NR 182.117(9)(9) Successors in interest. Any person acquiring rights of ownership, possession, or operation of a licensed facility shall be subject to all requirements of the license for the facility and shall provide any required proof of financial responsibility to the department in accordance with this section. The previous owner is responsible for long-term care, and shall maintain any required proof of financial responsibility, until the person acquiring ownership, possession, or operation of the facility establishes any required proof of financial responsibility. NR 182.117 HistoryHistory: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) (intro.), (c) 3. made under s. 35.17, Stats., and correction in (1) (c) 2. made under s. 13.92 (4) (b) 6., Stats., Register December 2021 No. 792. NR 182.118(1)(1) Environmental repair fund. All owners or operators of licensed mining waste disposal facilities shall pay to the department an environmental repair fee for each ton of waste received and disposed of at the facility, until the facility no longer receives waste and begins closure activities. The environmental repair fee shall be as specified in s. 289.67 (1), Stats. NR 182.118(2)(2) Groundwater fund. All owners or operators of licensed mining waste facilities shall pay to the department a groundwater fee for each ton of waste received and disposed of at the facility, until the facility no longer receives wastes and begins closure activities. The amount of the groundwater fee shall be as specified in s. 289.63 (3), Stats. The department shall deposit all groundwater fees into the groundwater fund as provided for in s. 25.48, Stats. NR 182.118(3)(3) Solid waste facility siting board fee. All owners or operators of licensed mining waste facilities shall pay to the department a solid waste facility siting board fee for each ton or equivalent volume of waste or that is disposed of at the mining waste facility. The amount of the solid waste facility siting board fee shall be as specified in s. 289.64 (3), Stats. The fees collected under this subsection shall be credited to the appropriation under s. 20.370 (4) (eg), Stats., for transfer to the appropriation under s. 20.505 (4) (k), Stats. NR 182.118(4)(a)(a) Certification of waste received. The owner or operator of a licensed mining waste facility shall certify, on a form provided by the department, the amount of waste received and disposed of during the preceding reporting period. The department shall specify the term of the reporting period on the certification form. The department shall mail the certification form to the owner or operator every January. The certification form shall be completed and returned to the department within 45 days after mailing of the form by the department to the owner or operator. NR 182.118(4)(b)(b) Payment of fees. Based on information certified by the owner or operator under par. (a), the department shall mail notice of fees due in May and the owner or operator shall within 30 days after mailing of the fees notice, remit the appropriate fees to the department. An owner or operator failing to remit the appropriate fees within 30 days after mailing of the fees notice to the owner or operator shall pay a late processing fee of $50.00 in addition to the appropriate fees. NR 182.118(5)(5) Determination of waste tonnages. The owner or operator shall, subject to department approval, use one of the following methods for determining the number of tons of waste received and disposed of at the mining waste facility for purposes of certification under sub. (4): NR 182.118(5)(b)(b) The owner or operator may establish by field measurement the volume of waste disposed and convert to a weight using an assumed compaction density. NR 182.118 HistoryHistory: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in numbering of section made under s. 13.92 (4) (b) 1., Stats., Register December 2021 No. 792. NR 182.119NR 182.119 Exemptions and modifications. NR 182.119(1)(1) Authority. The department may grant exemptions from the requirements of this chapter and modifications to any license, plan of operation, or other authority issued under this chapter as provided in s. 293.15 (9), Stats., if such exemptions or modifications are consistent with the purposes of this chapter and ch. NR 132 and will not violate any applicable federal or state law or regulation or rule. NR 182.119(2)(2) Exemption and variance requests submitted as part of the approval process under s. 293.40, Stats. NR 182.119(2)(a)(a) To the extent feasible, an applicant shall submit all requests for exemptions or variances under this section as part of 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 182.119(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 and other approvals under s. 293.43 (3m), Stats. NR 182.119(2)(c)(c) The department shall issue a decision on a request for an exemption or variance as part of the decision on the feasibility report and plan of operation under ss. NR 182.108 and 182.109, except as provided in par. (d). The department shall grant the exemption or variance if all of the following conditions: NR 182.119(2)(c)1.1. The exemption or variance is consistent with the purposes of this chapter and ch. 293, Stats. NR 182.119(2)(c)2.2. The exemption or variance will not violate any applicable state environmental law outside of this chapter and ch. 293, Stats. NR 182.119(2)(c)3.3. The exemption or variance will not endanger public health, safety, or welfare and will not result in significant adverse environmental impacts on or off the mining site. NR 182.119(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 182.119(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 182.119(3)(3) Exemption and variance requests submitted after feasibility report and plan of operation review period and before issuance of approvals. If an applicant submits a request for a variance or exemption under this section more than 60 days after the feasibility report and plan of operation are considered complete but before the department issues or denies approval of the feasibility report or plan of operation, the application for an exemption or variance shall be processed following the provisions of s. 293.495 (1) (c), Stats. NR 182.119(4)(4) Exemption and variance requests submitted after issuance of feasibility report and plan of operation approvals. 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 182.119(5)(5) Additional information requests. 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 182.119 HistoryHistory: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) made under s. 35.17, Stats., Register December 2021 No. 792. NR 182.120NR 182.120 Enforcement. If the department has reason to believe that a violation of ch. 289, Stats., or the provisions of this chapter which are adopted pursuant to ch. 289, Stats., or any special order, plan approval, or any term or condition of a license issued under the authority of ch. 289, Stats., occurred, the department shall follow the procedures specified under s. 289.97, Stats. NR 182.120 HistoryHistory: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.
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