Chapter NR 182

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.b. b. Materials and methods to be used for embankment construction.

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.f. f. Endangerment to human safety.

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)15.h. h. Any applicable requirements specified under federal mine safety regulations.

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. 4. A description of all of the following:

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)9.a. a. Receipt of the proper geomembrane, GCL, and geocomposite drain material.

NR 182.109(2)(c)9.b. b. Acceptable subgrade and weather conditions for work to occur.

NR 182.109(2)(c)9.c. c. Seamer qualifications and procedures for trial seams.

NR 182.109(2)(c)9.d. d. Acceptability of test welds and machine settings.

NR 182.109(2)(c)9.e. e. Acceptable seaming practices.

NR 182.109(2)(c)9.f. f. Achieved seam quality and procedures for dealing with failing tests.

NR 182.109(2)(c)9.g. g. Patching.

NR 182.109(2)(c)9.h. h. Sealing of geomembrane penetrations.

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)2. 2. Incorporate the requirements specified in s. NR 182.107 (1s) related to evaluation of groundwater monitoring results.

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) (3) 

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:

NR 182.1095(2)(a) (a) An explanation of any proposed revisions to the plan of operation. The report shall include detail diagrams incorporating the changes and include all instructions regarding the changes between the owner, the installer, and the quality assurance contractor. The report shall highlight and explain any proposed changes to the information provided in the plan of operation. If, in the department’s opinion, major changes are proposed to previously approved plans, the department shall require a plan modification approval. The report shall indicate the proposed limits of installation and the schedule for construction.

NR 182.1095(2)(b) (b) An identification of the manufacturer of the geomembrane, GCL, and other geosynthetics used in construction, manufacturer qualifications, technical specifications of the geomembrane resin and polymer selected, technical specifications for geotextile and reinforcement of the GCL, bentonite specifications used for manufacture of the GCL, and results of the manufacturer’s quality control tests on the geomembranes and GCLs supplied to the project.

NR 182.1095(2)(bd) (bd) An identification of the fabricator of geotextiles and other geosynthetics used in site construction, technical specifications of the products and materials to be used, methods used to bond the materials together and to connect panels together, installation contractor, contractor qualifications, and on-site supervisory staff.

NR 182.1095(2)(bh) (bh) A description of any contractor-specific storage and material handling procedures, deployment methods, attachment methods, panel overlaps, patching, procedures for minimizing bentonite loss in the GCL, and acceptable limits on sub-grade for geomembrane or GCL, including maximum rut depth, maximum stone size, removal of gravel cobbles and other debris, and limits imposed by weather conditions.

NR 182.1095(2)(bm) (bm) A description of methods to be used to assure the GCL does not become saturated prior to covering with soil and the procedure that will be followed if the GCL does become saturated, methods and equipment to be used to place the geomembrane over the GCL, and the maximum time between deployment of the GCL and placement of soil cover layers.

NR 182.1095(2)(br) (br) A description of the selected materials and source of the sideslope riser pipe, methods proposed to assemble and place the sideslope riser pipe, and measures to be taken to prevent puncture of the geomembrane below the sideslope riser pipe and protective drainage material.

NR 182.1095(2)(c) (c) The results of a shear test conducted, in accordance with ASTM method D5321, which is incorporated by reference, on the soils and geosynthetic materials selected for use in construction of the liner system and the final cover system. The test shall be conducted using wetted soil and geomembrane interfaces. The shear test results shall be used to evaluate the stability of the geomembrane component over the clay component and the drainage layers and overburden placed on the geomembrane component. For designs which utilize a GCL, the shear test results shall be used to evaluate the stability of the geomembrane component over the GCL component and the soil barrier layer and the drainage layers and overburden placed on the geomembrane component. Wet unit weights of soils shall be used in analyses. If all soil and geosynthetic materials to be used are identical to those that were tested for a previous construction phase, then the test need not be conducted again. The department may waive testing of materials which are proposed exclusively for use on liners or final cover systems with slopes of less than 10 percent.

NR 182.1095 Note Note: Copies of the ASTM D5321/D5231M-20, “Standard Test Method for Determining the Shear Strength of Soil-Geosynthetic and Geosynthetic-Geosynthetic Interfaces by Direct Shear,” revised 2020, are available for inspection at the Department of Natural Resources, 101 South Webster St., Madison, Wisconsin 53703; and the Legislative Reference Bureau, 1 E. Main St., Ste. 200; Madison, Wisconsin 53703; and for purchase at http://www.astm.org.

NR 182.1095(2)(d) (d) A quality control plan which provides all information specified in s. NR 182.109 (2) (c) 9., as well as identification of the installation contractor, contractor qualifications, and on-site supervisory staff. Any proposed changes to the quality control plan contained in a mining waste facility’s approved plan of operation shall be highlighted and explained.

NR 182.1095(2)(e) (e) A quality assurance plan that provides all information specified in s. NR 182.109 (2) (c) 10. and 11. and that identifies the registered professional engineer and qualified technician who will be providing quality assurance and that summarizes of their qualifications and related work experience.

NR 182.1095 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 182.110 NR 182.110 Construction documentation and completion reports.

NR 182.110(1) (1) Report preparation. The owner shall construct a waste site in accordance with the approved plan of operation. The owner shall prepare a report documenting all aspects of construction for the initial construction of the mining waste facility; the construction of all subsequent phases or portions thereof; the construction of any storm water, groundwater, or leachate control structures; the implementation of remedial actions; and the closure of each major disposal area. Approval of a report that documents the construction of any portion of the base of a mining waste facility shall be obtained from the department prior to initiating disposal operations in the newly established area and subsequent phases.

NR 182.110(2) (2) Quality assurance.

NR 182.110(2)(a) (a)

NR 182.110(2)(a)1. 1. The owner shall employ a registered professional engineer or a qualified technician who is directly supervised by a professional engineer who shall be continuously on-site and performing assigned quality assurance duties throughout all of the following:

NR 182.110(2)(a)1.a. a. Placement and testing of the clay component of liner and cover systems.

NR 182.110(2)(a)1.b. b. Installation and testing of the geosynthetic components of liner and cover systems.

NR 182.110(2)(a)1.c. c. All aspects of sump and sideslope riser construction or penetrations of sidewall liners.

NR 182.110(2)(a)1.d. d. Manhole and tank installation.

NR 182.110(2)(a)1.e. e. Placement of the drainage layer or cover soil above the geosynthetic liner.

NR 182.110(2)(a)2. 2. The registered professional engineer or qualified technician described in subd. 1. shall also be on-site to inspect the following activities after their completion:

NR 182.110(2)(a)2.a. a. Temporary and permanent erosion control measures such as ditches, fencing, and sedimentation basins.

NR 182.110(2)(a)2.b. b. Sub-base and leachate collection line undercut excavation and grading.

NR 182.110(2)(a)2.c. c. Clay liner surface preparation and grading, leachate, lysimeter, and gas piping prior to being covered with soil.

NR 182.110(2)(a)2.d. d. Piping with tanks, manholes, or vaults and installation of instrumentation and controls.

NR 182.110(2)(a)3. 3. The department may require by written approval that a registered professional engineer be present during other critical construction activities.

NR 182.110(2)(b) (b) With respect to registered professional engineers or qualified technicians employed to meet the requirements of par. (a), substitution of personnel may only occur due to substandard performance, vacations, or uncontrollable circumstances such as injury, illness, employee termination, or resignation. However, if necessary in order to provide experienced personnel, geomembrane installation quality assurance may be performed by a different registered professional engineer or qualified technician directly supervised by the registered professional engineer described in par. (a). In no case, however, may the personnel performing quality assurance for geomembrane installation be an employee of the geomembrane manufacturer, fabricator, or installer. Also, when justified by the size of the construction project, multiple registered professional engineers or qualified technicians may perform quality assurance work concurrently.

NR 182.110(3) (3) Certification. The first section of any construction documentation report prepared for the construction or closure of a portion of a mining waste facility shall be a certification section that includes all of the following:

NR 182.110(3)(a) (a) A statement signed and sealed by each licensed professional engineer who either performed quality assurance work on the project or supervised qualified technicians who performed quality assurance work.

NR 182.110(3)(b) (b) A table clearly identifying all of the following:

NR 182.110(3)(b)1. 1. Each licensed professional engineer and qualified technician who performed quality assurance during the construction.

NR 182.110(3)(b)2. 2. Which aspects of construction each licensed professional engineer and qualified technician provided on site quality assurance for.

NR 182.110(3)(b)3. 3. The number of days each licensed professional engineer and qualified technician was present at the facility performing quality assurance work.

NR 182.110(3)(b)4. 4. The total hours each licensed professional engineer and qualified technician spent at the site performing quality assurance work.

NR 182.110(3)(b)5. 5. The licensed professional engineer who supervised each qualified technician that performed quality assurance during the construction.

NR 182.110(3)(c) (c) A second table identifying who prepared each portion of the construction documentation report including both narrative and plan sheets.

NR 182.110(3)(d) (d) Separate signed statements by the licensed professional engineers identified in sub. (2) certifying to the best of their knowledge, information, and belief that the construction of each item identified in the following subdivisions was accomplished in conformance with the approved plans and applicable rules. All observed deviations shall be explicitly noted and discussed including any changes in materials. This certification may not be construed to be either an implied or express guarantee or warranty regarding the performance of the construction documented in this report. No further qualifications to the certification statement may be made and each statement shall also clearly identify the personal observations, knowledge or other information on which the certification is based. The certification section shall include a signed statement for all of the following: