Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 133 - Radioactive Waste Site Exploration › Section NR 133.09 - Preliminary project description approval

Current through June 24, 2024
(1) Any explorer
				who holds a valid exploration license and intends to conduct radioactive waste
				site exploration in this state shall submit 15 copies of the preliminary
				project description to the department for each county in which drilling is
				expected to occur. The preliminary project description shall include, at a
				minimum, the identification of affected parcels, the proposed number and
				anticipated depth and diameter of the drillholes, the proposed methods of
				construction and termination, a description of site access, documentation that
				the explorer has applied for or intends to apply for necessary approvals and
				permits required under other applicable state laws and rules and local
				ordinances and the projected date of commencement of exploration. If the
				explorer is the federal department of energy or an agent or employee of the
				federal department of energy, the preliminary project description must include
				evidence that the Public Service Commission has certified that the explorer has
				complied with any requirement imposed by the radioactive waste review board
				under s.
				196.497,
				Stats., or any agreement entered into under that section. The preliminary
				project description shall be submitted to the department at least 120 days
				prior to the proposed date of commencement of exploration and shall be
				considered as submitted on the date of its receipt by the department. Upon
				receipt, the department shall provide copies of the preliminary project
				description to the Public Service Commission and the Wisconsin geological and
				natural history survey. The explorer shall also submit a copy of the
				preliminary project description to the county clerk of the county, within which
				the radioactive waste site exploration is to take place.
(2) Each preliminary project description
				shall be accompanied by a fee of $1500 which shall cover the cost to the
				department of evaluating the preliminary project description and preparing for
				and conducting the hearing under s.
				293.25(2)
				(c), Stats. After issuance of a decision
				under sub. (6) the department may revise the fee to reflect actual costs
				incurred.
(3) Upon receipt of a
				complete preliminary project description, the department shall determine, under
				s.
				NR
				150.20, whether a statement under s.
				1.11,
				Stats., is required for the proposed exploration. In making this determination
				the department shall limit its consideration of environmental effects to those
				impacts associated with the proposed radioactive waste site exploration. The
				department may require the explorer to submit additional information concerning
				the proposed exploration. If it is determined that a statement under s.
				1.11,
				Stats., is required, the explorer shall reimburse the department for the
				preparation of an Environmental Impact Statement under s.
				NR
				150.40.
(4) Within 15 business days after completing
				the process required to comply with s.
				1.11,
				Stats., the department shall schedule the hearing under s.
				293.25(2)
				(c), Stats. Notice of the hearing shall be
				published in the official newspaper designated under s.
				985.04
				or
				985.05,
				Stats., or if none exists, in a newspaper likely to give notice in the area of
				the proposed activity.
(5) The
				hearing conducted under s.
				293.25(2)
				(c), Stats., shall be held in the county
				where the radioactive waste site exploration is proposed to occur.
(6) Within 60 business days of the close of
				the hearing record, the department shall issue or deny approvals authorizing
				drilling on the individual parcels identified in the preliminary project
				description. Each approval or denial shall be made in findings of fact,
				conclusions of law and an order setting forth reasons with clarity and in
				detail. The department may modify the explorer's preliminary project
				description in order to meet the requirements of ch. 293, Stats., and as
				modified grant the approval or may impose conditions on the approval as
				appropriate.