(1) AUTHORITY. The
department may grant exemptions from the requirements of this chapter and
modifications to any license, plan of operation, or other authority issued
under this chapter as provided in s.
293.15(9),
Stats., if such exemptions or modifications are consistent with the purposes of
this chapter and ch. NR 132 and will not violate any applicable federal or
state law or regulation or rule.
(2) EXEMPTION AND VARIANCE REQUESTS SUBMITTED
AS PART OF THE APPROVAL PROCESS UNDER S.
293.40,
STATS.
(a) To the extent feasible, an
applicant shall submit all requests for exemptions or variances under this
section as part of the mining waste site feasibility report or plan of
operation and shall describe the grounds for the exemption or variance
including documentation identifying the physical conditions that necessitate
the exemption or variance, other reasons for the exemption or variance,
discussion of any environmental impacts that will result from issuance of the
exemption or variance, mitigation measures, if any, proposed to offset adverse
impacts resulting from the exemption or variance, and the reasonableness of the
exemption or variance.
(b) An
applicant shall submit an application for an exemption or variance under this
subsection no later than 60 days after the mining permit application is
considered complete under s.
293.495(1) (a) 2, Stats. The department may consider an
application for an exemption or variance submitted after that time, but only if
the application is received in time to allow the application to be considered
at the public informational hearing for the mining permit and other approvals
under s.
293.43(3m),
Stats.
(c) The department shall
issue a decision on a request for an exemption or variance as part of the
decision on the feasibility report and plan of operation under ss. NR 182.108
and 182.109, except as provided in par. (d). The department shall grant the
exemption or variance if all of the following conditions:
1. The exemption or variance is consistent
with the purposes of this chapter and ch. 293, Stats.
2. The exemption or variance will not violate
any applicable state environmental law outside of this chapter and ch. 293,
Stats.
3. The exemption or variance
will not endanger public health, safety, or welfare and will not result in
significant adverse environmental impacts on or off the mining site.
(d) The department shall deny a
request for an exemption or variance if granting the exemption or variance will
result in a violation of federal law.
(e) If federal law imposes a standard for an
exemption that differs from the standard in par. (c) and that cannot be
modified by state law, and if that standard has been approved by the federal
government for use by the state through a delegation agreement, federally
approved state implementation plan, or other program approval, then the
department shall determine whether to grant the request for the exemption using
the federal standard.
(3)
EXEMPTION AND VARIANCE REQUESTS SUBMITTED AFTER FEASIBILITY REPORT AND PLAN OF
OPERATION REVIEW PERIOD AND BEFORE ISSUANCE OF APPROVALS. If an applicant
submits a request for a variance or exemption under this section more than 60
days after the feasibility report and plan of operation are considered complete
but before the department issues or denies approval of the feasibility report
or plan of operation, the application for an exemption or variance shall be
processed following the provisions of s.
293.495(1) (c), Stats.
(4) EXEMPTION AND VARIANCE REQUESTS SUBMITTED
AFTER ISSUANCE OF FEASIBILITY REPORT AND PLAN OF OPERATION APPROVALS. The
department shall process exemption and variance requests under this section
submitted after issuance of a mining permit as a modification under s.
293.55, Stats., and
s. NR 132.120.
(5) ADDITIONAL
INFORMATION REQUESTS. The department may require the applicant submitting the
request for a variance or exemption to conduct specific studies and analyses
and submit additional supporting documentation, as necessary, to facilitate the
review of the request by the department.
