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)(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.

NR 132.115(3)(3) If the department denies an application for a mining permit, the department shall furnish the operator findings of fact, conclusions of law, and an order setting forth the reasons for denial.

NR 132.116(1)(a)(a) Upon notification that a mining permit has been issued by the department but prior to commencing mining, the operator shall file with the department a bond conditioned on faithful performance of all of the requirements of this chapter and ch. 293, Stats. In lieu of a bond, the operator may deposit cash, certificates of deposit, or government securities with the department. Interest received on certificates of deposit and government securities shall be paid to the operator. The amount of the bond or other security required shall be equal to the estimated cost to the state of fulfilling the reclamation plan, in relation to that portion of the site that will be disturbed by the end of the following year. The department shall determine the estimated cost of reclamation of each mining site on the basis of relevant factors including expected changes in the price index, topography of the site, methods being employed, depth and composition of overburden, and depth of nonferrous metallic mineral deposit being mined.

NR 132.116(1)(c)(c) A bond filed under par. (a) 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 operator, within 30 days after receiving written notice thereof from the department, shall substitute surety underwritten by a surety company licensed to do business in Wisconsin. Upon failure of the operator to make a substitution, the department shall suspend the operator’s mining permit until an acceptable substitute surety has been submitted.

NR 132.116(1)(d)(d) A bond filed under par. (a) shall provide that the bond shall not be canceled by the surety, except after not less than 90 days’ notice to the department in writing by registered or certified mail. Not less than 30 days prior to the expiration of the 90-day notice of cancellation, the operator shall deliver to the department a replacement bond in the absence of which all mining shall cease.

NR 132.116(2)(2) Upon notification that a mining permit has been issued by the department but prior to commencing mining, the operator shall file with the department a bond issued by a surety company licensed to do business in this state, cash, certificates of deposit, or government security, to cover unforeseen remedial contingencies not otherwise covered by the bonds or other security required under sub. (1) or (5), including for the provision of a replacement water supply if required under s. 293.65 (4) (d), Stats. The amount of the bond or other security required shall be 10 percent of the total amount of the bonds or other security required under subs. (1) and (5). The operator shall increase, and may decrease, the amount of the bond or other security under this subsection according to any increase or decrease in the amount of the bonds or other security required under sub. (1) or (5) until the operator ceases to extract material from the mining site, at which point the amount of the bond or other security under this subsection shall remain the same until released by the department. The bond or other security under this subsection shall be released no later than 40 years after the operator ceases to extract material from the mining site.

NR 132.116(3)(3) The applicant shall submit a certificate of insurance certifying that the applicant has in force a liability insurance policy issued by an insurer authorized to do business in this state, or in lieu of a certificate of insurance evidence that the applicant has satisfied state or federal self-insurance requirements, covering all mining operations of the applicant 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 132.116(4)(4) Upon approval of the financial instruments related to cost of reclamation under sub. (1) and unforeseen remedial contingency costs under sub. (2), and the certificate of insurance under sub. (3), the department shall issue written authorization to commence mining at the permitted mining site in accordance with the mining permit and approved mining and reclamation plans.

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 132.117(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)(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.