Section NR 135.52 - Department assistance(1) In order to assist regulatory authorities in the development, implementation and administration of nonmetallic mining reclamation programs, the department may provide training workshops, written materials and technical assistance addressing how to establish and implement a nonmetallic mining reclamation program. The department may make computer software available to regulatory authorities to assist in record keeping and in the generation of standard forms. Note: Specific mine safety training for reclamation inspectors may be made available through the department of safety and professional services or the federal mine safety and health administration.
(2) Any party may request the department's technical or administrative opinion to interpret, clarify or to otherwise facilitate progress in permitting matters or in the resolution of any other matter between a regulatory authority and a nonmetallic mine operator.(3)(a) Any party may request the department's written technical or administrative opinion in a matter involving a dispute between a regulatory authority and a nonmetallic mine operator.(b) The party should provide a written request detailing the nature and facts of the dispute, a history of previous attempts to resolve the matter, a precise description of the issue or issues where dispute exists and upon which the department is requested to render its technical or administrative opinion.(c) The department shall respond to requests for technical or administrative opinions in writing within 10 days of receipt of the request indicating whether or not it will render a formal opinion on the matter. If the department acts to provide an opinion, it shall render its written opinion within 45 days of receipt of the request for a technical or administrative opinion. This timeframe may be extended where circumstances such as a lack of sufficient information prevent the department from rendering a valid technical or administrative opinion. In reaching its opinion, the department shall provide an opportunity for all parties to the dispute to provide relevant information and may consider the following: the need for a timely and expeditious resolution, environmental or health risk, economic hardship, whether the opinion is important to statewide program consistency considering significant departure from consistent administration of this chapter's programs and to the uniform application of reclamation standards, or whether its opinion is precedent setting, or any other factors the department deems relevant.Wis. Admin. Code Department of Natural Resources NR 135.52
Cr. Register, September, 2000, No. 537, eff. 12-1-00; CR 06-024: r. and recr. Register November 2006 No. 611, eff. 12-1-06.If the dispute is not resolved as a result of the department's opinion, any person who meets the requirements of s. 227.42(1), Stats., may obtain a contested case hearing under s. 68.11, Stats., on a county or municipal regulatory authority's decision to issue, deny or modify a nonmetallic mining reclamation permit. Please see s. NR 135.30(1) for more information on appeals procedures.