Wisconsin Administrative Code
Department of Natural Resources
NR 100-199 - Environmental Protection General
Chapter NR 135 - Nonmetallic Mining Reclamation
Subchapter III - Permitting
Section NR 135.26 - Approval of alternate requirements
Universal Citation: WI Admin Code ยง NR 135.26
Current through August 26, 2024
(1) CRITERIA. A regulatory authority may approve an alternate requirement to the reclamation standards established in this chapter if the operator demonstrates and the regulatory authority finds that all of the following criteria are met:
(a) The nonmetallic mining site, the
surrounding property or the mining plan or reclamation plan has a unique
characteristic which requires an alternate requirement.
(b) Unnecessary hardship which is peculiar to
the nonmetallic mining site or plan will result unless the alternate
requirement is approved.
(c)
Reclamation in accordance with the proposed alternate requirement will achieve
the planned post-mining land use and long term site stability in a manner that
will not cause environmental pollution or threaten public health, safety or
welfare.
(2) PROCEDURES.
(a) An operator who requests an alternate
requirement shall submit the request in writing as required in the applicable
reclamation ordinance.
(b) If the
regulatory authority is a county or municipality, the alternate requirement
shall be approved or disapproved as provided in the applicable reclamation
ordinance. Approval or disapproval shall be in writing and shall contain
documentation of the reasons why the alternate requirement was or was not
approved.
(c) If the department is
the regulatory authority, the request shall be submitted to the department's
bureau of waste management, which shall have authority to approve these
requests. Approval or disapproval shall be in writing and shall contain
documentation of the reasons why the alternate requirement was or was not
approved.
(d) A request for an
alternate requirement may be incorporated as part of an application to issue or
modify a nonmetallic mining reclamation permit.
(e) An applicable reclamation ordinance may
provide opportunity for public informational hearing pursuant to this
subchapter prior to the regulatory authority's action on a request for an
alternate requirement.
(3) DEPARTMENT REVIEW.
(a) The regulatory authority shall submit
written notice to the department at least 10 days prior to public hearing
pursuant to sub. (2) (e) on the proposed alternate requirement.
(b) If the department determines that the
proposed alternate requirement does not comply with the intent of this chapter
or the applicable reclamation ordinance, the department may notify the
regulatory authority of this determination either prior to or during the public
hearing.
(c) The regulatory
authority shall submit each written decision on an alternate requirement to the
department within 10 days of issuance.
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