NR 182.109(2)(b)4.a.
a. Initial site preparations and construction methods relating to clearing and grubbing, topsoil stripping, and other excavations.
NR 182.109(2)(b)5.
5. A certification plan for initial site preparations that specifies a schedule of field measurements, photographs to be taken, sampling and testing procedures to be utilized to verify that the in-field conditions encountered were the same as those defined in the feasibility report and that documents that the site was constructed according to the engineering plans and specifications.
NR 182.109(2)(b)6.
6. A description of storm water management at the time of initial construction, during phased development, and after closure of the mining waste facility that includes all of the following:
NR 182.109(2)(b)6.b.
b. A detailed description of temporary and permanent erosion and sediment control measures to be used to accomplish the concepts in s.
NR 182.106 (3).
NR 182.109(2)(b)6.c.
c. The specifications for the design of sediment basins, culverts, drainage ditches, auxiliary sediment traps, and the anticipated extent of cleared ground and stockpiles during each major phase of facility development.
NR 182.109(2)(b)6.e.
e. The tentative schedules for the following activities: cleaning sediment basins and ditches; seeding and stabilization of stockpiles and drainage channels; and topsoil placement, seeding, and stabilization of disturbed areas and areas affected by erosion.
NR 182.109(2)(b)7.
7. A summary of soil testing protocols and soil specification related to facility construction that includes all of the following:
NR 182.109(2)(b)7.a.
a. The proposed testing schedule to document the placement of all general soil fill and backfill, base liner, final cover layers and all venting or drainage layers used in any phase of development or closure. The report shall contain an explicit statement and description of testing methods.
NR 182.109(2)(b)7.b.
b. The proposed gradations of soil materials and the proposed size of the perforations used in leachate collection system piping and the drainage layer in the final cover system. The report shall include an analysis of the pipe and soil materials to demonstrate whether the gradation of sand and gravel and the pipe opening sizes are stable and self-filtering. The report shall describe the use of filter layers or other mechanisms used to maintain the porosity in the leachate collection blanket, collection trenches and sumps.
NR 182.109(2)(b)8.
8. A proposed program to monitor the volume and quality of groundwater, surface water, unsaturated zone, and leachate. The proposed monitoring program shall include a table listing frequencies of sampling, parameters to be analyzed, and a schedule for the anticipated installation or abandonment of sampling points. The table shall indicate existing and proposed sampling points and devices and the anticipated periods during which the points and devices will be monitored before mining waste facility development, during each major phase of facility development, and during the period of long-term care.
NR 182.109(2)(b)8m.
8m. A list of all groundwater elevation data collected from all groundwater sampling points subsequent to preparation of the feasibility report.
NR 182.109(2)(b)9.
9. A description of typical daily operations including all of the following:
NR 182.109(2)(b)9.a.
a. Discussion of the timetable for the construction of each phase of liner or final cover.
NR 182.109(2)(b)9.c.
c. Typical waste handling techniques and methods for handling unusual waste types.
NR 182.109(2)(b)10.
10. A description of the mining waste facility operations and the development of subsequent phases. A description required under this subdivision shall define the critical stage of waste disposal for each phase as it relates to the start of construction of subsequent phases. The purpose of this planning is to ensure that the scheduling of future construction takes into account the length of the construction season, limitations imposed by weather and season, and the capacity remaining in existing phases such that an orderly transition is maintained. The report shall describe the anticipated construction in each phase for storm water management, monitoring, abandonment of fill areas, and the installation and maintenance of leachate control structures.
NR 182.109(2)(b)11.
11. A description of facility operations, actions taken when phases of the facility reach final waste grades, and closure of phases at final waste grades. The report shall include a discussion of the anticipated sequence of the required events for closure of the facility and a discussion of those actions necessary to prepare the facility for long-term care and final use.
NR 182.109(2)(b)12.
12. A proposed long-term care schedule that describes the procedures to be utilized for the inspection and maintenance of cover vegetation, storm water control structures, refuse or ground surface settlement or siltation, erosion damage, leachate control features, leachate and groundwater monitoring, and other long-term care needs. The report shall include a final use plan for the facility and shall be consistent with the reclamation plan submitted under ch.
NR 131 or
132.
NR 182.109(2)(b)13.
13. The specifications for construction, operation, and closure of the facility. These specifications shall include detailed instructions to the operator and any contractors for all aspects of construction and operation. References to specifications on the plan sheets shall be described. The specifications under this subdivision may include information such as geosynthetic material installation instructions, tank manufacturer installation instructions and pump performance criteria, materials, and construction methods for sideslope risers, sidewall penetrations, sump areas, and all piping located outside the limits of filling.
NR 182.109(2)(b)14.
14. All design calculations and an explanation of those calculations that will facilitate department review, including a discussion of all calculations, such as base liner and final covering soils materials needs related to available borrow soil volumes, stockpile sizing estimates, required interface shear strength, and shear strength of the soil materials where the interfaces evaluated include the upper and lower interfaces for all geosynthetics such as geomembranes, geotextiles, and geosynthetic clay liners, design of the storm water management system, infiltration and leachate collection, and leakage volumes. All calculations shall be summarized with the detailed equations presented in the appendix of the report. References to the appropriate plan sheets from which variables are obtained for these calculations shall be included in these summaries.
NR 182.109(2)(b)15.
15. A slope stability analysis of any mining waste facility dams and embankments taking into consideration all of the following:
NR 182.109(2)(b)15.a.
a. Geology of the mining waste facility including type and homogeneity of the foundation.
NR 182.109(2)(b)15.c.
c. Engineering modifications to be included in the design and interim and final waste slopes for all waste facilities, incorporating in-field waste densities, settlement, leachate recirculation, precipitation, and any other factors that affect strength of waste or final cover. The analyses shall include interior slopes between filling phases and exterior slopes after attainment of waste final grades.
NR 182.109(2)(b)15.d.
d. Haul roads and access ramps on interim slopes at waste final grades and on final cover, including passive load of cover soils and dynamic loads due to construction, hauling, and maintenance vehicles.
NR 182.109(2)(b)15.e.
e. Physical and chemical characteristics of the waste as deposited and predicted changes through time.
NR 182.109(2)(b)15.g.
g. Potential area to be affected in case of failure, considering land use and the surrounding environment.
NR 182.109(2)(b)16.
16. A detailed analysis of the costs associated with closure of the facility and the cost of completing all tasks related to long term care of the facility for each year of the long-term care period. All assumptions used in developing the cost estimates shall be listed, including sources of the cost estimates and rationale for the selected cost factors. The anticipated operating life and replacement schedule of all engineering design features shall be addressed and reflected in the cost estimates. The analysis shall specify the proposed methods of establishing proof of financial responsibility required under s.
289.41, Stats.
NR 182.109(2)(b)17.
17. An analysis of the reasonably anticipated costs during the period between 40 and 250 years after closure of the mining waste facility to repair or replace any engineered cover systems or tailings water management control systems used at the mining site or mining waste site to avoid adverse environmental consequences. The report shall list all assumptions used in developing the cost estimates, including sources of the cost estimates and rationale for the selected cost factors. The anticipated operating life and replacement schedule of all engineering design features shall be addressed and reflected in the cost estimate. The analysis shall specify the proposed methods of establishing proof of financial responsibility required under s.
293.51 (1r), Stats.
NR 182.109(2)(b)18.
18. An appendix that includes lists of the references used and includes any additional data not previously presented, supplemental design calculations, material specifications, operating agreements, such as draft leachate treatment agreements or signed soil borrow agreements, documents related to long-term care funding, and other appropriate information.
NR 182.109(2)(c)
(c) For a plan of operation for any facility that includes a composite liner or composite capping layer or that utilizes a geomembrane for a liner or utilizes a geomembrane or geomembrane-GCL for a capping layer, all of the following design details and specifications for the geosynthetic components together with any additional requirements specified by the department for other geosynthetic materials used in significant structural features of the mining waste facility:
NR 182.109(2)(c)1.
1. A description of the proposed geomembranes, GCLs and other geosynthetics to be used in construction of the facility, including resins and additives, physical properties, bentonite characteristics, chemical resistance properties and potential suppliers. For GCLs, this shall include identification of the geotextile properties and reinforcement.
NR 182.109(2)(c)2.
2. The design calculations that demonstrate the stability of the facility and its components against failure along potential failure surfaces, such as the leachate collection system and final cover, during operations as well as after closure. Potential failure surfaces considered shall include the interfaces both below and above the geomembrane in the liner and final cover. Potential failure scenarios considered shall include both saturated and unsaturated conditions for the cover. The design calculations may use typical data or specifications from technical literature rather than values from testing of site-specific materials if the sources of the typical data or specifications and the test methods used to generate the data or specifications are cited with the calculations and a safety factor of at least 1.3 is used to assess stability.
NR 182.109(2)(c)3.
3. The construction methods and supervisory controls for preparing the surface of the topmost lift of compacted clay prior to the installation of a geomembrane or soil barrier layer prior to installation of a GCL. The plan of operation shall propose inspection methods and removal of coarse gravel or cobbles after rolling the topmost lift of compacted clay or soil barrier layer to achieve a smooth surface.
NR 182.109(2)(c)4.a.
a. The measures to be taken to store and protect all geomembranes, GCLs, and geocomposite drains.
NR 182.109(2)(c)4.b.
b. The measures to transport geomembrane, GCL, and geocomposite drain panels from storage to the working area.
NR 182.109(2)(c)4.c.
c. The construction methods to be used to place geomembrane, GCL, and geocomposite drain panels.
NR 182.109(2)(c)5.
5. The proposed orientation of all geomembrane and GCL panels for the facility liner and capping layer in relation to slope, collection trenches, penetrations, anchor trench and phase boundaries, seaming methods, and phased construction.
NR 182.109(2)(c)6.
6. The design details of geomembrane and GCL seams and seaming methods, anchor trenches, patches, collars for all penetrations, installation in corners, and leachate collection trenches. The plan of operation shall describe acceptable working conditions for geomembrane, GCL and geocomposite drain installation, installation instructions for working under weather variations and extremes, and criteria for halting or limiting GCL and geomembrane installation.
NR 182.109(2)(c)7.
7. The proposed methods for testing welds or other joining methods for geomembranes and other components or penetrations if geomembranes used in previously constructed phases are obtained from different manufacturers or are made from different resins. The plan of operation shall also include measures to preserve the edges of geomembranes and GCLs to be joined to future phases and describe measures to repair all geomembrane, GCL and geocomposite drain defects, unacceptable wrinkling, and unacceptable seams.
NR 182.109(2)(c)8.
8. The construction methods for placing the leachate collection system, sump backfill, and sideslope riser over the composite liner; placement of the first 10 feet of waste materials over the leachate collection system; and placing the subsurface drain layer and rooting zone soils over the composite cap. The measures under this subdivision shall assure that the geomembrane and GCLs are not damaged by construction of soil layers, placement or compaction of wastes, waste consolidation, or mass movements or puncturing of the geomembrane.
NR 182.109(2)(c)9.
9. A construction quality control plan that will be followed by all contractors preparing the surface of the compacted clay liner or soil barrier layer, constructing the geomembrane liner, or placing drainage blanket. The construction quality control plan shall describe how progress in construction, as well as any variations from the approved plans, will be recorded and reported. The construction quality control plan shall include means for determining and documenting all of the following:
NR 182.109(2)(c)10.
10. A construction quality assurance plan that will be followed by the registered professional engineer and qualified technician responsible for evaluating the construction and ensuring that the fabrication and installation meet design specifications. The construction quality assurance plan shall include continuous observation of all aspects of geomembrane, GCL, and geocomposite drain installation activities by qualified engineers or technicians. The construction quality assurance plan applicable to liner and cover system components shall include use of nondestructive and destructive testing of seams and samples and shall follow a schedule of tests and associated frequencies in a manner that is consistent with the requirements of s.
NR 516.07. The construction quality assurance plan shall include proposed methods of verifying the acceptability of the prepared subgrade, repairs, patches, penetrations, seams, and adaptations by the owner and contractors to unforeseen conditions.
NR 182.109(2)(c)11.
11. A construction quality assurance plan for conducting a leak location survey on the installed geomembrane. The leak location survey shall be conducted after placement of the leachate collection layer for a composite liner. The quality assurance plan shall include continuous observation of all aspects of the leak location survey testing by qualified professional engineers or technicians. The quality assurance plan shall include use of nondestructive methods to detect, locate, and verify repairs of defects in geomembrane. The quality assurance plan may include electrical resistivity testing or other testing methods acceptable to the department.
NR 182.109(2)(d)
(d) A contingency plan to prevent or minimize human health and environmental impacts in the event of an accidental or emergency discharge or other condition not anticipated in the feasibility report or plan of operation that does not comply with license conditions or other applicable standards. As a minimum, the contingency plan shall do all of the following:
NR 182.109(2)(d)1.
1. Follow the provisions of
33 USC 1251 et seq. related to spill prevention, control and counter-measures plan, as applicable.
NR 182.109(2)(d)3.
3. For the various monitoring programs required by this chapter, indicate threshold levels that, if exceeded, trigger implementation of the contingency plan.
NR 182.109(2)(d)4.
4. Include a provision for additional monitoring locations, more frequent monitoring, additional sampling parameters, or other types of monitoring in the area of any excessive measurement.
NR 182.109(2)(d)5.
5. Describe possible accidental or emergency discharges or other unplanned events and identify the corresponding corrective action or alternative action to be implemented if the criteria for action are exceeded.
NR 182.109(2)(d)6.
6. Identify the time necessary for successful completion of each of the identified actions.
NR 182.109(2)(d)7.
7. Provide for revisions in cases of changed circumstances, changed regulations, or failure of the plan to be adequate in an emergency.
NR 182.109(2)(e)
(e) Proof that a notation of the existence of the facility has been recorded in the office of the register of deeds in each county in which a portion of the facility is located. Owners of facilities applying for re-licensure need only submit this proof if the legal description of the facility has changed from that identified previously.
NR 182.109(3)(a)
(a) The department shall review a plan of operation submitted under this chapter in accordance with the time limitations specified in ss.
293.40 and
293.495, Stats.
NR 182.109(3)(b)
(b) The department may not approve or disapprove a plan of operation unless the applicant has obtained a favorable determination of feasibility for the mining waste facility. The department shall either approve or disapprove the plan of operation in writing within the time limits specified in s.
293.40 or
293.495, Stats., or within 60 days after the department issues a determination of feasibility if the determination is not issued as part of its decision following the hearing held under s.
293.43, Stats.
NR 182.109 History
History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (2) (d) 1. made under s. 35.17, Stats., Register December 2021 No. 792. NR 182.1095
NR 182.1095 Preconstruction meetings and reporting. NR 182.1095(1)(1)
For composite-lined or composite-capped mining waste facilities, the department shall schedule a preconstruction meeting with representatives of the owner prior to the initiation of construction for each phase of construction of the geomembrane component of the liner or cap. At a minimum, the meeting shall include the design engineer, the appropriate department district and central office staff, the engineer or engineers responsible for quality assurance of all aspects of construction, and the geomembrane installer. The department shall use the meeting to clarify or confirm design changes, acceptability of selected construction materials, and construction concepts or practices required in the approved plan of operation or identified in the preconstruction report.
NR 182.1095(2)
(2) The owner shall prepare a preconstruction report for construction of each phase of a composite liner as well as each phase of a composite capping or cover layer. The department may also require a preconstruction report for each phase of construction that utilizes other geosynthetics, or when other geosynthetic materials are used in significant structural features of the facility. The owner shall submit the preconstruction report to the department no later than 15 days prior to each of the preconstruction meetings under sub.
(1) for the construction of the geomembrane component of a composite liner or a composite capping layer. Unless otherwise specified, the owner shall submit 3 copies of each preconstruction report to the appropriate department office as directed by the department. The preconstruction report shall include all of the following:
