reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 169 - Dry cleaner environmental response program › Section NR 169.23 - Consulting and contract services

Current through June 24, 2024
(1) APPLICABILITY.
				This section does not apply to hiring a consultant or contractor to design or
				implement immediate action activities or to conduct site investigation scoping
				activities. This section does not apply to interim actions unless the
				department requires bidding for an interim action based on the scope of the
				action or costs projected by the consultant proposing to conduct the interim
				action activity.
(2) PROPOSALS AND
				WORKPLANS REQUIRED.
(a)
Interim
				actions.
If required by the department, an owner or operator shall
				solicit a minimum of 3 and a maximum of 6 bid proposals from at least 3
				consultants based on information contained in or equivalent to a site
				investigation scoping report or the initial phases of the site investigation.
Note:
This requirement does not imply that all
				  sites will need to implement interim action activities. This provision is only
				  for those sites where interim actions, as defined in ch. NR 708, are
				  appropriate.
(b)
Site investigations.
An owner or operator shall solicit and
				obtain a minimum of 3 and a maximum of 6 workplans from at least 3 consultants
				based on information contained in or equivalent to a site investigation scoping
				report. Site investigation workplans shall be consistent with s.
				NR
				716.09 and include all activities required in ch. NR
				716.
(c)
Remedial
				actions.
An owner or operator shall solicit and obtain a minimum of 3
				and a maximum of 6 bid proposals for the implementation of a remedy based on
				the findings of the ch. NR 716 site investigation and in compliance with chs.
				NR 722 and
				724.
(d)
Submittal of workplan and
				remedial action bids.
Each consultant shall submit a sealed bid to the
				owner or operator by the date specified by the owner or operator. The
				consultant shall also submit at the same time a copy of the sealed bid to the
				department project manager.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 169 - Dry cleaner environmental response program › Section NR 169.27 - Administration of reimbursement awards

Current through June 24, 2024
(1) RECORDS,
				RETENTION AND AUDITING. An owner or operator who receives reimbursement shall
				retain all records pertaining to the project for a period of 3 years after the
				date of final payment and, upon request, shall make the records available to
				the department. Records requests by the department shall allow at least 48
				hours for the records to be made available by the owner or operator who
				receives reimbursement.
(2)
				DISPUTES.
(a)
Decision of the
				department.
Except as otherwise provided by law, the department shall
				decide any dispute regarding or arising under a reimbursement award, including
				disputes regarding decisions under s.
				NR 169.21(1) (d) to
				(5). The department shall notify the
				reimbursement recipient of its decision in writing by personal service or by
				certified mail with return receipt requested.
(b)
Review of the decision.
A decision of the department made pursuant to this subsection shall be final
				unless within 30 days from the date of the decision, the recipient serves the
				secretary by personal service or certified mail with return receipt requested
				with a written petition requesting an administrative hearing and specifically
				stating the disputed facts or law which warrant a modification or reversal of
				the decision. Petitions are deemed filed upon receipt by the department. Any
				review of a department decision filed pursuant to this paragraph shall be
				treated as a contested case and adjudicated in accordance with ch. 227, Stats.,
				and ch. NR 2.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 169 - Dry cleaner environmental response program › Section NR 169.29 - Variances

Current through June 24, 2024
(1) GENERAL. The department may approve a
				variance from any nonstatutory requirement of this chapter. In considering a
				variance request, the department shall take into account factors such as good
				cause, circumstances beyond the control of the owner or operator seeking
				reimbursement, whether the variance is essential to effect necessary actions or
				departmental objectives, and whether special circumstances make the variance in
				the best interest of the state.
(2)
				REQUEST FOR VARIANCE. An owner or operator submitting an award application and
				requesting a variance shall submit a written request for a variance to the
				department as far in advance as the situation will permit. Each request shall
				contain all of the following:
(a) The name of
				the person requesting the variance and the name and telephone number of a
				contact person familiar with the variance request.
(b) An explanation of why the variance is
				needed, including the factual basis for the variance request and the specific
				provision of this chapter from which a variance is sought.
(c) Within 30 days of receiving a request,
				the department shall mail the applicant for a variance a written decision
				stating the reasons or basis for the decision.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 169 - Dry cleaner environmental response program › Section NR 169.31 - Evaluation and termination of the program

Current through June 24, 2024
(1) ADVISORY
				COUNCIL.
(a) The dry cleaner environmental
				response council created under s.
				15.347(2),
				Stats., shall have the following responsibilities:
1. To advise the department on rules
				promulgated to implement s.
				292.65,
				Stats.
2. To evaluate the dry
				cleaners environmental cleanup program at least every 5 years using criteria
				established by the council.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 172 - Stage 2 vapor recovery grant program (Repealed) › Section NR 172.01 - Purpose (Repealed)

Current through June 24, 2024
Section 144.405, Stats., was renumbered to s.
					 285.31,
					 Stats., by 1995 Wis. Act 227. Section
					 285.31,
					 Stats., was repealed by 1997 Wis. Act
					 27.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 172 - Stage 2 vapor recovery grant program (Repealed) › Section NR 172.02 - Applicability (Repealed)

Current through June 24, 2024
Section 144.405, Stats., was renumbered to s.
					 285.31,
					 Stats., by 1995 Wis. Act 227. Section
					 285.31,
					 Stats., was repealed by 1997 Wis. Act
					 27.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 172 - Stage 2 vapor recovery grant program (Repealed) › Section NR 172.05 - Determination of the grant amount (Repealed)

Current through June 24, 2024
A copy of the cost tables and an explanation of them is
					 available upon request from the Wisconsin Department of Natural Resources,
					 Bureau of Community Assistance, P.O. Box 7921, Madison, WI 53707.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 182 - Nonferrous Metallic Mineral Mining Waste Management › Section NR 182.101 - Purpose

Current through June 24, 2024
The purpose of this chapter is to regulate the location,
				  design, construction, operation, maintenance, closure, and long-term care of
				  the sites and facilities for the storage and disposal of nonferrous metallic
				  mining and prospecting wastes and to coordinate the review, approval and
				  oversight of such sites with the permitting and oversight processes specified
				  in chs.
				  NR 131 and 132 and chs. 289 and
				  293, Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 182 - Nonferrous Metallic Mineral Mining Waste Management › Section NR 182.104 - General submittal requirements

Current through June 24, 2024
Unless otherwise specified in this chapter, all submittals
				  for review and approval of any feasibility report, plan of operation,
				  construction documentation report, or closure plan shall include the
				  following:
(1) PAPER AND ELECTRONIC
				COPIES. Unless otherwise specified, an applicant shall submit 5 paper copies
				and one electronic copy of the plan or report prepared pursuant to the
				appropriate section of this chapter, and an additional reproducible digital or
				electronic copy of any plan sheets or drawings submitted as a part of the plan
				or report. The paper copies and electronic copies shall be submitted to the
				department's waste and materials management program in Madison unless otherwise
				specified by the department. The complete electronic copy of the report and the
				separate digital or electronic copy of any plan sheets or drawings shall be
				provided in formats and on media acceptable to the department.
(2) COVER LETTER. An applicant shall prepare
				a letter detailing the desired department action or response in reference to
				the submittal.
(3) CERTIFICATION.
(a) An applicant shall prepare and submit the
				reports and plan sheets under the seal of a licensed professional engineer. In
				addition, the applicant shall include the following certification:
"I, __________________________, hereby certify that I am a
				  licensed professional engineer in the State of Wisconsin in accordance with the
				  requirements of ch. A-E 4, Wis. Adm. Code; that this document has been prepared
				  in accordance with the Rules of Professional Conduct in ch. A-E 8, Wis. Adm.
				  Code; and that, to the best of my knowledge, all information contained in this
				  document is correct and the document was prepared in compliance with all
				  applicable requirements ch. NR 182, Wis. Adm. Code."
(b) An applicant shall prepare feasibility
				reports, plans of operation, site investigation, and any other reports that
				require interpretation of geology or hydrogeology under the seal of a licensed
				professional geologist. In addition, an applicant shall include the following
				certification:
"I, __________________, hereby certify that I am a licensed
				  professional geologist in the State of Wisconsin in accordance with the
				  requirements of ch. GHSS 2, Wis. Adm. Code; that the preparation of this
				  document has not involved any unprofessional conduct as detailed in ch. GHSS 5,
				  Wis. Adm. Code; and that, to the best of my knowledge, all information
				  contained in this document is correct and the document was prepared in
				  compliance with all applicable requirements in ch. NR 182, Wis. Adm.
				  Code."
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 182 - Nonferrous Metallic Mineral Mining Waste Management › Section NR 182.105 - Location criteria

Current through June 24, 2024
No person may establish, construct, operate, maintain, or
				  permit the use of property for a nonferrous mining waste facility within any of
				  the following areas, except pursuant to an exemption granted under s. NR
				  182.119:
(1) Within areas identified
				as unsuitable in s.
				293.01(28),
				Stats., and in s. NR 131.103 or 132.103(27). In addition to the areas specified
				in s.
				293.01(28)
				(a), Stats., the presence of endangered and
				threatened species as designated by the department under s.
				29.604,
				Stats., shall be considered.
(2)
				Within 1,000 feet of any navigable lake, pond, or flowage.
(3) Within 300 feet of a navigable river or
				stream.
(4) Within a
				floodplain.
(5) Except when the
				site is screened by natural objects, plantings, fences, or other appropriate
				means so as to be as aesthetically pleasing and inconspicuous as is feasible,
				within 1,000 feet of the nearest edge of the right-of-way of any of the
				following:
(a) Any state trunk highway,
				interstate highway, or federal primary highway.
(b) The boundary of any state or federal
				park.
(c) The boundary of a scenic
				easement purchased by the department or the department of
				transportation.
(d) The boundary of
				a designated scenic or wild river.
(e) A scenic overlook designated by the
				department by rule.
(f) A bike or
				hiking trail designated by the United States congress or the state
				legislature.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 182 - Nonferrous Metallic Mineral Mining Waste Management › Section NR 182.106 - Minimum design and operation requirements

Current through June 24, 2024
(1) An operator
				shall locate, design, construct, and operate a waste site or facility approved
				and licensed by the department under this chapter to meet all of the following
				requirements:
(a) Comply with water quality
				standards issued under s.
				281.15,
				Stats.
(b) Comply with standards
				promulgated pursuant to s.
				283.21(1),
				Stats.
(c) Comply with ch. 283,
				Stats., if the facility has a storm water discharge or a point source discharge
				to the waters of the state, including any point source discharge from a
				leachate or surface water runoff collection system.
(d) Have the approval of the municipal
				authority for a point source discharge regulated under ch. 283, Stats., if the
				facility discharges to a publicly owned treatment works.
(e) Prevent air emissions from such site or
				facility from causing a violation of standards or rules promulgated under ch.
				285, Stats.
(f) Ensure consistency
				with the requirements of ch. 293, Stats., chs.
				NR 131 and 132, and all permits
				and plans approved under those rules.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 182 - Nonferrous Metallic Mineral Mining Waste Management › Section NR 182.108 - Feasibility report

Current through June 24, 2024
(1) An applicant is encouraged to contact the
				department during the early stages of project planning and development to
				determine what permits and approvals may be required and to assure that
				submissions are consistent with department requirements.
(2) No person may establish or construct a
				mining waste site or expand an existing mining waste site without first
				obtaining approval of a feasibility report and a plan of operation from the
				department. The purpose of the feasibility report is to determine whether the
				site may be approved for the purpose intended and to identify any conditions
				that must be included in the plan of operation and in the license issued under
				this chapter. The feasibility report shall be prepared and submitted to the
				department in accordance with s. NR 182.104. The feasibility report shall be
				submitted at the same time as the permit application and plans submitted under
				ch. NR 131 or 132 and shall be consistent with the applications and plans
				submitted under ch. NR 131 or 132. If the proposed mining waste site is a
				surface mine backfilled with mining waste, the feasibility report submittal
				provisions of this section may be satisfied by including the information
				required by this section in the mining permit application submitted under ch.
				NR 132 and issuance of the mining permit shall constitute approval of the
				feasibility report and favorable determination of site feasibility. The amount
				of regional and site-specific information and data required for each waste site
				may vary and shall be based on results of the waste characterization studies,
				but shall, at a minimum, contain the items in subs. (3) to (13), unless such
				information is contained in the submittal of documents required under ch. NR
				131, 132, or 150 or s.
				23.11(5),
				Stats.
(3) The feasibility report
				shall contain a general overview of the proposed mining waste facility that
				includes all of the following:
(a) The project
				title.
(b) The name, address and
				phone number of the person who has been designated by the applicant as the
				primary contact for departmental correspondence.
(c) The owner of the proposed
				facility.
(d) The location of the
				proposed facility.
(e) The proposed
				licensed acreage of the proposed facility.
(f) The proposed facility life and range of
				disposal capacity of the proposed facility.
(g) The estimated waste types and quantities
				to be contained in the proposed facility.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 182 - Nonferrous Metallic Mineral Mining Waste Management › Section NR 182.110 - Construction documentation and completion reports

Current through June 24, 2024
(1) REPORT
				PREPARATION. The owner shall construct a waste site in accordance with the
				approved plan of operation. The owner shall prepare a report documenting all
				aspects of construction for the initial construction of the mining waste
				facility; the construction of all subsequent phases or portions thereof; the
				construction of any storm water, groundwater, or leachate control structures;
				the implementation of remedial actions; and the closure of each major disposal
				area. Approval of a report that documents the construction of any portion of
				the base of a mining waste facility shall be obtained from the department prior
				to initiating disposal operations in the newly established area and subsequent
				phases.
(2) QUALITY ASSURANCE.
(a)
1. The
				owner shall employ a registered professional engineer or a qualified technician
				who is directly supervised by a professional engineer who shall be continuously
				on-site and performing assigned quality assurance duties throughout all of the
				following:
a. Placement and testing of the
				clay component of liner and cover systems.
b. Installation and testing of the
				geosynthetic components of liner and cover systems.
c. All aspects of sump and sideslope riser
				construction or penetrations of sidewall liners.
d. Manhole and tank installation.
e. Placement of the drainage layer or cover
				soil above the geosynthetic liner.
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

Current through June 24, 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.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 182 - Nonferrous Metallic Mineral Mining Waste Management › Section NR 182.112 - Inspections

Current through June 24, 2024
(1) Subject to applicable state and federal
				safety rules or regulations, personnel or agents of the department may
				accompany employees of the owner on any routine inspection required by this
				chapter, or may conduct inspections of their own at any other time that is
				reasonable under the circumstances involved. Department personnel or agents may
				conduct inspection of proposed mining waste facilities, mine waste facilities
				that are under construction, and mining waste facilities that have been
				licensed under this chapter, including closed facilities. Personnel or agents
				of the department may also examine any routine inspection reports and shall be
				furnished copies thereof upon request.
(2) Except as provided in subs. (4) and (5),
				a qualified representative of the owner of a mining waste facility licensed
				under this chapter shall, at least weekly, visually inspect all of the
				following:
(a) The active sites or facilities,
				including dams, for possible damage or structural weakening.
(b) The waste handling and monitoring
				equipment and readings to ensure normal operation and measurements.
(c) The fences or barriers for possible
				damage.
(d) The buffer area around
				the facility for possible environmental damage related to its
				operation.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 182 - Nonferrous Metallic Mineral Mining Waste Management › Section NR 182.114 - Recordkeeping and reporting

Current through June 24, 2024
(1) OPERATING LOG.
(a) The owner of a mine waste disposal site
				or facility shall keep an operating log. This log shall, at all reasonable
				times, be open for inspection by any authorized department employee.
(b) The owner shall promptly record all of
				the following information, as it becomes available, in the operating log under
				par. (a) and maintain the log until closure of the facility unless, otherwise
				provided by the department:
1. A record of
				each waste type disposed of or stored on a weekly basis at the waste site or
				facility that includes all of the following:
a. A description of the type of each mining
				waste.
b. The quantity in units of
				volume or weight of each waste type disposed of or stored on the site and the
				method of treatment, disposal, or storage used for each.
c. Locations, with respect to permanently
				surveyed benchmarks, where each waste type is disposed of or stored.
d. The waste characterization and analyses,
				as specified under this chapter and the approval of the plan of
				operation.
2. The
				monitoring data required under this chapter.
3. The summary reports and records of all
				incidents requiring initiation of a contingency plan as specified under this
				chapter or resulting in human health or environmental damage.
4. The records or results of visual
				inspections required under this chapter.
(c) The owner of a mine waste facility shall
				retain all records of monitoring, analytical, and quality assurance activities
				and data collection, including raw data, and instrumentation, calibration, and
				maintenance records until termination of owner responsibility, except to the
				extent that copies of such records have previously been provided to the
				department.
(d) The owner of a dam
				shall maintain, in a permanent file, all of the following construction records
				pertaining to the dam for future reference should they be needed:
1. Aerial photos of the construction site
				before construction.
2.
				Construction drawings and modifications necessary during
				construction.
3. Construction
				specifications and modifications.
4. Results of all soil tests on foundations
				and fill materials.
5. Logs of
				borings and engineering geology reports.
6. Copies of construction progress
				inspections pertinent to core trench, toe drain, internal drains, and other
				significant phases of the structure including, at the option of the owner
				photographs of various structural items.
7. Aerial stereo photos, or similar
				documentation using alternative technology, of the entire dam taken within 90
				days after all construction is completed.
8. A description of and justification for all
				deviations or variances from the construction plans and
				specifications.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 182 - Nonferrous Metallic Mineral Mining Waste Management › Section NR 182.115 - Closure

Current through June 24, 2024
(1) Mining waste facilities shall be closed
				in compliance with the plan of operation approved under s. NR 182.109 and the
				reclamation plan approved under s. NR 132.114.
(2) At the time of completion of closure of
				the mining waste site or a portion of the mining waste site, the operator shall
				provide proof of financial responsibility to the department in an amount equal
				to the reasonably anticipated costs during the period between 40 and 250 years
				after closure of the mining waste site, or portion of the waste site, to repair
				or replace any engineered cover systems or tailings water management control
				systems used at the mining site or mining waste site to avoid adverse
				environmental consequences. The proof of financial responsibility required
				under this subsection shall be in the amount determined under s. NR 132.116(6)
				and s.
				293.51(1r),
				Stats., and shall be in the form of a cash deposit, which the department shall
				segregate and invest in an interest-bearing account, certificates of deposit,
				government securities, or other interest-bearing forms of security, or proof of
				establishment of an interest-bearing account, including an escrow account or
				trust account.
(3) At the
				completion of closure of a closed facility, or portion of a facility, the owner
				or operator shall reasonably secure the closed facility, or closed portion of a
				facility, so that injurious contact with waste by humans or animal life will be
				minimized, and so that discharges harmful to health or the environment will not
				occur.
(4) At the completion of the
				closure of a facility, or portion of a facility, all required equipment shall
				be provided and arrangements shall be made to continue post-closure monitoring
				as required under this chapter.
(5)
				At the completion of the closure of a facility, or portion of a facility, the
				owner or operator shall submit to the department a closure documentation report
				under to s. NR 182.110(5) certifying that the facility, or portion of the
				facility, has been closed in accordance with this chapter and approved
				plans.
(6) The long-term care
				period for a mining waste facility, or a closed portion of a facility, shall
				commence after the department completes all of the following:
(a) Issues an approval and determination that
				the facility has been closed in substantial compliance with the plan of
				operation in accordance with s. NR 182.110(6) (b).
(b) Issues a certification of completion of
				reclamation for the facility, or portion of the facility, under s. NR
				132.122.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 182 - Nonferrous Metallic Mineral Mining Waste Management › Section NR 182.116 - Financial responsibility for closure

Current through June 24, 2024
(1) The intent of
				this section is to coordinate the financial responsibility requirements of ch.
				NR 132 and this chapter as those financial responsibility requirements affect
				closure of a mining site. Financial responsibility for closure of a mining
				waste facility shall be incorporated in the bond or other financial assurance
				under s.
				293.51(1),
				Stats., provided for reclamation of the mining site and release of the
				financial assurance shall be processed according to reclamation procedures. A
				demonstration of financial responsibility by whatever means shall not be
				required twice for the same obligation regardless of whether the same is set
				forth in more than one chapter of the administrative code.
(2) The closure requirements of this chapter
				shall be incorporated in and made part of the reclamation plan submitted
				pursuant to s.
				293.37(2)
				(b), Stats., and s. NR 132.109 but shall be
				referenced in the plan of operation submitted under s. NR 182.109. Release of
				the amount bonded to ensure closure according to the reclamation plan shall be
				processed under the provisions of s.
				293.63,
				Stats., and s. NR 132.122 relating to the release of reclamation
				bonds.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 182 - Nonferrous Metallic Mineral Mining Waste Management › Section NR 182.118 - Environmental fees

Current through June 24, 2024
(1) ENVIRONMENTAL REPAIR FUND. All owners or
				operators of licensed mining waste disposal facilities shall pay to the
				department an environmental repair fee for each ton of waste received and
				disposed of at the facility, until the facility no longer receives waste and
				begins closure activities. The environmental repair fee shall be as specified
				in s.
				289.67(1),
				Stats.
(2) GROUNDWATER FUND. All
				owners or operators of licensed mining waste facilities shall pay to the
				department a groundwater fee for each ton of waste received and disposed of at
				the facility, until the facility no longer receives wastes and begins closure
				activities. The amount of the groundwater fee shall be as specified in s.
				289.63(3),
				Stats. The department shall deposit all groundwater fees into the groundwater
				fund as provided for in s.
				25.48,
				Stats.
(3) SOLID WASTE FACILITY
				SITING BOARD FEE. All owners or operators of licensed mining waste facilities
				shall pay to the department a solid waste facility siting board fee for each
				ton or equivalent volume of waste or that is disposed of at the mining waste
				facility. The amount of the solid waste facility siting board fee shall be as
				specified in s.
				289.64(3),
				Stats. The fees collected under this subsection shall be credited to the
				appropriation under s.
				20.370(4)
				(eg), Stats., for transfer to the
				appropriation under s.
				20.505(4)
				(k), Stats.
(4) CERTIFICATION AND PAYMENT OF FEES.
(a)
Certification of waste
				received.
The owner or operator of a licensed mining waste facility
				shall certify, on a form provided by the department, the amount of waste
				received and disposed of during the preceding reporting period. The department
				shall specify the term of the reporting period on the certification form. The
				department shall mail the certification form to the owner or operator every
				January. The certification form shall be completed and returned to the
				department within 45 days after mailing of the form by the department to the
				owner or operator.
(b)
Payment of fees.
Based on information certified by the owner
				or operator under par. (a), the department shall mail notice of fees due in May
				and the owner or operator shall within 30 days after mailing of the fees
				notice, remit the appropriate fees to the department. An owner or operator
				failing to remit the appropriate fees within 30 days after mailing of the fees
				notice to the owner or operator shall pay a late processing fee of $50.00 in
				addition to the appropriate fees.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 182 - Nonferrous Metallic Mineral Mining Waste Management › Section NR 182.120 - Enforcement

Current through June 24, 2024
If the department has reason to believe that a violation of
				  ch. 289, Stats., or the provisions of this chapter which are adopted pursuant
				  to ch. 289, Stats., or any special order, plan approval, or any term or
				  condition of a license issued under the authority of ch. 289, Stats., occurred,
				  the department shall follow the procedures specified under s.
				  289.97,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 185 - Solid Waste Management Planning Criteria › Section NR 185.01 - Purpose

Current through June 24, 2024
Development of comprehensive plans for the establishment and
				  maintenance of effective, efficient and environmentally acceptable areawide
				  solid waste management systems is an essential part of solid waste management.
				  The purpose of this chapter is to establish minimum solid waste management
				  planning criteria pursuant to chapter 377, laws of 1977, consistent with the
				  intent of the Resource Conservation and Recovery Act of 1976 (Public Law
				  94-580).
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 185 - Solid Waste Management Planning Criteria › Section NR 185.05 - Procedures

Current through June 24, 2024
(1) PLAN FORMAT. All solid waste management
				plans shall be developed and written according to the planning criteria
				outlined in s.
				NR
				185.07.
(2) PRELIMINARY SUBMITTAL. Entities shall
				make a preliminary submittal to the department to include 3 draft copies of the
				material required in s.
				NR 185.07(1), (2), (3), (4) and
				(5) prior to completion of the remaining
				portions of s.
				NR 185.07. The
				department shall review and comment on the submittal within 90 days of
				receipt.
(3) FINAL REVIEW. An
				entity seeking final department review and approval of a plan shall submit a
				total of 4 copies of the following package to the department and one copy to
				the appropriate regional planning commission or other planning agency for their
				comment as to whether the plan is in conflict with any plans adopted by the
				agency.
(a) A letter requesting department
				review and approval of the plan under s.
				289.05(2),
				Stats.
(b) Copy of a resolution
				indicating formal adoption of the plan by the entity and an intent to implement
				the plan.
(c) Loose-leaf ring
				binder copy of plan prepared pursuant to s.
				NR 185.07. The
				copy shall be legible and written in a style so as to be easily readable and
				understandable.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 185 - Solid Waste Management Planning Criteria › Section NR 185.06 - Information, education and public participation

Current through June 24, 2024
(1) From the
				beginning and throughout the planning process, the entity shall execute a
				comprehensive information, education, and public participation program for all
				persons potentially affected by the plan. The program shall be developed at the
				beginning of the planning process, with a written summary of the program to be
				kept on file for public review.
(2)
				The objectives of this program shall be to keep the persons potentially
				affected by the plan fully informed, to maintain openness, and to provide a
				forum for informed input into the planning process.
(3) The program shall include formally
				announced informational meetings, hearings, conferences and public workshops
				held at places accessible by potentially affected persons. The program may also
				include:
(a) Publications and
				handouts.
(b) Visual displays and
				presentations.
(c) News releases
				and/or announcements to the professional media.
(d) Advisory groups developed to guide
				preparation of the plan, stimulate interest in solid waste issues and help the
				planning organization and any other entities implement the plan. Membership of
				any advisory group shall include a representative cross-section of persons in
				the planning area.
(e) Other
				activities as deemed necessary.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 185 - Solid Waste Management Planning Criteria › Section NR 185.07 - Planning criteria

Current through June 24, 2024
Plans being submitted for final approval shall include, at a
				  minimum, all of the following information in the order presented below:
(1) INTRODUCTION. An introduction to the plan
				including a narrative addressing the following subjects individually shall be
				provided:
(a) General solid waste management
				history in the planning area.
(b) A
				brief discussion of solid waste management in general, including the planning
				process outlined in this section, generation, source reduction, source
				separation, storage, collection, transportation, processing, treatment,
				resource recovery and disposal.
(c)
				The purpose and scope of the plan.
(d) A discussion of the planning period. The
				planning period shall extend at least 10 years from the projected plan approval
				date.
(e) A list and discussion of
				specific plan objectives.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 185 - Solid Waste Management Planning Criteria › Section NR 185.08 - Upgrading approved plans

Current through June 24, 2024
An entity with a department approved plan under former ch.
				  LAD 3, (April, 1972) Wis. Adm. Code, may resubmit the plan to the department
				  with a written request for the department to evaluate the plan under this
				  chapter. The department will evaluate the previously approved plan through the
				  procedure specified in s.
				  NR
				  185.05(4).
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 185 - Solid Waste Management Planning Criteria › Section NR 185.09 - Exemptions

Current through June 24, 2024
An entity may request exemption from any of the requirements
				  of this chapter by submitting an adequate written request and justification. In
				  reviewing exemption requests, the department may take into account such factors
				  as population, size of the area being served, types, amounts, and sources of
				  solid waste, and other significant factors presented and documented by the
				  entity. Exemption requests shall be reviewed with particular regard to any
				  potential nuisance, hazard to public health and safety, or potential
				  degradation of the environment. Any exemptions granted shall be in writing by
				  the department, stating the reasons therefor.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 187 - Household hazardous waste grant program › Section NR 187.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish the criteria
				  necessary to implement the household hazardous waste grant program under s.
				  93.57,
				  Stats. Through this program, financial assistance will be made available to
				  municipalities to create and operate local "clean sweep" programs for the
				  collection and disposal of household hazardous waste. These programs are
				  intended to divert such wastes away from municipal landfills, sewers and septic
				  systems and to provide for the management of household hazardous waste in a
				  licensed hazardous waste treatment, storage, or disposal
				  facility.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 187 - Household hazardous waste grant program › Section NR 187.02 - Applicability

Current through June 24, 2024
This chapter governs the general conditions and eligibility
				  requirements for grant applications, application procedures, approval criteria,
				  and a priority system for the issuance of household hazardous waste
				  grants.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 187 - Household hazardous waste grant program › Section NR 187.03 - Definitions

Current through June 24, 2024
(1) "Clean sweep program" means a program for
				the collection and disposal of household hazardous waste.
(2) "Department" means department of natural
				resources.
(3) "First grant cycle"
				means the processing of grant applications received by the department after
				July 1 and before August 2 of each year.
(4) "Hazardous waste" has the meaning
				specified under s.
				291.01(7),
				Stats.
(5) "Household hazardous
				waste" means hazardous waste generated by residential households.
(6) "Municipality" has the meaning specified
				under s.
				291.01(12),
				Stats.
(7) "Second grant cycle"
				means the processing of grant applications received by the department after
				December 1 of each year and before January 2 of the next year.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 187 - Household hazardous waste grant program › Section NR 187.04 - Grant eligibility

Current through June 24, 2024
Municipalities that receive grants for clean sweep programs
				  under this chapter shall comply with the following requirements:
(1) EDUCATIONAL LITERATURE. The program shall
				provide educational literature, which generally describes the hazards that may
				be associated with household hazardous waste, to citizens who participate in
				the clean sweep program.
(2)
				TRANSPORTERS. The program shall hire a licensed hazardous waste transportation
				service to collect, handle, pack, transport, and dispose of household hazardous
				waste.
(3) STORAGE REQUIREMENTS.
				The program shall comply with the hazardous waste storage facility requirements
				in chs. NR 660 to
				670 if collected household
				hazardous waste is not removed from collection sites within 5 days after the
				day collection takes place.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 187 - Household hazardous waste grant program › Section NR 187.05 - Grant application

Current through June 24, 2024
(1) GRANT CYCLES. First grant cycle
				applications may only be submitted to the department after July 1 of each year
				and before August 2 of the same year. Based on the availability of funds, the
				department may administer a second grant cycle, in which case applications may
				only be submitted to the department after December 1 and before January 2 of
				the next year.
(2) APPLICATIONS.
(a) Applications shall be submitted on forms
				supplied by the department.
(b)
				Grant applicants shall submit the following in writing with the application
				form:
1. A statement that describes the
				municipality's proposed clean sweep program activities in detail and which, at
				a minimum, includes the following:
a. A
				statement describing the program's scope of activities and objectives. This
				statement shall identify the personnel responsible for program planning,
				coordination and implementation.
b.
				A description of proposed information and education activities designed to
				inform citizens of the opportunity to participate in clean sweep program
				activities.
2. A budget
				showing estimated clean sweep program costs for major planned activities,
				estimated in-kind costs (e.g., salaries, benefits and costs of materials) which
				may be counted toward the applicant's matching share, and documentation on how
				all estimates were made.
3. A
				formal resolution by the governing body of the municipality which:
a. Authorizes the grant
				application;
b. Expresses the
				municipality's intent to carry out all proposed activities described within the
				grant application;
c. Grants
				department employees access to inspect proposed clean sweep program collection
				sites.
d. Commits the municipality
				to maintain appropriate records to document all expenditures made during the
				clean sweep program, and to submit to the department a final report describing
				all clean sweep program activities, achievements and problems, comparing the
				actual program with the activities and objectives proposed in the
				municipality's grant application, including samples of all
				information-educational brochures prepared and distributed, and data on
				residents' rates of participation, waste quantities collected by category,
				documentation of all project costs, and a recommendation section.
4. A timetable for completion of
				the clean sweep program for which the application is submitted, showing
				anticipated dates of information and education activities, waste collection,
				and the submittal of a final report to the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 187 - Household hazardous waste grant program › Section NR 187.06 - Ineligible costs

Current through June 24, 2024
The following costs are ineligible for cost-sharing under
				  this chapter:
(1) Costs incurred prior
				to the grant offer.
(2) Costs
				incurred more than 12 months after the date of grant acceptance.
(3) Any additional expenditures incurred by
				the grantee over the amount of the original estimated program cost.
(4) Any cost increases related to changes in
				the project's scope. The scope of the project may be amended after acceptance
				of the grant award, but this amendment is subject to department approval, and
				may not result in an increase in the amount of the grant award.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 187 - Household hazardous waste grant program › Section NR 187.07 - Grant awards

Current through June 24, 2024
(1) GRANT DETERMINATION. The department shall
				determine the eligibility and the priority of each grant application received.
				Grant funds shall be awarded to eligible first grant cycle applicants in the
				order of their priority under s.
				NR 187.08, by
				September 1 of each year and available grant funds shall be awarded to eligible
				second grant cycle applicants, in the order of their priority under s.
				NR 187.08, by
				March 1 of each year.
(2) STATE
				SHARE. Grantees shall be paid the state share of up to 75% of eligible costs,
				but not exceeding $15,000 per grant award. The grantee's share shall be at
				least 25% of the total eligible costs of the clean sweep program. The grantee's
				share may consist of salaries, benefits, the cost of construction or remodeling
				facilities to be used as collection sites, and the cost of materials utilized
				to provide clean sweep program related services including, but not limited to,
				grant administration, program planning and coordination, information-education
				promotional activities, and final report preparation. The state's share of the
				grant shall be used primarily for training clean sweep program collection site
				operators and for the professional services required for collecting, handling,
				packing, transporting, and disposal of household hazardous waste.
(3) GRANT PAYMENTS. After an applicant has
				accepted a grant offer, the department shall pay to the applicant 75% of the
				total amount of the grant. The remaining 25% shall be paid to the applicant
				after submittal of the final report and final expenditures have been audited
				and approved, in writing, by the department. Documentation of program
				expenditures shall be submitted to the department within 30 days after
				completion of the clean sweep program or within 12 months after the date of
				grant acceptance, whichever occurs first. Any unexpended grant monies shall be
				returned to the department within 60 days after the department has completed
				its final audit of program expenditures and has notified the grantee, in
				writing, of the unexpended amount.