Section NR 132.123 - Enforcement(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.(6) The department may, after hearing, cancel the mining permit as provided in ss. 293.83(3) and 293.85, Stats.Wis. Admin. Code Department of Natural Resources NR 132.123
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1/1/2022