Wisconsin Administrative Code
Department of Natural Resources
NR 100-199 - Environmental Protection General
Chapter NR 182 - Nonferrous Metallic Mineral Mining Waste Management
Section NR 182.111 - Facility license

Universal Citation: WI Admin Code ยง NR 182.111

Current through August 26, 2024

(1) No person may maintain or operate a waste site unless the person has obtained an operating license from the department. The owner or operator of the mining waste facility shall submit an application for an initial operating license using forms supplied by the department. The department shall issue the license for the design capacity specified in the determination of site feasibility and the approval of the plan of operation unless the department establishes any of the following by a clear preponderance of the credible evidence:

(a) The site is not constructed in substantial compliance with the approved plan of operation as determined by the department under s. NR 182.110.

(b) The applicant has failed to pay any required fees or has failed to post or maintain financial assurance instruments as specified in s. 293.51, Stats.

(c) The applicant has failed to submit adequate evidence that a notation of the existence of the facility has been recorded in the office of the register of deeds in each county in which a portion of the facility is located.

(2) The department may suspend or revoke a license issued under this section for grievous and continuous failure to comply with the approved plan of operation, or for grievous and continuous failure to comply with the requirements of this chapter. The department shall review the license and plan of operation to determine compliance annually or at such other intervals as it determines necessary, but no more frequently than annually.

(3) Following closure of a site or facility and issuance of a certificate of completion of reclamation under s. NR 132.122 for the portion of the mining site that includes the mining waste facility, the owner, or any successor in interest, shall apply for and maintain a license during the period of long-term care owner financial responsibility indicated in s. NR 182.117 and s. 289.41(1m) (g), Stats.

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