. NR 132.112. In some cases, as determined by the department, such as a long pipeline over rough country, more than one spill area may be necessary.

NR 132.111(14)(c) (c) Tailings pipelines shall be self-draining to the tailings area or to an emergency spill area, or both, and provisions shall be made for availability and use of standby pumps, pipelines, and power supplies.

NR 132.111(14)(d) (d) Tailings pipelines shall be as short as practicable and pipeline routes shall be selected that result in the least overall environmental impact and avoid crossing navigable waters and passing through wetlands whenever possible. If a route which crosses a navigable waterway or passes through a wetland is unavoidable or is the route that results in the least overall environmental impact, the pipeline shall be designed and constructed in compliance with all applicable rules of the department.

NR 132.111(14)(e) (e) Tailings pipelines shall include flow monitoring and leak detection systems.

NR 132.111(15) (15) An operator shall employ best management practices to control the spread of invasive species on the mining site during construction, operation and reclamation of project facilities.

NR 132.111 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (4), (10) made under s. 35.17, Stats., Register December 2021 No. 792.

NR 132.112 NR 132.112 Exemptions and variances.

NR 132.112(1) (1) Authority to grant exemptions and variances. The department may grant an exemption or variance, as provided in this section, from any of the requirements of this chapter applicable to any of the following:

NR 132.112(1)(a) (a) A mining permit application, including the mining plan, reclamation plan, monitoring plan, mining waste site feasibility study, and mining waste site plan of operation.

NR 132.112(1)(b) (b) A mining permit.

NR 132.112(2) (2) Exemption and variance requests submitted as part of the mining permit application process.

NR 132.112(2)(a) (a) To the extent feasible, an applicant shall submit all requests for exemptions or variances under this section as part of an application for a mining permit or the mining waste site feasibility report or plan of operation and shall describe the grounds for the exemption or variance including documentation identifying the physical conditions that necessitate the exemption or variance, other reasons for the exemption or variance, discussion of any environmental impacts that will result from issuance of the exemption or variance, mitigation measures, if any, proposed to offset adverse impacts resulting from the exemption or variance, and the reasonableness of the exemption or variance.

NR 132.112(2)(b) (b) An applicant shall submit an application for an exemption or variance under this subsection no later than 60 days after the mining permit application is considered complete under s. 293.495 (1) (a) 2., Stats. The department may consider an application for an exemption or variance submitted after that time, but only if the application is received in time to allow the application to be considered at the public informational hearing for the mining permit under s. 293.43 (3m), Stats.

NR 132.112(2)(c) (c) The department shall issue a decision on a request for an exemption or variance as part of the decision on the mining permit under s. NR 132.114 and, except as provided in par. (d), the department shall grant the exemption or variance if it is consistent with the purposes of this chapter and ch. 293, Stats., will not violate any applicable state environmental law outside of this chapter and ch. 293, Stats., will not endanger public health, safety, or welfare and will not result in significant adverse environmental impacts on or off the mining site.

NR 132.112(2)(d) (d) The department shall deny a request for an exemption or variance if granting the exemption or variance will result in a violation of federal law.

NR 132.112(2)(e) (e) If federal law imposes a standard for an exemption that differs from the standard in par. (c) and that cannot be modified by state law, and if that standard has been approved by the federal government for use by the state through a delegation agreement, federally approved state implementation plan, or other program approval, then the department shall determine whether to grant the request for the exemption using the federal standard.

NR 132.112(3) (3) Exemption and variance requests submitted after permit application review period and before issuance of mining permit. If an applicant submits a request for a variance or exemption under this section more than 60 days after the mining permit application is considered complete but before the department issues or denies the mining permit, the application for an exemption or variance shall be processed following the provisions of s. 293.495 (1) (c), Stats.

NR 132.112(4) (4) Exemption and variance requests submitted after issuance of mining permit. The department shall process exemption and variance requests under this section submitted after issuance of a mining permit as a modification under s. 293.55, Stats., and s. NR 132.120.

NR 132.112(5) (5) Request for further study and analysis. The department may require the applicant submitting the request for a variance or exemption to conduct specific studies and analyses and submit additional supporting documentation, as necessary, to facilitate the review of the request by the department.

NR 132.112 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 132.113 NR 132.113 Timeline for review of mining permit application.

NR 132.113(1) (1) Subject to subs. (4) and (5), within 180 days after an applicant submits an application for a mining permit, an environmental impact report, if required, and any applications for other approvals, licenses, or permits relating to the mining operation, the department shall review the information submitted and, if necessary, provide comments to the applicant and request additional information from the applicant relating to the proposed mining project. The applicant shall provide any additional information required under this section in a manner and format prescribed by the department.

NR 132.113(2) (2) Subject to subs. (4) and (5), if the department requests additional information from an applicant under sub. (1), within 90 days after the applicant provides additional information the department shall review the information submitted and, if necessary, provide comments to the applicant and request additional information from the applicant relating to the proposed mining project.

NR 132.113(3) (3) Subject to sub. (5), if the department requests additional information from an applicant under sub. (2), within 180 days after the applicant provides additional information the department shall prepare a draft environmental impact statement, a draft mining permit, and draft approvals, licenses, or permits relating to the mining operation. If the department requests additional information from an applicant under sub. (1), but not under sub. (2), the department shall prepare these draft documents within 180 days after the expiration of the 90-day period under sub. (2). If the department does not request additional information from an applicant under sub. (1) or (2), the department shall prepare those draft documents within 180 days after the expiration of the 180-day period under sub. (1).

NR 132.113(4) (4) Subject to sub. (5), if before the expiration of the 90-day period under sub. (2) the secretary of the department determines that the applicant has made a substantial modification to the mining plan or reclamation plan that significantly changes the information necessary to prepare an environmental impact statement or adequately review an application, the department shall notify the applicant of the secretary’s determination and request additional information from the applicant. In reaching this determination, the department shall consider the extent to which the modification necessitates new data collection programs and analyses or substantive expansions or modifications of ongoing monitoring activities and analyses. Upon submission of additional information by the applicant, the timeline under this section shall begin again, starting with the period described in sub. (1). A determination by the secretary under this subsection is not subject to administrative or judicial review and may be made only once during an applicant’s permitting process.

NR 132.113(5) (5) The department and the applicant may agree to modify all or part of the timeline under this section.

NR 132.113(6) (6) The department may request additional information needed to process a mining permit application or any other application for an approval, license, or permit related to the mining operation after making requests for additional information under this section, but the department may not delay the application and review process based on another request for additional information.

NR 132.113 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 132.114 NR 132.114 Mining permit issuance.

NR 132.114(1) (1) Unless denied pursuant to s. NR 132.115 and except with respect to property specified in s. 41.41 (11), Stats., within 90 days of the completion of the record for the public hearing held under s. 293.43, Stats., the department shall issue the mining permit if it finds all of the following:

NR 132.114(1)(a) (a) The mining plan and reclamation plan are reasonably certain to result in reclamation of the mining site consistent with this chapter and ch. 293, Stats., and the mining plan and reclamation plan are approved as part of the mining permit.

NR 132.114(1)(b) (b) The proposed operation will comply with all applicable air, groundwater, surface water, and solid and hazardous waste management laws and rules implemented by the department.

NR 132.114(1)(c) (c) The technology that will be used at the proposed operation is capable of resulting in compliance with all applicable air, groundwater, surface water, and solid and hazardous waste management laws and rules of the department and is reasonably certain to result in compliance with these laws and rules at the proposed mining site.

NR 132.114(1)(d) (d) In the case of a surface mine, the site is not unsuitable for mining.

NR 132.114(1)(e) (e) The proposed mining operation will not endanger public health, safety, or welfare.

NR 132.114(1)(f) (f) The proposed mining operation will result in a net positive economic impact in the area reasonably expected to be most impacted by the activity.

NR 132.114(1)(g) (g) The proposed mining operation conforms with all applicable zoning ordinances.

NR 132.114(2) (2) The department shall make an approval or denial in findings of fact, conclusions of law, and an order setting forth reasons with clarity and in detail. The department may modify or conditionally approve the operator’s proposed mining or reclamation plans in order to meet the requirements of this chapter, and, as modified or conditioned, grant its approval.

NR 132.114(3) (3) Except as otherwise provided in ss. 293.53 (2), 293.55 to 293.59, 293.63, 293.81, and 293.83, Stats., mining permits shall be valid for the life of the project unless canceled under s. 293.83 (1) or (3) or 293.85, Stats., or revoked under s. 293.87 (2) or (3), Stats. Unless previously modified, canceled, or revoked, the mining permit issued under this section shall remain valid until reclamation of the entire mining site has been certified as complete under s. NR 132.122 and the department issues a revised mining permit under s. NR 132.122 (7) (b).

NR 132.114 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 132.115 NR 132.115 Mining permit denial.

NR 132.115(1) (1) Within 90 days of the completion of the record for the public hearing held under s. 293.43, Stats., the department shall deny the mining permit if it finds any of the following:

NR 132.115(1)(a) (a) That the site is unsuitable for surface mining, if the application is for a proposed surface mine.

NR 132.115(1)(b) (b) That the applicant has violated and continues to fail to comply with this chapter, ch. 293, Stats., or any rule adopted under ch. 293, Stats.

NR 132.115(1)(c) (c) That any of the following situations may reasonably be expected to occur during or subsequent to mining:

NR 132.115(1)(c)1. 1. Landslides or substantial deposition from the proposed operation in stream or lake beds which cannot be feasibly prevented.

NR 132.115(1)(c)2. 2. Significant surface subsidence that cannot be reclaimed because of the geologic characteristics present at the proposed site.

NR 132.115(1)(c)3. 3. Hazards resulting in irreparable damage to any of the following that cannot be prevented under the requirements of this chapter, avoided to the extent applicable by removal from the area of hazard, or mitigated by purchase or by obtaining the consent of the owner:

NR 132.115(1)(c)3.a. a. Dwelling houses.

NR 132.115(1)(c)3.b. b. Public buildings.

NR 132.115(1)(c)3.c. c. Schools.

NR 132.115(1)(c)3.e. e. Cemeteries.

NR 132.115(1)(c)3.f. f. Commercial or institutional buildings.

NR 132.115(1)(c)3.g. g. Public roads.

NR 132.115(1)(c)3.h. h. Other public property designated by the department by rule.

NR 132.115(1)(c)4. 4. Irreparable environmental damage to lake or stream bodies despite adherence to the requirements of this chapter. This subdivision does not apply to an activity that the department has authorized pursuant to statute, except that the destruction or filling in of a lakebed shall not be authorized notwithstanding any other provision of law.

NR 132.115(1)(d) (d) That the applicant, principal shareholder of the applicant, or a related person has, within 10 years before the application is submitted, forfeited a mining reclamation bond that was posted in accordance with a permit or other approval for a mining operation in the United States, unless the forfeiture was by agreement with the person for whose benefit the bond was posted and the amount of the bond was sufficient to cover all costs of reclamation.

NR 132.115(1)(e) (e) That the applicant, a related person, or an officer or director of the applicant has, within 10 years before the application is submitted, been convicted of more than one felony for violations of laws for the protection of the natural environment arising out of the operation of a mining site in the United States, unless any of the following applies:

NR 132.115(1)(e)1. 1. The person convicted has been pardoned for all of the felonies.

NR 132.115(1)(e)2. 2. The person convicted is a related person or an officer or director of the applicant with whom the applicant terminates its relationship.

NR 132.115(1)(e)3. 3. The applicant included in its permit application under s. NR 132.107 plans to prevent the occurrence in this state of events similar to the events that directly resulted in the convictions.

NR 132.115(1)(f) (f) That the applicant or a related person has, within 10 years before the application is submitted, filed a petition for bankruptcy or undergone dissolution that resulted in the failure to reclaim a mining site in the United States in violation of a state or federal law and that failure has not been remedied and is not being remedied.

NR 132.115(1)(g) (g) That, within 10 years before the application is submitted, a mining permit or other mining approval issued to the applicant or a related person was permanently revoked because of a failure to reclaim a mining site in the United States in violation of state or federal law and that failure has not been and is not being remedied.

NR 132.115(2) (2) The department may not deny a mining permit under sub. (1) (d) to (g) if the person subject to the convictions, forfeiture, permanent revocation, bankruptcy, or dissolution is a related person but the applicant shows that the person was not the parent corporation of the applicant, a person that holds more than a 30 percent ownership in the applicant, or a subsidiary or affiliate of the applicant in which the applicant holds more than a 30 percent interest at the time of the convictions, forfeiture, permanent revocation, bankruptcy, or dissolution.