Section NR 132.112 - Exemptions and variances(1) AUTHORITY TO GRANT EXEMPTIONS AND VARIANCES. The department may grant an exemption or variance, as provided in this section, from any of the requirements of this chapter applicable to any of the following: (a) A mining permit application, including the mining plan, reclamation plan, monitoring plan, mining waste site feasibility study, and mining waste site plan of operation.(2) EXEMPTION AND VARIANCE REQUESTS SUBMITTED AS PART OF THE MINING PERMIT APPLICATION PROCESS. (a) To the extent feasible, an applicant shall submit all requests for exemptions or variances under this section as part of an application for a mining permit or 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 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 mining permit under s. NR 132.114 and, except as provided in par. (d), the department shall grant the exemption or variance if it is consistent with the purposes of this chapter and ch. 293, Stats., will not violate any applicable state environmental law outside of this chapter and ch. 293, Stats., 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.(3) EXEMPTION AND VARIANCE REQUESTS SUBMITTED AFTER PERMIT APPLICATION REVIEW PERIOD AND BEFORE ISSUANCE OF MINING PERMIT. If an applicant submits a request for a variance or exemption under this section more than 60 days after the mining permit application is considered complete but before the department issues or denies the mining permit, the application for an exemption or variance shall be processed following the provisions of s. 293.495(1) (c), Stats.(4) EXEMPTION AND VARIANCE REQUESTS SUBMITTED AFTER ISSUANCE OF MINING PERMIT. The department shall process exemption and variance requests under this section submitted after issuance of a mining permit as a modification under s. 293.55, Stats., and s. NR 132.120.(5) REQUEST FOR FURTHER STUDY AND ANALYSIS. The department may require the applicant submitting the request for a variance or exemption to conduct specific studies and analyses and submit additional supporting documentation, as necessary, to facilitate the review of the request by the department.Wis. Admin. Code Department of Natural Resources NR 132.112
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1/1/2022