Wis. Admin. Code Department of Natural Resources NR 182.118

Current through August 26, 2024
Section NR 182.118 - Environmental fees
(1) ENVIRONMENTAL REPAIR FUND. All owners or operators of licensed mining waste disposal facilities shall pay to the department an environmental repair fee for each ton of waste received and disposed of at the facility, until the facility no longer receives waste and begins closure activities. The environmental repair fee shall be as specified in s. 289.67(1), Stats.
(2) GROUNDWATER FUND. All owners or operators of licensed mining waste facilities shall pay to the department a groundwater fee for each ton of waste received and disposed of at the facility, until the facility no longer receives wastes and begins closure activities. The amount of the groundwater fee shall be as specified in s. 289.63(3), Stats. The department shall deposit all groundwater fees into the groundwater fund as provided for in s. 25.48, Stats.
(3) SOLID WASTE FACILITY SITING BOARD FEE. All owners or operators of licensed mining waste facilities shall pay to the department a solid waste facility siting board fee for each ton or equivalent volume of waste or that is disposed of at the mining waste facility. The amount of the solid waste facility siting board fee shall be as specified in s. 289.64(3), Stats. The fees collected under this subsection shall be credited to the appropriation under s. 20.370(4) (eg), Stats., for transfer to the appropriation under s. 20.505(4) (k), Stats.
(4) CERTIFICATION AND PAYMENT OF FEES.
(a)Certification of waste received. The owner or operator of a licensed mining waste facility shall certify, on a form provided by the department, the amount of waste received and disposed of during the preceding reporting period. The department shall specify the term of the reporting period on the certification form. The department shall mail the certification form to the owner or operator every January. The certification form shall be completed and returned to the department within 45 days after mailing of the form by the department to the owner or operator.
(b)Payment of fees. Based on information certified by the owner or operator under par. (a), the department shall mail notice of fees due in May and the owner or operator shall within 30 days after mailing of the fees notice, remit the appropriate fees to the department. An owner or operator failing to remit the appropriate fees within 30 days after mailing of the fees notice to the owner or operator shall pay a late processing fee of $50.00 in addition to the appropriate fees.
(5) DETERMINATION OF WASTE TONNAGES. The owner or operator shall, subject to department approval, use one of the following methods for determining the number of tons of waste received and disposed of at the mining waste facility for purposes of certification under sub. (4):
(a) The owner or operator may use actual weight or volume records as recorded under s. NR 182.114(1) (b) 1. b.
(b) The owner or operator may establish by field measurement the volume of waste disposed and convert to a weight using an assumed compaction density.

Wis. Admin. Code Department of Natural Resources NR 182.118

Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in numbering of section made under s. 13.92(4) (b) 1, Stats., Register December 2021 No. 792, eff. 1/1/2022