Wisconsin Administrative Code
Department of Natural Resources
NR 100-199 - Environmental Protection General
Chapter NR 135 - Nonmetallic Mining Reclamation
Subchapter III - Permitting
Section NR 135.22 - Denial of application for reclamation permit
Universal Citation: WI Admin Code ยง NR 135.22
Current through August 26, 2024
(1) An application to issue a nonmetallic mining reclamation permit shall be denied, within the time frame for permit issuance specified in s. NR 135.21, if the regulatory authority finds any of the following:
(a) The applicant has, after being
given an opportunity to make corrections, failed to provide an adequate permit
application, reclamation plan, financial assurance or any other submittal
required by this chapter or the applicable reclamation ordinance to the
regulatory authority.
(b) The
proposed nonmetallic mining site cannot be reclaimed in compliance with the
reclamation standards contained in the applicable reclamation ordinance, this
chapter or subch. I of ch. 295, Stats.
(c)
1. The
applicant, or its agent, principal or predecessor has, during the course of
nonmetallic mining in Wisconsin within 10 years of the permit application or
modification request being considered shown a pattern of serious violations of
this chapter or of federal, state or local environmental laws related to
nonmetallic mining reclamation.
2.
The following may be considered in making this determination of a pattern of
serious violations:
a. Results of judicial or
administrative proceedings involving the operator or its agent, principal or
predecessor.
b. Suspensions or
revocations of nonmetallic mining reclamation permits pursuant to this
chapter.
c. Forfeitures of
financial assurance.
(d) A denial under this subsection shall be
in writing and shall contain documentation of reasons for denial.
(2) A regulatory authority's decision to deny an application to issue a reclamation permit may be reviewed under s. NR 135.30.
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