NR 182.103(42)(a)(a) “Mining waste" or “nonferrous mining waste” means any refuse, sludge, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material, resulting from nonferrous metallic mineral prospecting or mining, or from the cleaning, preparation or concentration of nonferrous metallic minerals during prospecting or mining operations.
NR 182.103(42)(b)
(b) “Mining waste” include tailings, waste rock, mine overburden, and waste treatment sludges.
NR 182.103(42)(c)
(c) “Mining waste” does not include topsoil and mine overburden not disposed of in a waste site, but placed in a facility permitted under ch.
NR 131 or
132, to be returned to the mine site or used in the reclamation process, and does not include merchantable by-products.
NR 182.103(42)(d)
(d) “Mining waste” does not include trees and other vegetation removed from the mining site during site preparation and facility construction.
NR 182.103(43)
(43) “Monitoring" means all procedures used to systematically inspect and collect data on the performance of a facility relating to leachate and gas production or the effect on the quality of the air, groundwater, surface water, unsaturated zone, or soils.
NR 182.103(44)
(44) “Non-mining solid waste” means solid waste generated as part of a nonferrous prospecting or mining operation that is not mining waste and includes materials such as discarded vegetation, tires, barrels, sanitary waste, and various other solid waste materials defined in ch.
NR 500, including construction and demolition waste, garbage, commercial solid waste and municipal solid waste.
NR 182.103(45)
(45) “Operator" means the person who is responsible for the overall operation of a nonferrous mining waste facility or for part of a nonferrous mining waste facility.
NR 182.103(46)
(46) “Ore" means a naturally occurring material from which nonferrous metallic minerals can be recovered at a profit.
NR 182.103(47)
(47) “Overburden" means any unconsolidated geologic material such as till, sand and gravel, or weathered bedrock that may be removed during mining.
NR 182.103(48)
(48) “Owner" means any person who owns a nonferrous mining waste facility or part of a nonferrous mining waste facility whether individually, jointly, or through subsidiaries, agents, employees, or contractors.
NR 182.103(49)
(49) “Person" means an individual, trust, firm, cooperative, institution, joint stock company, corporation, including a government corporation, partnership, association, state, municipality, commission, political subdivision of a state, interstate body, or federal or state department, agency, or instrumentality.
NR 182.103(50)
(50) “Plan of operation" means a report submitted for a nonferrous mining waste disposal site or facility that describes its location, design, construction, sanitation, operation, maintenance, closing, and long-term care.
NR 182.103(51)
(51) “Pollution" means the contaminating or rendering unclean or impure the air, land, or waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal, or plant life.
NR 182.103(53)
(53) “Proof of financial responsibility" means a deposit or other financial instrument in compliance with ss.
289.41 and
293.51 (1g), Stats., ensuring that sufficient funds will be available to comply with the closure and long-term care requirements of this chapter and the approved plan of operation.
NR 182.103(55)
(55) “Reclamation plan" means the proposal for the reclamation of the nonferrous prospecting or mining site, including the closure of a mining waste disposal site or facility, that is approved by the department under s.
293.45 or
293.49, Stats., and ch.
NR 131 or
132 as part of the prospecting or mining permit.
NR 182.103(57)
(57) “Soil" means material that has been physically and chemically derived from the bedrock by nature.
NR 182.103(59)
(59) “Statistically significant change" means an amount of change determined by the use of valid statistical procedures for measuring significance at a level of 0.05.
NR 182.103(60)
(60) “Storage" means the temporary placement of nonferrous mining waste in such a manner as to not constitute ultimate disposal, in compliance with a mining permit or prospecting permit and plans approved under this chapter.
NR 182.103(61)
(61) “Tailings" means waste material resulting from the washing, concentration, chemical extraction or treatment of crushed ore.
NR 182.103(62)
(62) “Termination" means the final actions taken by an owner or operator of a nonferrous mining waste facility when formal responsibilities for long-term care cease.
NR 182.103(63)
(63) “Topsoil" means natural loam, sandy loam, silt loam, silt clay loam, or clay loam humus-bearing soils or other material that will easily produce and sustain dense growths of vegetation capable of preventing wind and water erosion of the material itself and other materials beneath.
NR 182.103(65)
(65) “Waste rock" means consolidated rock that has been removed during mining or prospecting but is not of sufficient value at the time of removal to constitute an ore.
NR 182.103(66)
(66) “
Waste site" or “waste sites and facilities" means any land or appurtenances used for the storage or disposal of nonferrous mining waste, but does not include land or appurtenances used in the production or transportation of nonferrous mining waste, such as the concentrator, haul roads, or tailings pipelines, which are permitted under ch.
NR 131 or
132.
NR 182.103(67)
(67) “Well" means any drillhole or other excavation or opening constructed for the purpose of obtaining or monitoring groundwater.
NR 182.103(68)
(68) “Well nest" means 2 or more wells installed within 10 feet of each other at the ground surface and constructed to varying depths.
NR 182.103(69)
(69) “Wetland" means an area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and that has soils indicative of wet conditions.
NR 182.103 History
History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (15), (51) made under s. 35.17, Stats., Register December 2021 No. 792. NR 182.104
NR 182.104 General submittal requirements. Unless otherwise specified in this chapter, all submittals for review and approval of any feasibility report, plan of operation, construction documentation report, or closure plan shall include the following:
NR 182.104(1)
(1)
Paper and electronic copies. Unless otherwise specified, an applicant shall submit 5 paper copies and one electronic copy of the plan or report prepared pursuant to the appropriate section of this chapter, and an additional reproducible digital or electronic copy of any plan sheets or drawings submitted as a part of the plan or report. The paper copies and electronic copies shall be submitted to the department's waste and materials management program in Madison unless otherwise specified by the department. The complete electronic copy of the report and the separate digital or electronic copy of any plan sheets or drawings shall be provided in formats and on media acceptable to the department.
NR 182.104(2)
(2)
Cover letter. An applicant shall prepare a letter detailing the desired department action or response in reference to the submittal.
NR 182.104(3)(a)(a) An applicant shall prepare and submit the reports and plan sheets under the seal of a licensed professional engineer. In addition, the applicant shall include the following certification:
“I, __________________________, hereby certify that I am a licensed professional engineer in the State of Wisconsin in accordance with the requirements of ch.
A-E 4, Wis. Adm. Code; that this document has been prepared in accordance with the Rules of Professional Conduct in ch.
A-E 8, Wis. Adm. Code; and that, to the best of my knowledge, all information contained in this document is correct and the document was prepared in compliance with all applicable requirements ch.
NR 182, Wis. Adm. Code."
NR 182.104(3)(b)
(b) An applicant shall prepare feasibility reports, plans of operation, site investigation, and any other reports that require interpretation of geology or hydrogeology under the seal of a licensed professional geologist. In addition, an applicant shall include the following certification:
“I, __________________, hereby certify that I am a licensed professional geologist in the State of Wisconsin in accordance with the requirements of ch.
GHSS 2, Wis. Adm. Code; that the preparation of this document has not involved any unprofessional conduct as detailed in ch.
GHSS 5, Wis. Adm. Code; and that, to the best of my knowledge, all information contained in this document is correct and the document was prepared in compliance with all applicable requirements in ch.
NR 182, Wis. Adm. Code."
NR 182.104(4)
(4)
Technical procedures. An applicant shall use the current standard procedures as specified by ASTM International, USGS, U.S. environmental protection agency's standard methods for the examination of water and wastewater, or other equivalent or appropriate methods approved by the department to complete all technical procedures used to investigate a mining waste facility. An applicant shall specify the test procedures used in the report. An applicant shall explain in detail, with reasons provided, any deviation from a standard method used in the report.
NR 182.104(5)
(5)
Visuals. An applicant shall provide maps, figures, photographs and tables to clarify information or conclusions. The visuals shall be legible and submitted in reproducible printed form and electronic format, specified by the department. All paper copies of maps, plan sheets, drawings, isometrics, cross-sections and aerial photographs shall meet all of the following requirements:
NR 182.104(5)(a)
(a) Printed visual materials may not be larger than 32 inches by 44 inches and may not be smaller than 8 1/2 inches by 11 inches. Printed photographs may not be smaller than 4 inches by 6 inches. Engineering plans shall be drawn on standard 24 inch by 36-inch plan sheets, except that if facility details cannot be adequately depicted on standard plan sheets at a 1:100 scale, the engineering plans may be drawn on 30 inch by 42 inch plan sheets.
NR 182.104(5)(b)
(b) Be of appropriate scale to show all required details in sufficient clarity.
NR 182.104(5)(c)
(c) Be numbered, referenced in the narrative, titled, have a legend of all symbols used, contain horizontal and vertical scales, where applicable, and specify drafting or origination dates.
NR 182.104(5)(g)
(g) Contain a survey grid based on monuments established in the field that utilizes a coordinate system and datum acceptable to the department.
NR 182.104 Note
Note: Examples of acceptable coordinate systems include state plane, Universal Transverse Mercator, and Wisconsin Transverse Mercator.
NR 182.104(5)(h)
(h) Show original topography and the grid system on all plan sheets showing construction, operation, or closure topography. For complex plans, existing conditions within the mining waste facility area may be shown by lighter lines or may be eliminated.
NR 182.104(5)(i)
(i) Show survey grid location and reference major plan sheets on all cross-sections. A reduced diagram of a cross-section location plan view map shall be included on the sheets with the cross-sections.
NR 182.104(6)
(6)
Table of contents. An applicant shall include a table of contents listing all sections of the submittal.
NR 182.104 History
History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (3) (b) made under s. 35.17, Stats., Register December 2021 No. 792. NR 182.105
NR 182.105 Location criteria. No person may establish, construct, operate, maintain, or permit the use of property for a nonferrous mining waste facility within any of the following areas, except pursuant to an exemption granted under s.
NR 182.119:
NR 182.105(2)
(2) Within 1,000 feet of any navigable lake, pond, or flowage.
NR 182.105(3)
(3) Within 300 feet of a navigable river or stream.
NR 182.105(5)
(5) Except when the site is screened by natural objects, plantings, fences, or other appropriate means so as to be as aesthetically pleasing and inconspicuous as is feasible, within 1,000 feet of the nearest edge of the right-of-way of any of the following:
NR 182.105(5)(a)
(a) Any state trunk highway, interstate highway, or federal primary highway.
NR 182.105(5)(c)
(c) The boundary of a scenic easement purchased by the department or the department of transportation.
NR 182.105(5)(f)
(f) A bike or hiking trail designated by the United States congress or the state legislature.
NR 182.105(6)
(6) Within 1,200 feet of any public or private water supply well.
NR 182.105(7)
(7) Within an area that contains known mineral resources at the time of initial application that are likely to be mined in the future and lie within 1,000 feet of the surface.
NR 182.105(8)
(8) Within 200 feet of a fault that has had displacement in Holocene time.
NR 182.105(12)
(12) Within an area where the department, after investigation, finds that there is a reasonable probability that disposal of mining waste within such an area will result in a violation of applicable surface water quality criteria and standards as specified in chs.
NR 102 to
104.
NR 182.105(13)
(13) Within an area where the department finds, after investigation, there is a reasonable probability that disposal of mining waste within such an area will cause groundwater quality enforcement standards to be attained or exceeded beyond the design management zone specified in s.
NR 182.107.
NR 182.105 History
History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2021 No. 792. NR 182.106
NR 182.106 Minimum design and operation requirements. NR 182.106(1)(1)
An operator shall locate, design, construct, and operate a waste site or facility approved and licensed by the department under this chapter to meet all of the following requirements:
NR 182.106(1)(c)
(c) Comply with ch.
283, Stats., if the facility has a storm water discharge or a point source discharge to the waters of the state, including any point source discharge from a leachate or surface water runoff collection system.
NR 182.106(1)(d)
(d) Have the approval of the municipal authority for a point source discharge regulated under ch.
283, Stats., if the facility discharges to a publicly owned treatment works.
NR 182.106(1)(e)
(e) Prevent air emissions from such site or facility from causing a violation of standards or rules promulgated under ch.
285, Stats.
NR 182.106(1)(f)
(f) Ensure consistency with the requirements of ch.
293, Stats., chs.
NR 131 and
132, and all permits and plans approved under those rules.
NR 182.106(2)
(2) In addition to all other requirements of this chapter, no person may construct, establish, operate, or maintain a waste site except in conformance with the conditions attached to the feasibility approval pursuant to the hearing under s.
293.43, Stats., the approved plan of operation, and all of the following requirements:
NR 182.106(2)(a)
(a) An operator may not deposit waste in a manner that the waste or leaching therefrom will result in a violation of any groundwater standard or surface water quality criteria or standards as specified in chs.
NR 102 to
104 or in this chapter.
NR 182.106(2)(b)
(b) An operator shall divert surface water drainage away from and off the active fill area and treat as necessary to ensure compliance with applicable water quality standards and criteria.
NR 182.106(2)(c)
(c) An operator shall restrict access to the site or facility, particularly the active disposal area, through the use of fencing, natural barriers, or other methods approved by the department.
