NR 135.03(16)(16) “Nonmetallic mining site” or “site” means all contiguous areas of present or proposed mining, subject to the qualifications in par. (b). NR 135.03(16)(a)2.2. Storage and processing areas that are in or contiguous to areas excavated for nonmetallic mining. NR 135.03(16)(a)4.4. Areas affected by activities such as the construction or improvement of private roads or haulage ways for nonmetallic mining. NR 135.03(16)(a)6.6. Areas where nonmetallic mining reclamation activities are carried out or structures needed for nonmetallic mining reclamation, such as topsoil stockpile areas, revegetation test plots, or channels for surface water diversion, are located. NR 135.03(16)(b)(b) “Nonmetallic mine site” does not include any of the following areas: NR 135.03(16)(b)1.1. Those portions of sites listed in par. (a) not used for nonmetallic mining or purposes related to nonmetallic mining after 8 months following December 1, 2000. NR 135.03(16)(b)2.2. Separate, previously mined areas that are not used for nonmetallic mineral extraction after 8 months following December 1, 2000 and are not contiguous to mine sites, including separate areas that are connected to active mine sites by public or private roads. NR 135.03(16)(b)3.3. Areas previously mined but used after 8 months following December 1, 2000 for a non-mining activity, such as stockpiles of materials used for an industrial process unrelated to nonmetallic mining. NR 135.03(17)(17) “Operator” means any person who is engaged in, or who has applied for a permit to engage in, nonmetallic mining, whether individually, jointly or through subsidiaries, agents, employees, contractors or subcontractors. NR 135.03(17m)(17m) “Person” means an individual, owner, operator, corporation, limited liability company, partnership, association, county, municipality, interstate agency, state agency or federal agency. NR 135.03(19)(19) “Registered professional engineer” means a person who is registered as a professional engineer pursuant to s. 443.04, Stats. NR 135.03(20)(20) “Regulatory authority” means either of the following: NR 135.03(20)(a)(a) The county in which the nonmetallic mining site is located, that has an applicable reclamation ordinance under s. 295.13, Stats., except where a municipality has adopted an applicable reclamation ordinance pursuant to par. (b). NR 135.03(20)(b)(b) The municipality in which the nonmetallic mining site is located and which has adopted an applicable reclamation ordinance under s. 295.14, Stats. NR 135.03(20)(c)(c) The department, in cases where a county mining reclamation program is no longer in effect under s. 295.14, Stats., but only if there is no applicable reclamation ordinance enacted by the municipality in which the nonmetallic mining site is located. NR 135.03(21)(21) “Replacement of topsoil” means the replacement or redistribution of topsoil or topsoil substitute material to all areas where topsoil was actually removed or affected by nonmetallic mining for the purposes of providing adequate vegetative cover and stabilization of soil conditions needed to achieve the approved post-mining land use and as required by the reclamation plan approved pursuant to an applicable reclamation ordinance. NR 135.03(22)(22) “Solid waste” means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch. 283, Stats., or source material, special nuclear material or by-product material, as defined in s. 254.31 (1), Stats. NR 135.03 NoteNote: The definition of “solid waste” in s. 289.01 (33), Stats., was amended by 2017 Wis. Acts 284 and 285 to exclude “slag generated by the production or processing of iron or steel and that is managed as an item of value in a controlled manner and is not discarded,” and to exclude “post-use plastics or nonrecycled feedstock that are processed at a pyrolysis or gasification facility; that are held at a pyrolysis or gasification facility, prior to processing at the facility where they are being held, to ensure that production is not interrupted; or that are held off site before delivery to a pyrolysis or gasification facility with the intent that they will be processed at a pyrolysis or gasification facility.” NR 135.03(23)(23) “Topsoil” means the surface layer of soil which is generally more fertile than the underlying soil layers, which is the natural medium for plant growth and which can provide the plant growth, soil stability and other attributes necessary to meet the success standards approved in the reclamation plan. NR 135.03(24)(24) “Topsoil substitute material” means soil or other unconsolidated material either used alone or mixed with other beneficial materials and which can provide the plant growth, site stability and other attributes necessary to meet the success standards approved in the reclamation plan. NR 135.03(25)(a)(a) “Unreclaimed acre” or “unreclaimed acres” means those unreclaimed areas in which nonmetallic mining has occurred after 8 months following December 1, 2000 and areas where nonmetallic mining reclamation has been completed but is not yet certified as reclaimed under s. NR 135.40 (7). However the term does not include any areas described in par. (b). NR 135.03(25)(b)2.2. Those areas previously affected by nonmetallic mining but which are not used for nonmetallic mining after 8 months following December 1, 2000.