NR 182.106 HistoryHistory: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22. NR 182.107NR 182.107 Groundwater standards and evaluation. NR 182.107(1)(a)(a) Applicability. Notwithstanding the applicability provisions of s. NR 140.03, under the authority of ss. 293.15 (11) and 293.66, Stats., mining waste facilities regulated under this chapter and other facilities situated on a prospecting site regulated under ch. NR 131 or a mining site regulated under ch. NR 132, shall comply with the groundwater quality standards specified in ch. NR 140 as implemented in this section. NR 182.107(1)(b)1.1. The horizontal distance to the boundary of the design management zone for mining waste facilities regulated under this chapter shall be 1,200 feet from the limits of filling, unless reduced under s. NR 140.22 (3), or at the boundary of property owned or leased by the applicant, whichever distance is less. NR 182.107(1)(b)2.2. The horizontal distance to the boundary of the design management zone for a surface mine or surface prospecting excavation shall be 1,200 feet from the edge of the mine or prospecting excavation, unless reduced under s. NR 140.22 (3), or at the boundary of property owned or leased by the applicant, whichever distance is less. NR 182.107(1)(b)3.3. The horizontal distance to the boundary of the design management zone for an underground mine or prospecting excavation shall be 1,200 feet from the maximum outer edge of the underground prospecting or mine workings adjacent to the ore body as projected to the land surface, unless reduced pursuant to s. NR 140.22 (3), or at the boundary of property owned or leased by the applicant, whichever distance is less. NR 182.107(1)(b)4.4. The horizontal distance to the boundary of the design management zone for facilities, other than the prospecting excavation, mine, and mining waste facility, situated on a prospecting site regulated under ch. NR 131 or a mining site regulated under ch. NR 132, shall be as specified in Table 4 of ch. NR 140, if listed, or 150 feet from the edge of the facility, unless expanded or reduced under s. NR 140.22 (3), or at the boundary of property owned or leased by the applicant, whichever distance is less. NR 182.107(1)(c)1.1. For facilities located on a mining or prospecting site or any activity that will take place under a mining or prospecting permit or under another approval related to a mining or prospecting operation, the department shall determine the depth of useable groundwater. NR 182.107(1)(c)2.2. For an activity regulated under a mining or prospecting permit or another approval related to the mining or prospecting operation, the department may not apply a groundwater enforcement standard at any point that is deeper than the depth of useable groundwater. NR 182.107(1)(d)(d) Mandatory intervention boundary. The horizontal distance to the mandatory intervention boundary for a mining waste facility or a surface or underground mine or prospecting excavation shall be 150 feet from the limits of filling, the outer edge of the mine or prospecting excavation, or the outer edge of the underground workings as projected vertically to the land surface, unless the boundary of the design management zone is within 300 feet of the outer waste boundary, mine, prospecting excavation, or underground prospecting, or mine workings. In no case may the mandatory intervention boundary extend more than one half the distance from the limits of filling, mine, prospecting excavation, or underground prospecting or mine workings to the boundary of the design management zone. The mandatory intervention boundary shall apply as provided in subs. (1s) and (1u). NR 182.107(1p)(1p) Substances without a standard under ch. nr 140. For any substance for which there is not an enforcement standard and preventive action limit in ch. NR 140, the waste site, mine and other facilities on a mining site may not cause concentrations that have a substantial deleterious impact on a current beneficial use or a significant future beneficial use of groundwater, such as drinking, irrigation, aquaculture, maintenance of livestock, or maintenance of aquatic and terrestrial ecosystems, as designated by the department. NR 182.107(1s)(a)(a) As part of its plan of operation approval issued under s. NR 182.109 (3) (b), the department shall determine the adequacy of the contingency plan submitted by the applicant under s. NR 182.109 (2) (d) that specifies the action that will be taken if an analysis of groundwater samples requires a response under ss. NR 140.24 to 140.27 and this section. The contingency plan shall provide that the response protocol includes a comparison of the observed sampling results to the results of the original predictive modeling, completed as part of the feasibility report and mine permitting and environmental review processes, and updated predictive modeling completed subsequent to the start of operation. If the comparison indicates that the observed sampling results are consistent with the design and expected performance of the facility, and the sampling results indicate that an enforcement standard or a preventive action limit has not been exceeded within the depth of useable groundwater and beyond the mandatory intervention boundary, the operator may recommend a no response action in accordance with s. NR 140.24. NR 182.107(1s)(b)(b) If the analyses of groundwater samples collected as part of the operational groundwater monitoring program indicate that the quality of the groundwater is statistically significantly different from either baseline or background, the owner shall do all of the following: NR 182.107(1s)(b)2.2. Determine, if possible, the cause of the difference in quality, such as the result of a spill, a design failure, or an improper operation procedure. NR 182.107(1s)(b)3.3. Determine the extent of groundwater contamination or the potential for groundwater contamination. NR 182.107(1s)(b)4.4. Implement the applicable portion of the contingency plan and notify the department promptly of any additional remedial steps being taken. NR 182.107(1s)(c)1.1. If a preventive action limit or an enforcement standard has been exceeded within the depth of useable groundwater and beyond the mandatory intervention boundary, the department shall require a response in accordance with s. NR 140.24, but may not approve a no action response under s. NR 140.24 (5). NR 182.107(1s)(c)2.2. If a response under s. NR 140.24 (5) has previously been taken, and if subsequent monitoring results are consistent with updated predictive modeling projections and indicate that the groundwater standards will not be attained or exceeded within the depth of useable groundwater and at the design management zone, the department may determine that a no additional response is necessary. NR 182.107(1u)(a)1.1. The operator of a prospecting or mining site shall monitor groundwater quality at locations approved by the department along the mandatory intervention boundary and the boundary of the design management zone for the mining waste site and other facilities specified by the department. NR 182.107(1u)(a)2.2. The operator of a prospecting or mining site shall monitor groundwater quality at locations approved by the department within the mandatory intervention boundary and the design management zone for the mining waste site and other facilities specified by the department. NR 182.107(1u)(a)3.3. The department shall require intervention by the operator in accordance with the provisions of the contingency plan, submitted as part of the plan of operation under s. NR 182.109, when analyses of samples from monitoring points within the design management zone or within the mandatory intervention boundary show a reasonable probability that, without intervention, there may be a violation of the established groundwater quality standards at the boundary of the design management zone. The department shall use the results of the predictive modeling submitted by the applicant as part of the feasibility report, mining permit application, environmental impact report, and other information available to the department to determine criteria of “reasonable probability.” NR 182.107(1u)(a)4.4. The department may specify additional monitoring locations and tests needed to support a comparative analysis of the observed groundwater quality and the predicted impacts to groundwater quality documented in the feasibility report, mining permit application, environmental impact report and wastewater engineering report. NR 182.107(1u)(a)5.5. An operator shall monitor groundwater at locations approved by the department in the vicinity of the prospecting or mining site on a monthly basis for at least 12 consecutive months during the initial site preparation and construction phase at the mining waste site and prospecting or mining site to further characterize baseline water quality prior to operation. An operator shall include, in the parameters analyzed, those substances specified by the department for monitoring, indicator parameters as specified by the department, parameters identified as important based on characteristics of the mining wastes, and any other parameters deemed appropriate by the department for the specific conditions of the site. NR 182.107(1u)(a)6.6. An operator shall conduct monitoring of groundwater quality within aquifers potentially affected by the prospecting or mining activity at locations which are not expected to be affected by the prospecting or mining operation or the mining waste facility. NR 182.107(1u)(b)(b) In addition to the requirements under par. (a), the department shall specify the parameters for groundwater analysis and may include those considered indicator parameters and those important parameters identified from the waste characterization studies that may be appropriate under the specific conditions. NR 182.107(1x)(1x) Non-compliance with groundwater standards. If the department has reason to believe that a site is not in compliance with the requirements of this section, or if the department projects with reasonable probability that a site will not achieve such compliance at the boundary of the design management zone and within the depth of useable groundwater, it shall require the operator to take appropriate intervention measures specified in the contingency plan submitted under s. NR 182.109, and may take additional actions including those prescribed in s. NR 140.26. NR 182.107(2)(a)(a) The department shall evaluate proposed mining waste facilities to determine whether construction, operation, and closure of the facility will result in the unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state. The department may not approve any mining waste facility if the facility is likely to result in unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state. NR 182.107(2)(b)(b) If the department finds that the proposed waste site will result in the unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state, the department shall either deny necessary approvals or the operating license for the facility or impose conditions on the necessary approvals and operating license in a manner consistent with s. 293.65 (3) (b), Stats. NR 182.107 HistoryHistory: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22: renumbering of (1x) (a) to (1x) made under s. 13.92 (4) (b) 1., Stats., Register December 2021 No. 792. NR 182.108(1)(1) An applicant is encouraged to contact the department during the early stages of project planning and development to determine what permits and approvals may be required and to assure that submissions are consistent with department requirements. NR 182.108(2)(2) No person may establish or construct a mining waste site or expand an existing mining waste site without first obtaining approval of a feasibility report and a plan of operation from the department. The purpose of the feasibility report is to determine whether the site may be approved for the purpose intended and to identify any conditions that must be included in the plan of operation and in the license issued under this chapter. The feasibility report shall be prepared and submitted to the department in accordance with s. NR 182.104. The feasibility report shall be submitted at the same time as the permit application and plans submitted under ch. NR 131 or 132 and shall be consistent with the applications and plans submitted under ch. NR 131 or 132. If the proposed mining waste site is a surface mine backfilled with mining waste, the feasibility report submittal provisions of this section may be satisfied by including the information required by this section in the mining permit application submitted under ch. NR 132 and issuance of the mining permit shall constitute approval of the feasibility report and favorable determination of site feasibility. The amount of regional and site-specific information and data required for each waste site may vary and shall be based on results of the waste characterization studies, but shall, at a minimum, contain the items in subs. (3) to (13), unless such information is contained in the submittal of documents required under ch. NR 131, 132, or 150 or s. 23.11 (5), Stats. NR 182.108(3)(3) The feasibility report shall contain a general overview of the proposed mining waste facility that includes all of the following: NR 182.108(3)(b)(b) The name, address and phone number of the person who has been designated by the applicant as the primary contact for departmental correspondence. NR 182.108(3)(f)(f) The proposed facility life and range of disposal capacity of the proposed facility. NR 182.108(3)(g)(g) The estimated waste types and quantities to be contained in the proposed facility. NR 182.108(4)(4) The feasibility report shall include discussion of waste characterization studies and analysis of all mining wastes that may be disposed of or stored in the mining waste site. Waste characterization studies shall be conducted in accordance with all of the following: NR 182.108(4)(a)(a) Waste characterization and analysis shall identify the characteristics of the wastes necessary to enable the applicant to comply with the requirements of these regulations. The waste characterization shall include an evaluation of the quantities, variability, and physical, radiologic, and chemical properties of each waste type at a level of detail necessary to support predictive modeling and assessment of potential environmental impacts related to waste handling, storage, and disposal that is sufficient to allow the department to evaluate the effectiveness of facility design and to determine the appropriate regulatory controls and monitoring requirements. The evaluation under this paragraph may include a review of the literature and results from similar existing facilities, materials, or studies in addition to project-specific characterization and analyses. NR 182.108(4)(b)(b) Testing shall be performed on representative samples of material available or obtained through additional sampling programs, on individual wastes from the mining and milling process, and on composite wastes where mixed storage or disposal of individual wastes is proposed. When either physical or chemical segregation of a waste is proposed, each individual waste shall be tested. If representative samples of waste materials are not available and the applicant demonstrates the cost of obtaining the samples are prohibitive or technically infeasible, the analyses shall be based on the most suitable surrogate information, as determined by the department, and reasonable worst case assumptions and analyses, as determined by the department, shall be incorporated into the waste characterization evaluation and related analyses in the absence of direct analytical results. The major components of waste characterization and analysis shall include all of the following: NR 182.108(4)(b)1.1. Identification of all wastes that will be disposed of or stored in the waste site. Identification shall include classification of waste types, estimation of the generation rates and volumes of each waste type, and an explanation of the ultimate disposition of each waste type. NR 182.108(4)(b)2.2. Chemical, mineralogical, petrological, and radiological analyses of the wastes. NR 182.108(4)(b)3.3. Particle size analyses of the wastes including specific surface area as a function of particle size. NR 182.108(4)(b)4.4. Laboratory dissolution testing, of appropriate duration, to determine the acid producing characteristics of the wastes, the acid-consuming characteristics of the waste and how the waste composition and physical characteristics affect the overall acid-generation and dissolved solids dissolution from the wastes. Testing shall include both static and kinetic testing protocols appropriate for the specific waste material and shall follow the best available test methodology recommended by ASTM International or other appropriate authority. NR 182.108(4)(b)5.5. Determination of the leaching potential of the wastes and determination of the composition of the resulting leachate. NR 182.108(4)(b)6.6. Assessment of the presence, distribution, and abundance of asbestiform minerals in the waste materials. NR 182.108(4)(b)7.7. A discussion and evaluation of the physical, radiologic, and chemical properties of the wastes materials that are critical in developing facility storage or disposal plans and designs. NR 182.108(4)(b)8.8. An evaluation of the reagents proposed for use in the mining operation and how the degradation and transport of reagents may affect mineral dissolution of the waste materials, particularly tailings and leached ore materials. NR 182.108(4)(b)9.9. The applicant shall describe in detail the testing methods and chain of custody protocols employed in evaluating the waste characteristics and shall provide to the department justification for the use of such methods. Test methods shall include static testing and kinetic testing of adequate duration so reactions are reasonably complete and shall also develop appropriate geochemical modeling to assess the waste characterization results and for use in predictive analyses. If the department cannot reasonably verify the methods utilized by the applicant or the results therefrom other than by independent testing, the department may require that the applicant provide representative samples to the department for such independent testing. Use of these samples shall recognize the effect of time upon the representativeness of sample analysis results. NR 182.108(4)(c)(c) When appropriate, and if sufficient quantities of materials from bulk sampling or prospecting are available, the applicant shall conduct, if required by the department, a field-testing program to both supplement and verify literature survey and laboratory-scale testing programs. NR 182.108(4)(d)(d) The applicant is encouraged to develop methods of waste handling that will result in the reuse or recovery of such materials. Accordingly, the feasibility report shall include a discussion of alternative methods of disposal of waste materials, including an analysis of the practicability of the reuse, sale, recovery, or processing of such wastes for other purposes. NR 182.108(4)(e)(e) The applicant shall use the results of the waste characterization and geochemical modeling analyses, combined with information from the evaluation of regional and other site-specific information, in the feasibility report and plan of operation to evaluate facility siting alternatives, determine necessary site specific information, and develop appropriate design, construction, operation, monitoring, and long-term care requirements for each category of waste. NR 182.108(4)(f)(f) The applicant shall provide a summary of the waste characterization as it relates to the handling, storage, and disposal of the waste. NR 182.108(5)(5) The feasibility report shall include a discussion of the regional site setting to provide a basis for comparison and interpretation of site-specific information obtained through field investigations. The applicant shall limit the discussion to information available from state agency files and publications although some field verification and updating may be necessary. The applicant shall collect and synthesize regional information from that area that may affect or be affected by the proposed mining waste site, which in most instances will be the proposed site, and the area within a radius up to 5 miles from the site. The applicant shall supplement the discussion with maps or cross-sections, when appropriate. In the discussion, the applicant shall address all of the following: NR 182.108(5)(b)(b) Hydrology, including surface water drainage patterns and important hydrologic features such as navigable waters, springs, drainage divides, and wetlands. NR 182.108(5)(c)(c) Geology, including the nature and distribution of bedrock and unconsolidated deposits. NR 182.108(5)(d)(d) Hydrogeology, including depth to groundwater, flow directions, recharge and discharge areas, groundwater divides, aquifers and the identification of the aquifers used by all public and private wells within at least 1,200 feet of each proposed site, and other information needed to establish the depth of useable groundwater under s. NR 182.107 (1) (c). NR 182.108(5)(e)(e) Groundwater and surface water quality and precipitation chemistry. NR 182.108(5)(i)(i) Present land uses, with emphasis on known recreational, historic, archaeological, scientific, cultural, or scenic significance and whether any portion of the facility lies within an area in which Indian tribes retain federally guaranteed treaty rights. NR 182.108(5)(j)(j) Present or proposed access roads and any weight restrictions for those roads. NR 182.108(5)(L)(L) Identification of aquatic and terrestrial ecosystems such as stream orders and habitat classifications and any sensitive water resources including areas of special natural resource interest as defined in s. 30.01 (1m), Stats. NR 182.108(6)(a)(a) The feasibility report shall include site-specific information and the applicant shall perform field and laboratory investigations to further define site physical, chemical and biological characteristics in accordance with all of the following: NR 182.108(6)(a)1.1. Perform field investigations to define the site-specific topography, soil types, hydrogeologic characteristics including initial assessment of the depth of useable groundwater, surface water characteristics including drainage patterns and flow rates and the presence and nature of wetlands. NR 182.108(6)(a)2.2. Prepare an existing site conditions plan sheet to include a detailed topographic survey of the area of investigation. All elevations shall be tied to USGS mean sea level datum. The map, if practicable, shall have a scale no greater than 1:2,400 with a contour interval of 0.1 to 4 feet. NR 182.108(6)(a)3.3. Prepare the plan in compliance with requirements of s. NR 182.104 and delineate the property boundaries, proposed waste facility and site boundaries, survey grid, buildings, water supply wells, utility lines, man-made features, soil boring locations, observation well locations and other pertinent information. NR 182.108(6)(b)(b) The department shall determine the number and depth of soil borings required depending on the relative homogeneity of the soils at the site, the size of the area, character of the wastes and the geotechnical design requirements for the waste site. The applicant shall drill borings to define sub-surface conditions both inside and outside the proposed limits of filling. The department shall determine the number and location of borings sufficient to sample adequately major geomorphic features such as ridges and lowlands. The applicant shall classify each major soil layer encountered during the boring investigation according to the unified soil classification system. The applicant shall bore the site subject to all of the following provisions: NR 182.108(6)(b)1.1. At a minimum, drill borings in 10 separate locations distributed over the first 5 or less acres of the proposed fill area. Drill a minimum of 2 additional borings for each additional 5 or less acres of proposed fill area. The applicant shall ensure that borings are located on a grid pattern covering the proposed facility and are located in or within 300 feet of the proposed limits of filling. NR 182.108(6)(b)2.2. Extend borings a minimum of 25 feet below the anticipated sub-base grade. If the boring is located outside the proposed limits of filling, the applicable sub-base grade is the elevation of the bottom of the proposed base liner nearest to the borehole. NR 182.108(6)(b)3.3. If regional information suggests that bedrock is within 50 feet of the lowest elevation of the proposed sub-base grades, extend one boring at least 5 feet into bedrock. Every attempt shall be made to locate this boring outside the proposed limits of filling. The applicant shall perform bedrock drilling in accordance with ch. NR 141. NR 182.108(6)(b)4.4. Collect and retain samples and prepare boring logs. In each log, the applicant shall include soil and rock descriptions, method of drilling, method of sampling, sample depths, date of boring, and water level measurements and dates. The applicant shall refer all elevations to USGS mean sea level datum. The applicant shall prepare borings using a format and terminology consistent those recommended by the USGS, American Society of Testing and Materials or other industry standards.
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