Chapter NR 133

Register March 2011 No. 663

Chapter NR 133

RADIOACTIVE WASTE SITE EXPLORATION

NR 133.01   Purpose.

NR 133.02   Applicability.

NR 133.03   Definitions.

NR 133.04   Application for an exploration license.

NR 133.05   Issuance.

NR 133.06   Renewals.

NR 133.07   License revocation or suspension.

NR 133.08   Denials.

NR 133.09   Preliminary project description approval.

NR 133.095   Modifications.

NR 133.10   Notice procedures.

NR 133.11   Reports.

NR 133.12   Inspections.

NR 133.01 NR 133.01 Purpose. The purpose of this chapter is to establish a licensing procedure and minimum standards for radioactive waste site exploration in this state.

NR 133.01 History History: Cr. Register, May, 1985, No. 353, eff. 6-1-85.

NR 133.02 NR 133.02 Applicability. The provisions of this chapter are applicable to all radioactive waste site exploration as defined in s. 293.25 (1) (c), Stats.

NR 133.02 History History: Cr. Register, May, 1985, No. 353, eff. 6-1-85; correction made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1999, No. 526.

NR 133.03 NR 133.03 Definitions. In this chapter:

NR 133.03(1) (1) “Abandonment” means filling or sealing a drillhole in accordance with the procedures specified under s. NR 133.05.

NR 133.03(2) (2) “Concrete grout” means a mixture consisting of 94 pounds of type A portland cement and an equal or lesser volume of dry sand combined with approximately 6 gallons of water.

NR 133.03(3) (3) “Department” means department of natural resources.

NR 133.03(4) (4) “Driller” means a person who performs core, rotary, percussion or other drilling involved in radioactive waste site exploration.

NR 133.03(5) (5) “Drilling site” means the area disturbed by radioactive waste site exploration including the drillhole.

NR 133.03(6) (6) “Explorer” means any person who engages in radioactive waste site exploration.

NR 133.03(7) (7) “Exploration license” means the license required under s. 293.21 (2), Stats., as a condition of engaging in radioactive waste site exploration.

NR 133.03(8) (8) “License year” means the period of time commencing on July 1 of any year and ending on the following June 30.

NR 133.03(9) (9) “Neat cement grout” means a mixture consisting of 94 pounds of type A portland cement and approximately 6 gallons of water.

NR 133.03(10) (10) “Parcel” means an identified section, fractional section or government lot.

NR 133.03(11) (11) “Radioactive waste” means high-level radioactive waste and transuranic waste, as defined in s. 196.497 (1) (c) and (d), Stats.

NR 133.03(12) (12) “Radioactive waste disposal site” means any site or facility for the long-term storage or disposal of radioactive waste including any underground storage area and related facilities.

NR 133.03(13) (13) “Radioactive waste site exploration” means the on-site geologic examination from the surface of an area by core, rotary, percussion or other drilling for the purpose of determining the subsurface and geologic characteristics of an area in order to establish whether the area is suitable for a radioactive waste disposal site and includes associated activities such as clearing and preparing sites or constructing roads for drilling. For the purposes of this definition, geologic examination does not include construction of drillholes for the purpose of collecting soil samples or monitoring or sampling groundwater in unconsolidated deposits.

NR 133.03(14) (14) “Termination” means permanent abandonment of drillholes and reclamation and revegetation of drilling sites.

NR 133.03 History History: Cr. Register, May, 1985, No. 353, eff. 6-1-85; correction in (7) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1999, No. 526; correction in (11) made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663.

NR 133.04 NR 133.04 Application for an exploration license.

NR 133.04(1) (1) No person may engage in radioactive waste site exploration without securing an exploration license.

NR 133.04(2) (2) Any person wishing to engage in radioactive waste site exploration shall file an application for an exploration license with the department upon forms prepared and furnished by the department. The application shall be accompanied by the following:

NR 133.04(2)(a) (a) A fee of $300 for the exploration license.

NR 133.04(2)(b) (b)

NR 133.04(2)(b)1. 1. A bond payable to the department in the amount of $5,000 conditioned on faithful performance of the provisions of this chapter.

NR 133.04(2)(b)1.a. a. The bond shall be issued by a surety company licensed to do business in Wisconsin. If the surety company’s license to do business is revoked or suspended, the explorer, within 30 days after receiving written notice from the department, shall substitute surety underwritten by a surety company licensed to do business in Wisconsin. Upon failure of the explorer to make a substitution of surety, the department shall suspend the explorer’s exploration license until substitution has been made.

NR 133.04(2)(b)1.b. b. Each bond shall provide that the bond may not be canceled by the surety, except after 90 days written notice to the department by registered or certified mail. Not less than 30 days prior to the expiration of the 90 day notice of cancellation, the explorer shall deliver to the department a replacement bond in the absence of which all radioactive waste site exploration being conducted in this state by the explorer shall cease.

NR 133.04(2)(b)1.c. c. The department may require that the amount of the bond be increased at any time, if the department determines that the explorer’s current level of activity makes it likely that the bond may be inadequate to fund the termination of all holes drilled for which the explorer is responsible.

NR 133.04(2)(b)1.d. d. One year after the issuance of the last certificate of completion, and provided that the explorer is not holding an exploration license, the department shall release the bond if the department determines that the explorer has complied with provisions of this chapter.

NR 133.04(2)(b)2. 2. Notwithstanding subd. 1. the department may waive the bond requirement for an explorer who is authorized to engage in radioactive waste site exploration by a federal agency if the federal agency provides sufficient guarantees that the explorer or the federal agency will comply with the requirements of the department relating to termination.

NR 133.04(2)(c) (c) A certificate of insurance certifying that the explorer has in force a liability insurance policy issued by an insurance company authorized to do business in this state covering all radioactive waste site exploration of the explorer in this state and affording personal injury and property damage protection in a total amount deemed adequate by the department but not less than $50,000.

NR 133.04 History History: Cr. Register, May, 1985, No. 353, eff. 6-1-85.

NR 133.05 NR 133.05 Issuance. Upon satisfactory completion of all conditions contained in this chapter, the department shall issue an exploration license to the explorer and shall provide copies of the license and license application to the radioactive waste review board and the Wisconsin geological and natural history survey. Licenses shall be issued within 10 business days after the department receives a complete application unless the application is for the immediately forthcoming license year. If the application is for the immediately forthcoming license year, the license shall be issued either within 10 business days after the department receives a complete application or on the following July 1, whichever is later. The issuance of an exploration license is subject to the following conditions:

NR 133.05(1) (1) Immediately following completion of drilling, radioactive waste site exploration drillholes shall be abandoned as follows:

NR 133.05(1)(a) (a) Permanent abandonment.

NR 133.05(1)(a)1. 1. ‘Filling material.’ All drillholes shall be filled from the bottom of the hole upward to the ground surface with concrete grout, neat cement grout or other material approved by the department.

NR 133.05(1)(a)2. 2. ‘Filling procedure restrictions.’

NR 133.05(1)(a)2.a. a. Filling material shall be applied through a conductor pipe, except that when practical a dump bailer may be used. When concrete is placed under water by a conductor pipe, the bottom end of the conductor pipe shall be submerged in the concrete at all times.

NR 133.05(1)(a)2.b. b. Upon removal of all or part of the casing from an unconsolidated formation that may not stand open (such as sand or gravel) upon abandonment of a drillhole, the casing shall be removed concurrently with the filling of the drillhole, and the bottom end of the casing shall be kept below the surface of the fill material throughout the abandonment operation.

NR 133.05(1)(a)3. 3. ‘Flowing drillhole.’ Prior to permanently abandoning a drillhole which penetrates an aquifer under artesian pressure such that groundwater flows at the ground surface, the explorer shall obtain approval of the abandonment procedures from the department.

NR 133.05(1)(b) (b) Temporary abandonment. If the explorer wants to temporarily retain a drillhole for further evaluation, the casing shall be left in place, and the upper terminal of the casing shall be sealed with a watertight threaded or welded cap.

NR 133.05(2) (2) The explorer shall comply with minimum standards for radioactive waste site exploration activities and reclamation of drilling sites as contained in s. 293.13 (2) (b) and (c), Stats., where applicable.