reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 132 - Nonferrous Metallic Mineral Mining › Section NR 132.114 - Mining permit issuance

Current through June 24, 2024
(1) Unless denied
				pursuant to s. NR 132.115 and except with respect to property specified in s.
				41.41(11),
				Stats., within 90 days of the completion of the record for the public hearing
				held under s.
				293.43,
				Stats., the department shall issue the mining permit if it finds all of the
				following:
(a) The mining plan and reclamation
				plan are reasonably certain to result in reclamation of the mining site
				consistent with this chapter and ch. 293, Stats., and the mining plan and
				reclamation plan are approved as part of the mining permit.
(b) The proposed operation will comply with
				all applicable air, groundwater, surface water, and solid and hazardous waste
				management laws and rules implemented by the department.
(c) The technology that will be used at the
				proposed operation is capable of resulting in compliance with all applicable
				air, groundwater, surface water, and solid and hazardous waste management laws
				and rules of the department and is reasonably certain to result in compliance
				with these laws and rules at the proposed mining site.
(d) In the case of a surface mine, the site
				is not unsuitable for mining.
(e)
				The proposed mining operation will not endanger public health, safety, or
				welfare.
(f) The proposed mining
				operation will result in a net positive economic impact in the area reasonably
				expected to be most impacted by the activity.
(g) The proposed mining operation conforms
				with all applicable zoning ordinances.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 132 - Nonferrous Metallic Mineral Mining › Section NR 132.116 - Reclamation bond and other financial assurance securities

Current through June 24, 2024
(1)
(a) Upon notification that a mining permit
				has been issued by the department but prior to commencing mining, the operator
				shall file with the department a bond conditioned on faithful performance of
				all of the requirements of this chapter and ch. 293, Stats. In lieu of a bond,
				the operator may deposit cash, certificates of deposit, or government
				securities with the department. Interest received on certificates of deposit
				and government securities shall be paid to the operator. The amount of the bond
				or other security required shall be equal to the estimated cost to the state of
				fulfilling the reclamation plan, in relation to that portion of the site that
				will be disturbed by the end of the following year. The department shall
				determine the estimated cost of reclamation of each mining site on the basis of
				relevant factors including expected changes in the price index, topography of
				the site, methods being employed, depth and composition of overburden, and
				depth of nonferrous metallic mineral deposit being mined.
(b) The department, as provided under s.
				293.53(1)
				(a), Stats., may increase the amount of the
				bond, cash, certificates of deposit, or government security filed under par.
				(a), to assure adequate financing for the reclamation plan.
(c) A bond filed under par. (a) shall be
				issued by a surety company licensed to do business in Wisconsin. If the surety
				company's license to do business is revoked or suspended, the operator, within
				30 days after receiving written notice thereof from the department, shall
				substitute surety underwritten by a surety company licensed to do business in
				Wisconsin. Upon failure of the operator to make a substitution, the department
				shall suspend the operator's mining permit until an acceptable substitute
				surety has been submitted.
(d) A
				bond filed under par. (a) shall provide that the bond shall not be canceled by
				the surety, except after not less than 90 days' notice to the department in
				writing by registered or certified mail. Not less than 30 days prior to the
				expiration of the 90-day notice of cancellation, the operator shall deliver to
				the department a replacement bond in the absence of which all mining shall
				cease.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 132 - Nonferrous Metallic Mineral Mining › Section NR 132.117 - Monitoring

Current through June 24, 2024
(1) An operator shall monitor the mining site
				and adjacent areas in accordance with the monitoring plan approved as part of
				the mining permit. The department may require the operator to perform
				additional monitoring of environmental changes during the course of the
				permitted activity and for such additional periods of time as is necessary to
				satisfactorily complete reclamation of the mining site and long-term care of
				the mining waste facility.
(2) The
				department may monitor environmental changes concurrently with the operator as
				stated in sub. (1) and for an additional period after the full reclamation bond
				is released under s.
				293.63,
				Stats.
(3)
(a) The department shall review baseline
				data, monitoring data, and the monitoring plan at the time of annual permit
				review or at such time as the operator requests any modification of the mining
				permit, mining plan, reclamation plan, or monitoring plan.
(b) The department shall consider baseline
				data and monitoring data in all enforcement actions including issuance of a
				stop order to an operator, requiring an immediate cessation of mining, in whole
				or in part, at any time that the department determines that there exists an
				immediate and substantial threat to public health and safety or the
				environment.
(c) If the analyses of
				samples indicate the quality of the groundwater is statistically significantly
				different from either baseline or background, the operator shall notify the
				department immediately and implement applicable provisions of the contingency
				plan submitted under s. NR 182.109(2) (d).
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 132 - Nonferrous Metallic Mineral Mining › Section NR 132.118 - Inspections

Current through June 24, 2024
(1) Subject to applicable state and federal
				safety rules or regulations, any authorized officer, employee, or
				representative of the department may enter and inspect any property, premises
				or place on or at which any mining operation or facility is located or is being
				constructed or installed at any reasonable time for the purpose of ascertaining
				the state of compliance with this chapter and chs. 30, 281, 283, 285, 289 to
				292, and 299, Stats., and rules adopted under those chapters.
(2) No operator may refuse entry or access to
				any authorized representative of the department who requests entry for purposes
				of inspection, and who presents appropriate credentials, nor may any person
				obstruct, hamper, or interfere with any such inspection.
(3) The department shall furnish to the
				operator a written report on any inspection setting forth all observations,
				relevant information, and data that relate to compliance status.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 132 - Nonferrous Metallic Mineral Mining › Section NR 132.119 - Reporting and mining permit review

Current through June 24, 2024
(1) RECLAMATION
				REPORTING. An operator shall submit all the following reports to the department
				documenting plans, progress, and evaluation of reclamation activities at the
				mining site. For each report, the operator shall provide the department with a
				quantity of paper copies specified by the department and shall provide a
				complete electronic version in a format specified by the department:
(a) In January of each year, a report
				detailing planned reclamation activities the operator intends to complete in
				that calendar year. The plan shall document the extent of new surface
				disturbance, areas of the mining site that will be temporarily and permanently
				reclaimed during the year, site preparation activities, reclamation materials,
				including seed mixes, bare root stock and other materials, mining site
				maintenance activities, ongoing reclamation monitoring and test plot
				evaluation, and any other information specified by the department in the mining
				permit and reclamation plan approval.
(b) By November 30 of each year, a report
				summarizing the extent of reclamation activities completed at the mining site
				during the calendar year. The report shall include descriptions, maps, and
				photographs documenting temporary and permanent reclamation and ongoing site
				maintenance activities that were completed during the year, a summary of
				reclamation monitoring results, an evaluation of completed reclamation as
				related to the reclamation success criteria specified in the approved
				reclamation plan, and an assessment of the effectiveness of specific
				reclamation activities conducted that year and recommendations for changes to
				specific reclamation protocols to consider for future work.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 132 - Nonferrous Metallic Mineral Mining › Section NR 132.121 - Temporary cessation of mining

Current through June 24, 2024
(1) If there is a
				cessation of mining or reclamation expected to last 30 days or more that is not
				set forth in either the mining plan or the reclamation plan, the operator shall
				notify the department of the cessation within 48 hours of the cessation of
				mining and shall begin stabilization of the mining site. If the cessation of
				mining extends for more than 6 consecutive months, the operator shall begin
				final reclamation of the mining site in accordance with the approved
				reclamation plan unless all of the following apply:
(a) The cessation of mining is due either to
				labor strikes or to such unforeseen developments as adverse market conditions,
				as determined by the department.
(b) The cessation of mining does not continue
				beyond the time specified by the department. The time limit specified by the
				department may not exceed 5 years.
(c) The operator maintains the site in an
				environmentally stable manner, as determined by the department, during the
				cessation of mining.
(d) The
				operator continues the reclamation of the site according to appropriate
				provisions of the reclamation plan during the cessation of mining.
(e) The operator continues environmental
				monitoring in accordance with the monitoring plan during the cessation of
				mining, as determined by the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 132 - Nonferrous Metallic Mineral Mining › Section NR 132.122 - Certificate of completion of reclamation and reclamation bond release

Current through June 24, 2024
(1)
				Upon completion of final reclamation in accordance with the approved
				reclamation plan for a portion of the mining site or the entire mining site the
				operator may provide notice to the department that final reclamation has been
				completed. The notice shall include all of the following:
(a) Clear delineation of the portion of the
				mining site addressed by the notification.
(b) Documentation that all applicable
				reclamation success criteria specified in the approved reclamation plan have
				been satisfied for the portion of the mining site addressed in the
				notification.
(c) Identification of
				routine management and maintenance activities that may be necessary to maintain
				the reclaimed portion of the site.
(d) A description of the ongoing reclamation
				monitoring activities.
(e)
				Documentation that the reclamation activities, as implemented, have achieved
				the minimum standards specified in s.
				293.13(2)
				(c), Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection - General › Chapter NR 132 - Nonferrous Metallic Mineral Mining › Section NR 132.123 - Enforcement

Current through June 24, 2024
(1) Any person who makes a statement known to
				the person to be false or misleading in any material respect or causes such a
				statement to be made in an application or report required under this chapter,
				who refuses to file any report required under this chapter, or who refuses to
				submit information required by the mining permit may be fined not less than
				$1,000 nor more than $5,000. If the false or misleading statement is material
				to the issuance of the permit, the permit may be revoked. If any violation
				under this section is repeated the permit may be revoked.
(2) The department shall process possible
				violations of ch. 293, Stats., this chapter, any order issued under ch. 293,
				Stats., or this chapter or unapproved deviations from the approved mining plan
				or reclamation plan in accordance with s.
				293.83(1),
				Stats.
(3) Penalties for violations
				may be imposed in accordance with s.
				293.87,
				Stats. Penalties may include revocation of a permit as set forth in s.
				293.87,
				Stats.
(4) Six or more citizens may
				file a complaint with the department relating to alleged or potential
				environmental pollution caused by a mining operation in accordance with s.
				293.89, Stats. The
				department shall process verified complaints related to alleged or potential
				environmental pollution as provided under s.
				299.91,
				Stats.
(5)
(a) The department may issue a stop order to
				an operator requiring an immediate cessation of mining, in whole or in part, at
				any time that the department determines that there exists an immediate and
				substantial threat to public health and safety or the environment.
(b) The department shall schedule a hearing
				on the stop order under par. (a), to be held within 5 days of issuance of the
				order and shall incorporate notice of the hearing in the copy of the order
				served upon the operator. Notice shall also be given to any other persons who
				have previously requested notice of such proceedings.
(c) Within 72 hours after commencement of the
				hearing under par. (b), unless waived by agreement of the parties, the
				department shall issue a decision affirming, modifying, or setting aside the
				stop order. The department may apply to the circuit court seeking an order to
				extend the time, for not more than 10 days, within which the stop order must be
				affirmed, modified, or set aside.
(d) The department shall set aside the stop
				order at any time, with adequate notice to the parties, upon a showing by the
				operator that the conditions upon which the order was based no longer
				exist.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 133 - Radioactive Waste Site Exploration › Section NR 133.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Abandonment" means filling or sealing a drillhole in accordance with the
				procedures specified under s.
				NR
				133.05.
(2) "Concrete grout" means a mixture
				consisting of 94 pounds of type A portland cement and an equal or lesser volume
				of dry sand combined with approximately 6 gallons of water.
(3) "Department" means department of natural
				resources.
(4) "Driller" means a
				person who performs core, rotary, percussion or other drilling involved in
				radioactive waste site exploration.
(5) "Drilling site" means the area disturbed
				by radioactive waste site exploration including the drillhole.
(6) "Explorer" means any person who engages
				in radioactive waste site exploration.
(7) "Exploration license" means the license
				required under s.
				293.21(2),
				Stats., as a condition of engaging in radioactive waste site
				exploration.
(8) "License year"
				means the period of time commencing on July 1 of any year and ending on the
				following June 30.
(9) "Neat cement
				grout" means a mixture consisting of 94 pounds of type A portland cement and
				approximately 6 gallons of water.
(10) "Parcel" means an identified section,
				fractional section or government lot.
(11) "Radioactive waste" means high-level
				radioactive waste and transuranic waste, as defined in s.
				196.497(1)
				(c) and (d), Stats.
(12) "Radioactive waste disposal site" means
				any site or facility for the long-term storage or disposal of radioactive waste
				including any underground storage area and related facilities.
(13) "Radioactive waste site exploration"
				means the on-site geologic examination from the surface of an area by core,
				rotary, percussion or other drilling for the purpose of determining the
				subsurface and geologic characteristics of an area in order to establish
				whether the area is suitable for a radioactive waste disposal site and includes
				associated activities such as clearing and preparing sites or constructing
				roads for drilling. For the purposes of this definition, geologic examination
				does not include construction of drillholes for the purpose of collecting soil
				samples or monitoring or sampling groundwater in unconsolidated
				deposits.
(14) "Termination" means
				permanent abandonment of drillholes and reclamation and revegetation of
				drilling sites.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 133 - Radioactive Waste Site Exploration › Section NR 133.04 - Application for an exploration license

Current through June 24, 2024
(1) No person may
				engage in radioactive waste site exploration without securing an exploration
				license.
(2) Any person wishing to
				engage in radioactive waste site exploration shall file an application for an
				exploration license with the department upon forms prepared and furnished by
				the department. The application shall be accompanied by the following:
(a) A fee of $300 for the exploration
				license.
(b)
1. A bond payable to the department in the
				amount of $5,000 conditioned on faithful performance of the provisions of this
				chapter.
a. The bond shall be issued by a
				surety company licensed to do business in Wisconsin. If the surety company's
				license to do business is revoked or suspended, the explorer, within 30 days
				after receiving written notice from the department, shall substitute surety
				underwritten by a surety company licensed to do business in Wisconsin. Upon
				failure of the explorer to make a substitution of surety, the department shall
				suspend the explorer's exploration license until substitution has been
				made.
b. Each bond shall provide
				that the bond may not be canceled by the surety, except after 90 days written
				notice to the department by registered or certified mail. Not less than 30 days
				prior to the expiration of the 90 day notice of cancellation, the explorer
				shall deliver to the department a replacement bond in the absence of which all
				radioactive waste site exploration being conducted in this state by the
				explorer shall cease.
c. The
				department may require that the amount of the bond be increased at any time, if
				the department determines that the explorer's current level of activity makes
				it likely that the bond may be inadequate to fund the termination of all holes
				drilled for which the explorer is responsible.
d. One year after the issuance of the last
				certificate of completion, and provided that the explorer is not holding an
				exploration license, the department shall release the bond if the department
				determines that the explorer has complied with provisions of this
				chapter.
2.
				Notwithstanding subd. 1. the department may waive the bond requirement for an
				explorer who is authorized to engage in radioactive waste site exploration by a
				federal agency if the federal agency provides sufficient guarantees that the
				explorer or the federal agency will comply with the requirements of the
				department relating to termination.
(c) A certificate of insurance certifying
				that the explorer has in force a liability insurance policy issued by an
				insurance company authorized to do business in this state covering all
				radioactive waste site exploration of the explorer in this state and affording
				personal injury and property damage protection in a total amount deemed
				adequate by the department but not less than $50,000.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 133 - Radioactive Waste Site Exploration › Section NR 133.05 - Issuance

Current through June 24, 2024
Upon satisfactory completion of all conditions contained in
				  this chapter, the department shall issue an exploration license to the explorer
				  and shall provide copies of the license and license application to the
				  radioactive waste review board and the Wisconsin geological and natural history
				  survey. Licenses shall be issued within 10 business days after the department
				  receives a complete application unless the application is for the immediately
				  forthcoming license year. If the application is for the immediately forthcoming
				  license year, the license shall be issued either within 10 business days after
				  the department receives a complete application or on the following July 1,
				  whichever is later. The issuance of an exploration license is subject to the
				  following conditions:
(1) Immediately
				following completion of drilling, radioactive waste site exploration drillholes
				shall be abandoned as follows:
(a)
Permanent abandonment.
1.
				`Filling material.' All drillholes shall be filled from the bottom of the hole
				upward to the ground surface with concrete grout, neat cement grout or other
				material approved by the department.
2. `Filling procedure restrictions.'
a. Filling material shall be applied through
				a conductor pipe, except that when practical a dump bailer may be used. When
				concrete is placed under water by a conductor pipe, the bottom end of the
				conductor pipe shall be submerged in the concrete at all times.
b. Upon removal of all or part of the casing
				from an unconsolidated formation that may not stand open (such as sand or
				gravel) upon abandonment of a drillhole, the casing shall be removed
				concurrently with the filling of the drillhole, and the bottom end of the
				casing shall be kept below the surface of the fill material throughout the
				abandonment operation.
3. `Flowing drillhole.' Prior to permanently
				abandoning a drillhole which penetrates an aquifer under artesian pressure such
				that groundwater flows at the ground surface, the explorer shall obtain
				approval of the abandonment procedures from the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 133 - Radioactive Waste Site Exploration › Section NR 133.06 - Renewals

Current through June 24, 2024
(1) An explorer may renew an exploration
				license by filing an annual renewal application with the department upon forms
				prepared and furnished by the department. The renewal application shall be
				accompanied by the following:
(a) A fee of
				$150.00.
(b) A bond in accordance
				with s.
				NR
				133.04(2) (b) unless the bond
				requirement is waived in accordance with s.
				NR
				133.04(2) (b) 2.
(c) A certificate of insurance in accordance
				with s.
				NR
				133.04(2) (c).
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 133 - Radioactive Waste Site Exploration › Section NR 133.07 - License revocation or suspension

Current through June 24, 2024
(1) After a due
				process hearing, the department may revoke or suspend an exploration license if
				it is determined that:
(a) Statutes or rules
				of the department or any condition in the exploration license or approval under
				s.
				NR
				133.09(6) have not been complied
				with; or
(b) The explorer has
				failed to increase bond amounts to adequate levels as provided in s.
				NR
				133.04(2) (b) 1. c.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 133 - Radioactive Waste Site Exploration › Section NR 133.08 - Denials

Current through June 24, 2024
(1) The department shall deny an exploration
				license if the department finds:
(a) The
				radioactive waste site exploration activity may not comply with the minimum
				standards in s.
				293.13(2)
				(b) 1 to 12. and (c) 1. to 8., Stats., where
				applicable.
(b) The explorer is in
				violation of ch. 293, Stats., or any provision of this chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 133 - Radioactive Waste Site Exploration › Section NR 133.095 - Modifications

Current through June 24, 2024
(1) The explorer may at any time seek
				modification of the preliminary project description, as approved by the
				department under s.
				NR
				133.09(6). All requests for
				modifications shall be made in writing to the department and shall fully
				document the need for the modification. The department shall approve or deny
				requests for modifications within 15 business days after receiving the
				modification request unless the modification involves conducting exploration on
				a parcel not identified in the preliminary project description, in which case,
				the limitations under sub. (2) (b) shall apply.
(2)
(a) If
				a modification request is for approval to drill on a parcel not identified in
				the preliminary project description, the department shall provide notice of the
				modification request in the same manner as the hearing notice under s.
				NR
				133.09(4) within 15 business days
				after receipt of the modification request. If 5 or more interested persons do
				not request a hearing in writing within 20 business days of notice, no hearing
				is required on the modification. The notice shall include a statement to this
				effect.
(b) The department shall
				approve or deny requests for modifications under sub. (1) within 35 business
				days after publication of the notice under sub. (1) if no hearing is requested
				or within 20 business days after the close of the hearing record if a hearing
				is held.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 133 - Radioactive Waste Site Exploration › Section NR 133.10 - Notice procedures

Current through June 24, 2024
(1) If a specific parcel is approved by the
				department under s.
				NR
				133.09(6), the explorer shall notify
				the department by registered or certified mail of the explorer's intent to
				drill on that parcel at least 10 days in advance of the commencement of
				exploration. The explorer shall provide a copy of the notice of intent to drill
				to the county clerk of each county in which drilling is proposed to occur as
				specified in the notice. The notice of intent to drill shall indicate the legal
				description of the affected parcel, the number of drillholes expected to be
				constructed and the date that exploration is expected to begin. The 10 day
				notice of intent to drill shall be considered as given on the date of its
				receipt by the department. The department shall transmit copies of the notice
				of intent to drill to the Public Service Commission and the Wisconsin
				geological and natural history survey.
(2) The explorer shall notify the department
				prior to the actual commencement of drilling on an approved parcel. This notice
				may be oral or written and shall be made to the department's regional office in
				Rhinelander.
(3) The explorer shall
				notify the department at least 24 hours in advance of permanently abandoning a
				drillhole. The 24 hour requirement may be reduced by the department. This
				notice may be oral or written and shall be made to the department's regional
				office in Rhinelander.
(4) If a
				drillhole penetrates an aquifer under artesian pressure such that groundwater
				flows at the ground surface, the explorer shall contact the department and seek
				approval of the method of containing such flow and the procedures for
				permanently abandoning the drillhole.
The 10-day notice of intent to drill shall be sent to the
					 Bureau of Waste Management, P.O. Box 7921, Madison, WI 53707.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 133 - Radioactive Waste Site Exploration › Section NR 133.11 - Reports

Current through June 24, 2024
(1) Within 10 days after completion of
				temporary or permanent abandonment of a drillhole the explorer shall file an
				exploration abandonment report with the department on forms supplied by the
				department and signed by an authorized representative of the explorer attesting
				to the accuracy of the information contained therein.
(2) All abandonment reports shall be
				submitted to the department's regional office in Rhinelander.
(3) Following permanent abandonment of the
				drillhole, and regrading and revegetation of the drilling site, the explorer
				shall notify the department of completion of termination of each drilling site.
				This notification shall be made in writing and sent to the department's
				regional office in Rhinelander.
(4)
				The department shall notify the explorer in writing of the satisfactory or
				unsatisfactory completion of termination. If termination is unsatisfactory, the
				department shall inform the explorer of all necessary corrective measures.
				Following implementation of corrective measures, the explorer shall file
				written notice with the department's regional office in Rhinelander specifying
				what measures were taken and stating that termination is complete. Failure of
				the explorer to comply with the department's corrective measures may result in
				license revocation or suspension in accordance with s.
				NR
				133.07. Upon satisfactory completion of termination of
				a drilling site, the department shall issue a certificate of completion. No
				temporarily abandoned drilling site will receive a certificate of completion
				until permanently abandoned in accordance with the provisions of this
				chapter.
The address and telephone number of the department's
					 regional office in Rhinelander are:
Department of Natural Resources
Northern Region Headquarters
107 Sutliff
P.O. Box 818
Rhinelander, WI 54501
Telephone: (715)
					 365-8900
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 133 - Radioactive Waste Site Exploration › Section NR 133.12 - Inspections

Current through June 24, 2024
(1) Any duly authorized officer, employee or
				representative of the department may enter and inspect any property, premises
				or place on or at which any radioactive waste site exploration is being
				performed at any reasonable time for the purpose of ascertaining the state of
				compliance with this chapter and ch. 293, Stats.
(2) No explorer may refuse entry or access to
				any authorized representative of the department who requests entry for purposes
				of inspection and who presents appropriate credentials.
(3) No person may obstruct, hamper or
				interfere with any such inspection.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 134 - Oil And Gas Exploration › Section NR 134.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish a licensing
				  procedure and minimum standards for oil and gas exploration in this state for
				  the specific protection of waters of the state, both surface and ground, as
				  provided in ss.
				  281.11
				  and
				  281.12,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 134 - Oil And Gas Exploration › Section NR 134.03 - Definitions

Current through June 24, 2024
(1) "Abandonment" means filling or sealing a
				drillhole in accordance with the procedures specified under s.
				NR
				134.05.
(2) "Department" means department of natural
				resources.
(3) "Driller" means a
				person who performs core, rotary, percussion or other drilling involved in
				exploration for oil and gas.
(4)
				"Drilling site" means the area disturbed by exploration including the
				drillhole.
(5) "Explorer" means any
				person who engages in exploration or who contracts for the services of drillers
				for the purpose of exploration.
(6)
				"Exploration" means the onsite geologic examination from the surface of an area
				by core, rotary, percussion or other drilling for the purpose of searching for
				oil and gas or establishing the nature and extent of a known oil and gas
				deposit and includes associated activities such as clearing and preparing sites
				or constructing roads for drilling. For the purposes of the definition of
				exploration, geologic examination does not include drillholes constructed for
				the purpose of collecting soil samples or for determining geologic information
				by seismic methods.
(7)
				"Exploration license" means the license required by this chapter, as a
				condition of engaging in exploration.
(8) "License year" means the period of time
				commencing on July 1 of any year and ending on the following June 30.
(9) "Oil and gas" means material occurring
				naturally in the earth composed predominantly of mixtures of chemical
				components of carbon and hydrogen, including, if present, other nonmetallic
				elements such as sulfur, hydrogen, oxygen, or nitrogen. Such material may occur
				in the gaseous, liquid, or solid state.
(10) "Parcel" means a section, fractional
				section or government lot.
(11)
				"Termination" means permanent abandonment of drillholes and reclamation and
				revegetation of drilling sites.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 134 - Oil And Gas Exploration › Section NR 134.04 - Application for an exploration license

Current through June 24, 2024
(1) No explorer may
				engage in exploration in this state without securing an exploration
				license.
(2) Any explorer wishing
				to engage in exploration in this state shall file an application for an
				exploration license with the department on forms prepared and furnished by the
				department. The application shall be accompanied by the following:
(a) A fee of $300 for the exploration
				license.
(b) A bond payable to the
				department in the amount of $50,000 conditioned on faithful performance of the
				provisions of this chapter.
1. The bond shall
				be issued by a surety company licensed to do business in Wisconsin. If the
				surety company's license to do business is revoked or suspended, the explorer,
				within 30 days after receiving written notice from the department, shall
				substitute surety underwritten by a surety company licensed to do business in
				Wisconsin. Upon failure of the explorer to make a substitution of surety, the
				department shall suspend the explorer's exploration license until substitution
				has been made.
2. Each bond shall
				provide that the bond may not be canceled by the surety, except after 90 days
				written notice to the department by registered or certified mail. Not less than
				30 days prior to the expiration of the 90 day notice of cancellation, the
				explorer shall deliver to the department a replacement bond in the absence of
				which all exploration conducted in this state by the explorer shall
				cease.
3. The department may
				require that the amount of the bond be increased at any time, if the department
				determines that the explorer's current level of activity makes it likely that
				the bond may be inadequate to fund the termination of all holes drilled for
				which the explorer is responsible.
4. One year after the issuance of the last
				certificate of completion, and provided that the explorer is not holding an
				exploration license, the department shall release the bond if the department
				determines that the explorer has complied with provisions of this
				chapter.
(c) A
				certificate of insurance certifying that the explorer has in force a liability
				insurance policy issued by an insurance company authorized to do business in
				this state covering all exploration of the explorer in this state and affording
				personal injury and property damage protection in a total amount deemed
				adequate by the department but not less than $50,000.
(d) A copy of the applicant's most recent
				annual report and Form 10K as filed with the securities and exchange
				commission. If these are not available, the applicant shall submit a report of
				the applicant's current assets and liabilities and other necessary data to
				establish that the applicant is competent to conduct exploration in this
				state.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 134 - Oil And Gas Exploration › Section NR 134.06 - Renewals

Current through June 24, 2024
(1) An explorer may renew an exploration
				license by filing an annual renewal application with the department upon forms
				prepared and furnished by the department. The renewal application shall be
				accompanied by the following:
(a) A fee of
				$150.00.
(b) A bond in accordance
				with s.
				NR
				134.04(2) (b).
(c) A certificate of insurance in accordance
				with s.
				NR
				134.04(2) (c).
(d) A copy of the applicant's most recent
				annual report and Form 10K as filed with the Securities and Exchange
				Commission. If these are not available, the applicant shall submit a report of
				the applicant's current assets and liabilities and other necessary data to
				establish that the applicant is competent to conduct exploration in this
				state.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 134 - Oil And Gas Exploration › Section NR 134.07 - License revocation or suspension

Current through June 24, 2024
After a due process hearing, the department may revoke or
				  suspend an exploration license if it is determined that:
(1) Statutes or rules of the department or
				any condition in the exploration license or approval for drillhole construction
				have not been complied with; or
(2)
				The explorer has failed to increase bond amounts to adequate levels as provided
				in s.
				NR
				134.04(2) (b) 3.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 134 - Oil And Gas Exploration › Section NR 134.08 - Denials

Current through June 24, 2024
(1) The department shall deny an exploration
				license if the department finds the explorer is in violation of any provision
				of this chapter.
(2) Within 10
				business days from the date of application, the department shall furnish the
				explorer in writing the reasons for the denial.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 134 - Oil And Gas Exploration › Section NR 134.09 - Application for approval

Current through June 24, 2024
(1) At least 30
				days prior to the proposed date of commencement of drillhole construction, the
				explorer shall submit an application for drillhole construction approval to the
				department. The application shall be submitted as an original, in reproducible
				form, and 5 copies. The explorer shall, at the same time, submit one copy of
				the application to the county clerk of the county in which the drilling is
				proposed to occur. The application shall contain the following information:
(a) Location of proposed drillhole.
(b) Proposed date of commencement of
				drilling.
(c) Proposed method of
				drilling including details on site preparation and access, drilling water
				source and possible drilling additives.
(d) Proposed drillhole construction,
				including drillhole inclination, azimuth and diameters; type, diameter and
				depth of casing and liners; lithologic units expected to be penetrated,
				including the expected thickness of each; and proposed cementing materials and
				methods of casing cementing.
(e)
				Proposed method of containment of any oil and gas that might be
				encountered.
(f) Proposed method of
				containment and eventual disposal of any groundwater which may flow to or is
				otherwise brought to the ground surface.
(g) Proposed method of drillhole abandonment
				and drilling site reclamation.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 134 - Oil And Gas Exploration › Section NR 134.10 - Notice procedures

Current through June 24, 2024
(1)
(a) The
				explorer shall notify the department of the explorer's intent to drill on that
				parcel by registered or certified mail at least 10 days in advance of the
				commencement of drilling. Notice shall be considered as given upon the date of
				receipt by the department of the notice. The notice of intent to drill shall
				state the number of drillholes expected to be drilled, the legal description of
				the affected parcel, and the date of the written approval by the department.
				The explorer shall submit a copy of each notice of intent to the county clerk
				of the county in which the drilling is proposed. Such copy shall be submitted
				by registered or certified mail and must be received by the county clerk's
				office at least 10 days prior to commencement of drilling.
(b) A notice of intent to drill shall remain
				in effect for one year commencing on the date of receipt by the department of
				the notice. One year after the receipt of the notice, the explorer shall
				resubmit a notice of intent to drill on that parcel to the department and the
				county clerk if the explorer wishes to continue exploration on the
				parcel.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 134 - Oil And Gas Exploration › Section NR 134.11 - Reports

Current through June 24, 2024
(1) Within 30 days after completion of
				temporary or permanent abandonment of a drillhole the explorer shall file an
				exploration abandonment report with the department on forms supplied by the
				department and signed by an authorized representative of the explorer attesting
				to the accuracy of the information.
(2) All abandonment reports shall be
				submitted to the department's district office in Rhinelander.
(3) Following permanent abandonment of the
				drillhole, and revegetation and regrading of the drilling site, the explorer
				shall notify the department of completion of termination of each drilling site.
				This notification shall be made in writing and sent to the department's
				district office in Rhinelander.
(4)
				The department shall notify the explorer in writing of the satisfactory or
				unsatisfactory completion of termination. If termination is unsatisfactory, the
				department shall inform the explorer of all necessary corrective measures.
				Following implementation of corrective measures, the explorer shall file
				written notice with the department's district office in Rhinelander specifying
				what measures were taken and stating that termination is complete. Failure of
				the explorer to comply with the department's corrective measures may result in
				license revocation or suspension in accordance with s.
				NR
				134.07. Upon satisfactory completion of termination of
				a drilling site, the department shall issue a certificate of completion. No
				drilling site will receive a certificate of completion until permanently
				abandoned in accordance with the provisions of this chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 134 - Oil And Gas Exploration › Section NR 134.12 - Inspections

Current through June 24, 2024
(1) Any duly authorized officer, employee or
				representative of the department may enter and inspect any property, premises
				or place on or at which any exploration is being performed at any reasonable
				time for the purpose of ascertaining the state of compliance with this
				chapter.
(2) No explorer may refuse
				entry or access to any authorized representative of the department who requests
				entry for purposes of inspection and who presents appropriate
				credentials.
(3) No person may
				obstruct, hamper or interfere with any such inspection.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 134 - Oil And Gas Exploration › Section NR 134.13 - Confidentiality

Current through June 24, 2024
Pursuant to s.
				  NR 2.19, the
				  explorer may request confidentiality on a generic basis in lieu of a site
				  specific basis, of all documents and data that will be submitted to or
				  requested by the department under the provisions of this
				  chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter I - General Provisions › Section NR 135.01 - Purpose and scope

Current through June 24, 2024
(1) PURPOSE. The purpose of this chapter is
				  to require reclamation of nonmetallic mining sites. The rule is promulgated
				  pursuant to ch. 295, subch. I, Stats. The goals of reclamation are:
(a) To rehabilitate sites where nonmetallic
				  mining takes place after the effective date of an applicable reclamation
				  ordinance, in order to promote the removal or reuse of nonmetallic mining
				  refuse, removal of roads no longer in use, grading of the nonmetallic mining
				  site, replacement of topsoil, stabilization of soil conditions, establishment
				  of vegetative cover, control of surface water flow and groundwater withdrawal,
				  prevention of environmental pollution, development and reclamation of existing
				  nonmetallic mining sites, and development and restoration of plant, fish and
				  wildlife habitat if needed to comply with an approved reclamation
				  plan.
(b) To assure nonmetallic
				  mining operations after the effective date of an applicable reclamation
				  ordinance are conducted in a manner that promotes successful reclamation
				  consistent with the standards established in this chapter, minimizes the cost
				  of nonmetallic mining reclamation, encourages the development and reclamation
				  of existing nonmetallic mining sites and, to the extent practicable, minimizes
				  areas disturbed by nonmetallic mining at any time and provides for
				  contemporaneous nonmetallic mining reclamation.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter II - Standards › Section NR 135.05 - Applicability of standards

Current through June 24, 2024
The standards of this subchapter apply as follows:
(1) The standards of this subchapter do not
				  apply to any portion of a nonmetallic mining site that meets the criteria in
				  ss.
				  NR
				  135.02(3) and
				  135.03(16) (b),
				  except as provided in s.
				  NR
				  135.02(4).
(2) The standards of this subchapter apply to
				  nonmetallic mining that occurs beginning 9 months following December 1, 2000,
				  including those lands previously affected by nonmetallic mining on which
				  nonmetallic mining occurs after this date, except as provided in sub. (1).