Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 182 - Nonferrous Metallic Mineral Mining Waste Management › Section NR 182.119 - Exemptions and modifications

Current through June 24, 2024
(1) AUTHORITY. The
				department may grant exemptions from the requirements of this chapter and
				modifications to any license, plan of operation, or other authority issued
				under this chapter as provided in s.
				293.15(9),
				Stats., if such exemptions or modifications are consistent with the purposes of
				this chapter and ch. NR 132 and will not violate any applicable federal or
				state law or regulation or rule.
(2) EXEMPTION AND VARIANCE REQUESTS SUBMITTED
				AS PART OF THE APPROVAL PROCESS UNDER S.
				293.40,
				STATS.
(a) To the extent feasible, an
				applicant shall submit all requests for exemptions or variances under this
				section as part of the mining waste site feasibility report or plan of
				operation and shall describe the grounds for the exemption or variance
				including documentation identifying the physical conditions that necessitate
				the exemption or variance, other reasons for the exemption or variance,
				discussion of any environmental impacts that will result from issuance of the
				exemption or variance, mitigation measures, if any, proposed to offset adverse
				impacts resulting from the exemption or variance, and the reasonableness of the
				exemption or variance.
(b) An
				applicant shall submit an application for an exemption or variance under this
				subsection no later than 60 days after the mining permit application is
				considered complete under s.
				293.495(1)
				(a) 2, Stats. The department may consider an
				application for an exemption or variance submitted after that time, but only if
				the application is received in time to allow the application to be considered
				at the public informational hearing for the mining permit and other approvals
				under s.
				293.43(3m),
				Stats.
(c) The department shall
				issue a decision on a request for an exemption or variance as part of the
				decision on the feasibility report and plan of operation under ss. NR 182.108
				and 182.109, except as provided in par. (d). The department shall grant the
				exemption or variance if all of the following conditions:
1. The exemption or variance is consistent
				with the purposes of this chapter and ch. 293, Stats.
2. The exemption or variance will not violate
				any applicable state environmental law outside of this chapter and ch. 293,
				Stats.
3. The exemption or variance
				will not endanger public health, safety, or welfare and will not result in
				significant adverse environmental impacts on or off the mining site.
(d) The department shall deny a
				request for an exemption or variance if granting the exemption or variance will
				result in a violation of federal law.
(e) If federal law imposes a standard for an
				exemption that differs from the standard in par. (c) and that cannot be
				modified by state law, and if that standard has been approved by the federal
				government for use by the state through a delegation agreement, federally
				approved state implementation plan, or other program approval, then the
				department shall determine whether to grant the request for the exemption using
				the federal standard.