Section NR 182.119 - Exemptions and modifications(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.(3) EXEMPTION AND VARIANCE REQUESTS SUBMITTED AFTER FEASIBILITY REPORT AND PLAN OF OPERATION REVIEW PERIOD AND BEFORE ISSUANCE OF APPROVALS. If an applicant submits a request for a variance or exemption under this section more than 60 days after the feasibility report and plan of operation are considered complete but before the department issues or denies approval of the feasibility report or plan of operation, 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 FEASIBILITY REPORT AND PLAN OF OPERATION APPROVALS. 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) ADDITIONAL INFORMATION REQUESTS. 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 182.119
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) made under s. 35.17, Stats., Register December 2021 No. 792, eff. 1/1/2022