Wisconsin Administrative Code

NR 135.26 Approval of alternate requirements. (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 …

NR 135.27 Permit duration. A nonmetallic mining reclamation permit issued pursuant to this chapter shall last through the mine[s operation and reclamation as described in the approved reclamation plan. If changes occur in the area to be mined, the nature of planned reclamation, o…

NR 135.28 Permit transfer. (1) A nonmetallic mining permit may be transferred to a new operator upon submittal to the regulatory authority of proof of financial assurance and a certification in writing by the new permit holder that all conditions of the permit will be complied wi…

NR 135.29 Change of regulatory authority. If there is a change of regulatory authority for a nonmetallic mining site, the site[s nonmetallic mining permit shall remain in effect and be enforceable until the permit is modified by the new regulatory authority. History: Cr. Register…

NR 135.32 Regulatory authorities for administration of a nonmetallic mining reclamation program. (1) COUNTIES REQUIRED TO ADMINISTER NONMETALLIC MINING RECLAMATION PROGRAMS. Each county shall enact and administer a nonmetallic reclamation ordinance that complies with this chapter…

NR 135.35 Model nonmetallic mining reclamation ordinances. The department shall prepare and publish one or the chapter was last published. 11 DEPARTMENT OF NATURAL RESOURCES more model reclamation ordinances for counties and municipalities to use in complying with the requirement…

NR 135.36 Operator reporting requirements. (1) An operator shall submit an annual report for every nonmetallic mining site with a reclamation permit to the regulatory authority. The annual report shall include all of the following: (a) The name and mailing address of the operator…

NR 135.37 Regulatory authority[s annual report to the department. Unless the department is the regulatory authority, the regulatory authority shall submit an annual program report to the department by March 31 for the previous calendar year. The regulatory authority[s annual repo…

NR 135.38 Operator reporting of completed reclamation. An operator shall file a notice of completed reclamation with the regulatory authority when the operator deems reclamation activities to be completed for a portion of the nonmetallic mine site or for the entire site. The noti…

NR 135.39 Fees. (1) AREAS SUBJECT TO FEES. (a) Fees shall be assessed pursuant to this section for all unreclaimed acres of a nonmetallic mine site, as defined in s. NR 135.03 (25), except the following: 1. Areas that are defined in s. NR 135.03 (16) (b) as not subject to this ch…

NR 135.40 Financial assurance. (1) NOTIFICATION. The regulatory authority shall provide written notification to the operator of the amount of financial assurance required under sub. (3). (2) FILING. Following approval of the nonmetallic reclamation permit, and as a condition of t…

NR 135.41 Interim reclamation waiver. If the regulatory authority determines that areas within a mining site have been successfully reclaimed on an interim basis in accordance with the reclamation plan, the regulatory authority: (1) Shall waive annual acreage fees for those areas…

NR 135.42 Regulatory authority right of inspection. (1) No person may refuse entry or access onto a nonmetallic mining site of a duly authorized officer, employee or agent of the regulatory authority or the department who presents appropriate credentials to inspect the site for c…

NR 135.44 Department review of pre-existing ordinances. (1) Any county or municipality that intends to enforce a nonmetallic mining reclamation ordinance that was in effect before June 1, 1993 shall submit a copy of the ordinance to the department. (2) If the department finds tha…

NR 135.45 Department review of new ordinances. (1) A county or municipality which proposes to adopt a nonmetallic mining reclamation ordinance in accordance with this chapter shall submit the proposed ordinance to the department for review and a determination of compliance at lea…

NR 135.46 Amendment of ordinances. A county or municipality may not amend its nonmetallic mining reclamation ordinance in a manner which makes it more or less restrictive than this chapter. The county or municipality shall submit a copy of an amended ordinance to the department. …

NR 135.47 Department audits. (1) The department shall periodically review the nonmetallic mining program of each regulatory authority to determine if the program is being conducted in compliance with this chapter, and is effective and consistent in ensuring operator compliance wi…

NR 135.48 Noncompliance hearing. If, as a result of adoption of an ordinance or an audit pursuant to s. NR 135.47, the department determines that a regulatory authority is not in compliance with this chapter and has not corrected deficiencies after written notice, the department …

NR 135.49 Municipal noncompliance, consequences. (1) If, as a result of a noncompliance hearing held pursuant to s. NR 135.48, the department issues a written decision finding a municipality is out of compliance with this chapter, the municipality[s authority to administer its no…

NR 135.50 County noncompliance, consequences. (1) If as a result of a noncompliance hearing held pursuant to s. NR 135.48, the department issues a written decision finding a county is out of compliance with this chapter, the department shall, as soon as practicable after the hear…

NR 135.51 Nonmetallic mining advisory committee. (1) The department shall appoint a nonmetallic mining advisory committee to advise it on the administration of this chapter and ch. 295, subch. I, Stats. the chapter was last published. NR 135.51 WISCONSIN ADMINISTRATIVE CODE (2) T…

NR 135.52 Department assistance. (1) In order to assist regulatory authorities in the development, implementation and administration of nonmetallic mining reclamation programs, the department may provide training workshops, written materials and technical assistance addressing ho…

NR 135.53 Definitions. In this subchapter: (1) XContiguous parcelsY means 2 or more parcels of land that share a common property boundary or have property boundaries that meet on at least one point. For purposes of this definition, parcels are contiguous notwithstanding the exist…

NR 135.54 Marketable nonmetallic mineral deposit. A marketable nonmetallic mineral deposit is one which can be or is reasonably anticipated to be commercially feasible to mine and has significant economic or strategic value. The significant economic or strategic value must be dem…

NR 135.55 Who may register a marketable nonmetallic mineral deposit. Beginning on June 1, 1994, a landowner may register his or her land pursuant to this subchapter. History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.

NR 135.56 Registration requirements. (1) The registration shall include a legal description delineating the land and a certification and delineation by a licensed professional geologist or a registered professional engineer that the land has a marketable nonmetallic mineral depos…

NR 135.57 Registration of contiguous parcels. Contiguous parcels of land meeting all of the following criteria may be included in one registration under this subchapter. (1) The parcels are owned by the same person. (2) The parcels contain a marketable nonmetallic mineral deposit…

NR 135.58 Objection to registration by a zoning authority. (1) A zoning authority of land that a landowner intends to register as a marketable nonmetallic mineral deposit may object to the proposed registration only if it gives notice of its intent to object and the reasons for i…

NR 135.59 Duration and renewal of registration. (1) Registration of land containing a marketable nonmetallic mineral deposit expires 10 years after the date registration is recorded unless renewed according to this section. (2) A landowner may not renew registration of land conta…

NR 135.60 Previously registered deposits. (1) Land that has been registered as an economically viable nonmetallic mineral deposit under s. 144.9407 (9), 1993 Stats., or s. 295.20, Stats., prior to December 1, 2000 shall become a registered marketable nonmetallic mineral deposit t…

NR 135.61 Termination of registration of a depleted deposit. The landowner may terminate registration under this subchapter of land containing a marketable nonmetallic mineral deposit where the deposit has been depleted, or where the deposit is no longer economically viable to mi…

NR 135.62 Relationship to planning and zoning. (1) A county or municipality that has received notice of intent to register pursuant to s. NR 135.56 (3) may not, by zoning, granting a variance, or other official action or inaction, permit the erection of permanent structures on, o…

NR 135.63 Right of eminent domain. Nothing in this subchapter affects any state, county or municipal authority to acquire property by eminent domain. History: Cr. Register, September, 2000, No. 537, eff. 12-1-00.

NR 135.64 Exceptions. Nothing in this subchapter shall prohibit: (1) A use of land permissible under a zoning ordinance on the day before the land containing a marketable nonmetallic mineral deposit was registered pursuant to this subchapter. (2) Acquisition of land containing a …

NR 140.01 Purpose. The purpose of this chapter is to establish groundwater quality standards for substances detected in or having a reasonable probability of entering the groundwater resources of the state; to specify scientifically valid procedures for determining if a numerical…

NR 140.02 Regulatory framework. (1) This chapter supplements the regulatory authority elsewhere in the statutes and administrative rules. The department will continue to exercise the powers and duties in those regulatory programs, consistent with the enforcement standards and pre…

NR 140.03 Applicability. This subchapter and subch. II apply to all facilities, practices, and activities which may affect groundwater quality and which are regulated under chs. 85, 93, 94, 101, 145, 281, 283, 287, 289, 291, and 292, Stats., by the department of agriculture, trad…

NR 140.05 Definitions. (1) XAccuracyY means the closeness of a measured value to its generally accepted value or its value based upon an accepted reference standard. (1m) XAlternative concentration limitY means the concentration of a substance in groundwater established by the de…

NR 140.10 Public health related groundwater standards. The groundwater quality standards for substances of public health concern are listed in Table 1. Note: For all substances that have carcinogenic, mutagenic or teratogenic properties or interactive effects, the preventive acti…

NR 140.12 Public welfare related groundwater standards. The groundwater quality standards for substances of public welfare concern are listed in Table 2. Note: For each substance of public welfare concern, the preventive action limit is 50% of the established enforcement standard…

NR 140.14 Statistical procedures. (1) If a preventive action limit or an enforcement standard for a substance listed in Table 1 or 2, an alternative concentration limit issued in accordance with s. NR 140.28 or a preventive action limit for an indicator parameter established acco…

NR 140.16 Monitoring and laboratory data requirements. (1) (a) All groundwater quality samples collected to determine compliance with ch. 160, Stats., shall comply with this section except as noted. (b) Groundwater sampling requirements. All groundwater quality samples shall be c…

NR 140.20 Indicator parameter groundwater standards. (1) ESTABLISHING BACKGROUND WATER QUALITY. Background water quality at a facility, practice or activity at which monitoring is required shall be established by sampling one or more monitoring points at locations and depths suff…

NR 140.22 Point of standards application for design and compliance. (1) DESIGN. Except as specified in sub. (1m), facilities, practices or activities regulated by the department, including remedial actions, shall be designed to minimize the level of substances in groundwater and …

NR 140.24 Responses when a preventive action limit is attained or exceeded. (1) NOTIFICATION AND ASSESSMENT. If the concentration of a substance, including indicator parameters, in groundwater attains or exceeds a preventive action limit at a point of standards application as des…

NR 140.26 Responses when an enforcement standard is attained or exceeded. (1) NOTIFICATION AND ASSESSMENT. If the concentration of a substance in groundwater attains or exceeds an enforcement standard at a point of standards application as described in s. NR 140.22 (2): (a) The o…

NR 140.27 Responses when an enforcement standard is attained or exceeded at a location other than a point of standards application. If the concentration of a substance in groundwater attains or exceeds an enforcement standard at a location other than a point of standards applicat…

NR 140.28 Exemptions. (1) APPLICABILITY. (a) The department may not approve a proposed facility, practice or activity at a location where a preventive action limit or enforcement standard adopted under s. NR 140.10 or 140.12 has been attained or exceeded unless an exemption has b…

NR 141.01 Purpose. The purpose of this chapter is to establish minimum acceptable standards for the design, installation, construction, abandonment and documentation of groundwater monitoring wells. These rules are adopted under chs. 281, 160 and 227, Stats. History: Cr. Register…

NR 141.03 Applicability. This chapter applies to all persons installing and abandoning groundwater monitoring wells and boreholes for purposes regulated by the department under ch. 160, 281, 283, 289, 291, 292, 293 or 299, Stats., or in permits, plan approvals, licenses or orders…