Chapter NR 132

NR 132.116(5) (5) If the department approves a mining waste site as part of a permitted mining project, the owner shall maintain proof of financial responsibility ensuring the availability of funds for compliance with the long-term care requirements specified in the waste site feasibility study and plan of operation in accordance with ss. 293.51 (1g) and 289.41, Stats., and ch. NR 182. Proof of financial responsibility for long term care shall be submitted prior to operation of the mining waste facility.

NR 132.116(6) (6) The operator shall provide and maintain proof of financial responsibility as required under s. 293.51 (1r), Stats., related to replacement of engineered cover systems or water management control systems used at the mining site or mining waste site to avoid adverse environmental consequences following closure of the mining waste site. The department shall determine the amount of the security required under this subsection as provided in s. 293.51 (1r), Stats., and shall specify the amount as part of the mining permit and reclamation plan approval. An operator shall submit proof of financial responsibility under this subsection at the time of closure of the mining waste site and in accordance with provisions of ch. NR 182.

NR 132.116 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (5) made under s. 35.17, Stats., Register December 2021 No. 792.

NR 132.117 NR 132.117 Monitoring.

NR 132.117(1) (1) An operator shall monitor the mining site and adjacent areas in accordance with the monitoring plan approved as part of 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 of the mining site and long-term care of the mining waste facility.

NR 132.117(2) (2) The department may monitor environmental changes concurrently with the operator as stated in sub. (1) and for an additional period after the full reclamation bond is released under s. 293.63, Stats.

NR 132.117(3) (3) 

NR 132.117(3)(a) (a) The department shall review baseline data, monitoring data, and the monitoring plan at the time of annual permit review or at such time as the operator requests any modification of the mining permit, mining plan, reclamation plan, or monitoring plan.

NR 132.117(3)(b) (b) The department shall consider baseline data and monitoring data 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 and substantial threat to public health and safety or the environment.

NR 132.117(3)(c) (c) If the analyses of samples indicate the quality of the groundwater is statistically significantly different from either baseline or background, the operator shall notify the department immediately and implement applicable provisions of the contingency plan submitted under s. NR 182.109 (2) (d).

NR 132.117(4) (4) Any request for modification of the scope of the monitoring plan approved as part of the mining permit, including sampling parameters, monitoring locations and frequency and duration of sampling, shall comply with the procedures in s. NR 132.120. Changes in monitoring equipment and sampling and analytical protocols may be reviewed and approved by the department and are not subject to the modification procedural requirements of s. NR 132.120.

NR 132.117(5) (5) An operator shall ensure that all laboratory chemical analyses required under the monitoring plan are conducted by a laboratory certified under s. 299.11, Stats., and ch. NR 149 or other certification program applicable to specific test categories.

NR 132.117 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 132.118 NR 132.118 Inspections.

NR 132.118(1) (1) Subject to applicable state and federal safety rules or regulations, any authorized officer, employee, or representative of the department may enter and inspect any property, premises or place on or at which any mining operation or facility is located or is being constructed or installed at any reasonable time for the purpose of ascertaining the state of compliance with this chapter and chs. 30, 281, 283, 285, 289 to 292, and 299, Stats., and rules adopted under those chapters.

NR 132.118(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, nor may any person obstruct, hamper, or interfere with any such inspection.

NR 132.118(3) (3) The department shall furnish to the operator a written report on any inspection setting forth all observations, relevant information, and data that relate to compliance status.

NR 132.118 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 132.119 NR 132.119 Reporting and mining permit review.

NR 132.119(1) (1) Reclamation reporting. An operator shall submit all the following reports to the department documenting plans, progress, and evaluation of reclamation activities at the mining site. For each report, the operator shall provide the department with a quantity of paper copies specified by the department and shall provide a complete electronic version in a format specified by the department:

NR 132.119(1)(a) (a) In January of each year, a report detailing planned reclamation activities the operator intends to complete in that calendar year. The plan shall document the extent of new surface disturbance, areas of the mining site that will be temporarily and permanently reclaimed during the year, site preparation activities, reclamation materials, including seed mixes, bare root stock and other materials, mining site maintenance activities, ongoing reclamation monitoring and test plot evaluation, and any other information specified by the department in the mining permit and reclamation plan approval.

NR 132.119(1)(b) (b) By November 30 of each year, a report summarizing the extent of reclamation activities completed at the mining site during the calendar year. The report shall include descriptions, maps, and photographs documenting temporary and permanent reclamation and ongoing site maintenance activities that were completed during the year, a summary of reclamation monitoring results, an evaluation of completed reclamation as related to the reclamation success criteria specified in the approved reclamation plan, and an assessment of the effectiveness of specific reclamation activities conducted that year and recommendations for changes to specific reclamation protocols to consider for future work.

NR 132.119(2) (2) Annual report. By January 31 of each year, an operator of a permitted mining site shall submit an annual report to the department summarizing the extent of mining and other activities conducted at the mining site in the preceding calendar year. The operator shall provide the department with a quantity of paper copies specified by the department and shall provide a complete electronic version in a format specified by the department. The annual report shall include text, maps, tabular summaries and graphics as appropriate, documenting all of the following:

NR 132.119(2)(a) (a) The extent of additional surface disturbance during the year and total acres of disturbed area on the mining site.

NR 132.119(2)(b) (b) A summary of construction, mine development, and reclamation activities completed on the mining site.

NR 132.119(2)(c) (c) The volume of material removed, stockpiled, or disposed of on the mining site including ore, concentrates, mining wastes by category, topsoil, merchantable by-product, and non-mining solid waste.

NR 132.119(2)(d) (d) A summary of mine dewatering statistics including monthly pumping totals.

NR 132.119(2)(e) (e) A summary of water treatment activities including monthly totals of water treated and discharged.

NR 132.119(2)(f) (f) A summary of any incidents and related responses concerning spills, pond overflows, embankment failures or leakage, liner failures, pipeline failures or leaks, or other unforeseen environmental releases that occurred at the mining site.

NR 132.119(2)(g) (g) A summary of any plan or permit modifications and any deviations from approved plans not subject to a modification.

NR 132.119(2)(h) (h) A summary of environmental monitoring activities and results required under the approved monitoring plan, including an analysis of the data to determine the development of any observable trends and a comparison of the data to background values and predicted values, if predictive modeling or similar analyses were conducted as part of the mining permit review process.

NR 132.119(2)(i) (i) A discussion of the extent of additional surface disturbance to be expected by the end of the next calendar year including estimates of the volumes of topsoil, ore, mining waste, merchantable by-products, and other materials to be removed.

NR 132.119(2)(j) (j) An assessment of the adequacy of the amount of the financial surety posted under s. NR 132.116 (1) considering the anticipated condition of the mining site at the end of the next calendar year, applicable provisions of the approved reclamation plan, any changes in reclamation costs or changes in state, federal or local regulatory requirements applicable to the mining operation. This analysis shall clearly identify the amount of financial security necessary to fulfill the reclamation plan relative to the mining site as it is projected to exist at the end of the calendar year.

NR 132.119(3) (3) Permit review. The department shall review the mining permit, mining plan, reclamation plan, and required financial securities annually after issuance of the mining permit, or as part of a review as provided in s. NR 132.117 (3), to ascertain adequacy, compliance with state or federal laws enacted after the issuance of the permit, and technological currency. The department shall provide its findings to the operator within 30 days after receipt of the annual report submitted under sub. (2). If the department, after review, determines that the plans should be modified or the bond amount changed, it shall notify the operator of the necessary modifications or changes and establish a schedule for submitting modified plans.

NR 132.119 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 132.120 NR 132.120 Mining permit and plan modifications.

NR 132.120(1) (1) Modification of mining permit and associated plans.

NR 132.120(1)(a) (a) Application. An operator, at any time, may apply for amendment or cancellation of a mining permit or for a change in the mining plan, reclamation plan, or monitoring plan for any mining operation that the operator owns or leases. The operator shall submit any application for the amendment, cancellation, or change in a format specified by the department. The request shall identify the tract of land to be added to or removed from the permitted mining site or to be affected by a change in the mining or reclamation plans. The request shall clearly identify any proposed changes in the mining plan, reclamation plan, or monitoring plan, reasons for the changes and anticipated environmental and economic impacts of the proposed changes.

NR 132.120(1)(b) (b) Procedure. Except as provided under par. (d), the department shall process the application for an increase or decrease in the area of a mining site or for a substantial change in the mining plan, reclamation plan, or monitoring plan in the same manner as an original application for a mining permit.

NR 132.120(1)(c) (c) Substantial changes. The department shall determine if any change in the mining plan, reclamation plan, or monitoring plan is substantial and provide notice of its determination in the same manner as specified under s. 293.43 (2m) (b), Stats.

NR 132.120(1)(d) (d) Notice. The department shall provide notice of any modification that involves an increase or decrease in the area of a mining site or a substantial change in the mining plan, reclamation plan, or monitoring plan in the same manner as an original application for a mining permit under s. 293.43 (2m), Stats. If the department receives less than 5 requests in writing from interested persons for a public hearing within 30 days of notice, no hearing is required on the modification. The notice shall include a statement to this effect.

NR 132.120(1)(e) (e) Hearing. If the department holds a hearing, it shall be conducted as an informational hearing and shall be subject to the notice and procedural provisions under s. 293.43 (3m), Stats. The department may offer any information presented in a prior hearing on either the original application or any previous modification as part of the hearing record on the proposed modification.

NR 132.120(1)(f) (f) Removal. If the application cancels any portion of the unmined area of a mining site, the department shall verify that mining has not occurred on the portion of the mining site identified in the request. If the department finds that no mining has occurred, the department shall modify the mining permit and the operator’s written authorization to conduct mining on the mining site accordingly and, if applicable, shall authorize the operator to modify the financial securities required under s. NR 132.116 to reflect the decrease in the mining site.

NR 132.120(2) (2) Department request for modification of mining or reclamation plan. The department, as provided under s. 293.55 (2), Stats., may require an operator to submit amended mining and reclamation plans if the department determines the existing plans are no longer sufficient to reasonably provide for reclamation of the mining site.

NR 132.120 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 132.121 NR 132.121 Temporary cessation of mining.

NR 132.121(1) (1) If there is a cessation of mining or reclamation expected to last 30 days or more that is not set forth in either the mining plan or the reclamation plan, the operator shall notify the department of the cessation within 48 hours of the cessation of mining and shall begin stabilization of the mining site. If the cessation of mining extends for more than 6 consecutive months, the operator shall begin final reclamation of the mining site in accordance with the approved reclamation plan unless all of the following apply:

NR 132.121(1)(a) (a) The cessation of mining is due either to labor strikes or to such unforeseen developments as adverse market conditions, as determined by the department.

NR 132.121(1)(b) (b) The cessation of mining does not continue beyond the time specified by the department. The time limit specified by the department may not exceed 5 years.

NR 132.121(1)(c) (c) The operator maintains the site in an environmentally stable manner, as determined by the department, during the cessation of mining.

NR 132.121(1)(d) (d) The operator continues the reclamation of the site according to appropriate provisions of the reclamation plan during the cessation of mining.

NR 132.121(1)(e) (e) The operator continues environmental monitoring in accordance with the monitoring plan during the cessation of mining, as determined by the department.

NR 132.121(2) (2) The operator shall identify in the notice provided under sub. (1) the reasons for the temporary shutdown, the anticipated duration of the shutdown, the measures that will be taken to ensure environmental stability of the mining site during the shutdown, procedures required to resume operation of project facilities following the shutdown, and which specific environmental monitoring activities, if any, will be discontinued during the shutdown.

NR 132.121(3) (3) Temporary cessation of mining described in a notice submitted under sub. (1) shall constitute a substantial modification of the mining plan under s. 293.55, Stats., and the department shall process the modification in accordance with the applicable procedures under s. NR 132.120 and s. 293.55, Stats.

NR 132.121(4) (4) The department’s decision on the request for temporary cessation of mining status shall specify the approved duration of the cessation of mining, required stabilization and reclamation measures to be implemented during the cessation, required environmental monitoring activities, and any other conditions necessary to ensure environmental protection during the temporary shutdown and anticipated resumption of mining activities.

NR 132.121 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) (intro.), (b) made under s. 35.17, Stats., Register December 2021 No. 792.

NR 132.122 NR 132.122 Certificate of completion of reclamation and reclamation bond release.

NR 132.122(1) (1) Upon completion of final reclamation in accordance with the approved reclamation plan for a portion of the mining site or the entire mining site the operator may provide notice to the department that final reclamation has been completed. The notice shall include all of the following:

NR 132.122(1)(a) (a) Clear delineation of the portion of the mining site addressed by the notification.

NR 132.122(1)(b) (b) Documentation that all applicable reclamation success criteria specified in the approved reclamation plan have been satisfied for the portion of the mining site addressed in the notification.

NR 132.122(1)(c) (c) Identification of routine management and maintenance activities that may be necessary to maintain the reclaimed portion of the site.

NR 132.122(1)(d) (d) A description of the ongoing reclamation monitoring activities.

NR 132.122(1)(e) (e) Documentation that the reclamation activities, as implemented, have achieved the minimum standards specified in s. 293.13 (2) (c), Stats.

NR 132.122(2) (2) Upon receipt of the notification of completion of final reclamation under sub. (1) the department shall review the information contained in the notification and take one of the following actions:

NR 132.122(2)(a) (a) Approve the notification, specifying the date upon which final reclamation is considered to have been completed and the scope of approved management, maintenance, and monitoring activities.

NR 132.122(2)(b) (b) Request additional information needed to complete the review of the notification.

NR 132.122(2)(c) (c) Deny approval of the notification, specifying the reasons for denial and steps to correct any identified deficiencies.

NR 132.122(3) (3) Not less than 4 years after completion of final reclamation, as determined by the department under sub. (2) (a), the operator may petition the department to consider issuance of a certificate of completion of reclamation for any portion of the mining site in accordance with the approved reclamation plan and this chapter. The petition shall include information that demonstrates continued compliance with the applicable reclamation success criteria specified in the approved reclamation plan and that the site is stable and generally self-sustaining, requiring only routine maintenance and management.

NR 132.122(4) (4) The department shall provide public notice of any request for certification of completion of reclamation under sub. (3) in the same manner as an original application for a mining permit under s. 293.43 (2m), Stats., and shall hold an informational hearing following the procedures under s. 293.43 (3m), Stats. The scope of a hearing conducted under this subsection shall be limited to issues related to whether the operator has complied with the approved reclamation plan and the need for and scope of continued monitoring, maintenance, and reporting related to reclamation. If the requested certification is for the entire mining site or covers the entire remaining portion of the mining site that has not been previously certified, the public notice and hearing shall also include consideration of the revised mining permit under sub. (7) (b).

NR 132.122(5) (5) 

NR 132.122(5)(a) (a) If the department finds after conducting a hearing that the operator has completed final reclamation for any portion of the mining site in accordance with the reclamation plan and this chapter, and the minimum standards specified under s. 293.13 (2) (c), Stats., the department shall issue a certificate of completion setting forth a description of the area reclaimed and a statement that the operator has fulfilled its duties under the reclamation plan as to that area.

NR 132.122(5)(b) (b) In issuing a certificate of completion of reclamation the department may require the operator to continue regular maintenance of the reclaimed portion of the site and to continue regular reclamation monitoring and reporting. If needed to ensure long term environmental integrity of any portion of the site, the department, as part of a certificate of completion, may require an operator to develop a land use restriction to limit incompatible uses and development of specified portions of the mining site. Such land use restriction shall be recorded in the office of the register of deeds in each county in which the portion of the mining site affected by the restriction is located.

NR 132.122(5)(c) (c) Issuance of a certificate of completion under this subsection does not release an operator of any ongoing obligations or requirements imposed under other licenses, permits, or approvals issued by the department or other requirements of applicable laws and rules of the department.

NR 132.122(6) (6) Upon issuance of any certificate of completion under sub. (5) for any portion of the mining site, but not for the entire mining site, the department shall allow the operator to reduce the amount of the bond to an amount which shall equal the estimated cost of reclamation of the portion of the mining site which is disturbed or for which reclamation has been completed but no certificate of completion has been issued. The bond may not be reduced to an amount that is less than the minimum amount specified in sub. (7)

NR 132.122(7) (7) 

NR 132.122(7)(a) (a) 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 percent of the cost to the state of reclamation of the entire mining site if mining of the site was wholly underground and at least 20 percent of the cost to the state of reclamation of the entire mining site if any surface mining was conducted. If a mining site covers less than 10 acres, the department may release the full bond following certification of completion of reclamation for the entire mining site. In the event the operator fails to take appropriate and timely action as directed in an order issued by the department under s. 293.83 (1), Stats., the department may access the remaining bond to complete any necessary maintenance or stabilization activities that are needed to ensure stability of the mining site.

NR 132.122(7)(b) (b) Upon issuance of a certificate or certificates of completion of reclamation for the entire mining site, the department shall issue a revised mining permit to the operator that covers the period from issuance of the certificate of completion until the full reclamation bond is released. The revised mining permit shall specify acceptable uses of the reclaimed mining site consistent with the reclamation plan, approved maintenance activities, monitoring and reporting requirements, and other conditions necessary to ensure compliance with the applicable minimum standards of s. 293.13 (2) (c), Stats. Subsequent modifications to the mining permit shall be processed in accordance with the provisions of s. NR 132.120 and s. 293.55, Stats.

NR 132.122(8) (8) Twenty years after the issuance of a certificate or certificates of completion for the entire mining site, the department shall terminate the mining permit and release the financial security required under s. NR 132.116 (1) and s. 293.51 (1), Stats., if the department finds that the operator has complied with the approved reclamation plan. If the remaining financial security is not released, the department shall specify the reasons for retaining the financial security and shall include a schedule for reconsidering release of the financial security.

NR 132.122 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (3), (4) made under s. 35.17, Stats., Register December 2021 No. 792.

NR 132.123 NR 132.123 Enforcement.

NR 132.123(1) (1) Any person who makes a statement known to the person to be false or misleading in any material respect or causes such a statement to be made in an application or report required under this chapter, who refuses to file any report required under this chapter, or who refuses to submit information required by the mining permit may be fined not less than $1,000 nor more than $5,000. If the false or misleading statement is material to the issuance of the permit, the permit may be revoked. If any violation under this section is repeated the permit may be revoked.

NR 132.123(2) (2) The department shall process possible violations of ch. 293, Stats., this chapter, any order issued under ch. 293, Stats., or this chapter or unapproved deviations from the approved mining plan or reclamation plan in accordance with s. 293.83 (1), Stats.

NR 132.123(3) (3) Penalties for violations may be imposed in accordance with s. 293.87, Stats. Penalties may include revocation of a permit as set forth in s. 293.87, Stats.

NR 132.123(4) (4) Six or more citizens may file a complaint with the department relating to alleged or potential environmental pollution caused by a mining operation in accordance with s. 293.89, Stats. The department shall process verified complaints related to alleged or potential environmental pollution as provided under s. 299.91, Stats.

NR 132.123(5) (5) 

NR 132.123(5)(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 132.123(5)(b) (b) The department shall schedule a hearing on the stop order under par. (a), 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 132.123(5)(c) (c) Within 72 hours after commencement of the hearing under par. (b), 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 seeking an order to extend the time, for not more than 10 days, within which the stop order must be affirmed, modified, or set aside.

NR 132.123(5)(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.