Section 133.09. Preliminary project description approval.

 

(1)  Any explorer who holds a valid exploration license and intends to conduct radioactive waste site exploration in this state shall submit 15 copies of the preliminary project description to the department for each county in which drilling is expected to occur. The preliminary project description shall include, at a minimum, the identification of affected parcels, the proposed number and anticipated depth and diameter of the drillholes, the proposed methods of construction and termination, a description of site access, documentation that the explorer has applied for or intends to apply for necessary approvals and permits required under other applicable state laws and rules and local ordinances and the projected date of commencement of exploration. If the explorer is the federal department of energy or an agent or employee of the federal department of energy, the preliminary project description must include evidence that the radioactive waste review board has certified that the explorer has complied with any requirement imposed by the radioactive waste review board under s. 196.497 , Stats., or any agreement entered into under that section. The preliminary project description shall be submitted to the department at least 120 days prior to the proposed date of commencement of exploration and shall be considered as submitted on the date of its receipt by the department. Upon receipt, the department shall provide copies of the preliminary project description to the radioactive waste review board and the Wisconsin geological and natural history survey. The explorer shall also submit a copy of the preliminary project description to the county clerk of the county, within which the radioactive waste site exploration is to take place.

(2)  Each preliminary project description shall be accompanied by a fee of $1500 which shall cover the cost to the department of evaluating the preliminary project description and preparing for and conducting the hearing under s. 293.25 (2) (c) , Stats. After issuance of a decision under sub. (6) the department may revise the fee to reflect actual costs incurred.

(3)  Upon receipt of a complete preliminary project description, the department shall determine, under s. NR 150.20 , whether a statement under s. 1.11 , Stats., is required for the proposed exploration. In making this determination the department shall limit its consideration of environmental effects to those impacts associated with the proposed radioactive waste site exploration. The department may require the explorer to submit additional information concerning the proposed exploration. If it is determined that a statement under s. 1.11 , Stats., is required, the explorer shall reimburse the department for the preparation of an Environmental Impact Statement under s. NR 150.40 .

(4)  Within 15 business days after completing the process required to comply with s. 1.11 , Stats., the department shall schedule the hearing under s. 293.25 (2) (c) , Stats. Notice of the hearing shall be published in the official newspaper designated under s. 985.04 or 985.05 , Stats., or if none exists, in a newspaper likely to give notice in the area of the proposed activity.

(5)  The hearing conducted under s. 293.25 (2) (c) , Stats., shall be held in the county where the radioactive waste site exploration is proposed to occur.

(6)  Within 60 business days of the close of the hearing record, the department shall issue or deny approvals authorizing drilling on the individual parcels identified in the preliminary project description. Each approval or denial shall be made in findings of fact, conclusions of law and an order setting forth reasons with clarity and in detail. The department may modify the explorer's preliminary project description in order to meet the requirements of ch. 293 , Stats. , and as modified grant the approval or may impose conditions on the approval as appropriate.

History: Cr. Register, May, 1985, No. 353 , eff. 6-1-85; corrections in (2) and (4) and (5) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1999, No. 526 ; corrections in (1) and (3) made under s. 13.92 (4) (b) 7., Stats., Register March 2011 No. 663 .