Chapter NR 182

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:

NR 182.110(3)(d)1. 1. The clay component of a liner or cap. The statement shall specifically address:

NR 182.110(3)(d)1.a. a. The quality of clay material used, and the methods utilized in its placement.

NR 182.110(3)(d)1.b. b. The connections with previously placed clay layers.

NR 182.110(3)(d)1.c. c. The preparation of leachate collection trenches, sumps, and any pipe penetrations through the clay component.

NR 182.110(3)(d)1.d. d. The preparation of the upper portions of the clay component or soil barrier layer component of a composite–lined or composite–capped facility for installation of the geomembrane or GCL, including smoothness of the surface, removal of rocks and other foreign objects, and repair of the clay or soil barrier layer surface due to rain, rutting, or other damage.

NR 182.110(3)(d)1.e. e. The placement of soil or other materials placed over a composite liner or composite cap.

NR 182.110(3)(d)2. 2. The geomembranes, grids, fabrics, nets, and appurtenances. The statement shall specifically address:

NR 182.110(3)(d)2.a. a. The connections with all previously placed geosynthetics.

NR 182.110(3)(d)2.b. b. The placement of geomembrane in collection trenches, sideslope riser sump areas and other irregularly shaped areas.

NR 182.110(3)(d)2.c. c. The connections of geomembrane around leachate transfer pipes and any other penetration of the composite liner or composite cap.

NR 182.110(3)(d)2.d. d. The removal of geomembrane wrinkles which were higher than they were wide.

NR 182.110(3)(d)3. 3. The elements of the construction relating to leachate or storm water routing, collection, storage, and transportation systems. The statement shall include construction of leachate collection and transfer lines, side slope risers for leachate pumping, all liner penetrations, collection tanks, manholes, lift stations, lysimeters and leachate head wells.

NR 182.110(4) (4) Construction documentation report. In order to fulfill the construction report requirements of sub. (1), the owner of a waste mining facility shall prepare a comprehensive constructive documentation report for the construction of a new mining waste facility. The report shall contain a detailed narrative describing the construction of the facility in a logical fashion that shall contain, all of the following information, as applicable to the specific design of the facility:

NR 182.110(4)(a) (a) A set of 24-inch by 36-inch engineering plan sheets, or alternative size if approved by the department in writing, that includes all of the following:

NR 182.110(4)(a)1. 1. A plan view documenting the constructed grades for the sub-base, sidewalls, leachate collection trench undercuts, and all sub-base appurtenances such as lysimeters and drain pipes, prior to liner placement. Documentation of the grades shall consist of spot elevations taken on a maximum 50-foot grid pattern, with leachate collection trench undercut elevations at least every 25 linear feet. If a total station or laser equipment is used to set elevations, the elevations may be taken every 50 linear feet. The approved sub-base grades shall also be shown for the same area in a clear and legible manner.

NR 182.110(4)(a)2. 2. A plan view drawing showing the locations of all the various soil and geomembrane testing performed. Each test location shall be clearly labeled with appropriate identification codes. The plan view drawings shall clearly show any areas where removal and re-compaction of clay was necessary in order to attain the minimum required specifications. For composite-lined and composite-capped mining waste facilities, a plan view drawing shall also clearly show geomembrane panel placement, geomembrane patches and seam repairs, and geomembrane destructive sample locations. Multiple plan views may be shown on a single plan sheet if legibility is not compromised.

NR 182.110(4)(a)3. 3. A plan sheet documenting the constructed elevations for the liner system. This plan sheet shall contain spot elevations of the base, sidewalls, and leachate collection trenches. Documentation of grades shall include spot elevations taken on a maximum 50-foot grid pattern, with leachate collection trench elevations taken every 25 linear feet. If a total station or laser equipment is used to set elevations, the leachate collection trench elevations may be taken every 50 linear feet. The approved base grades shall be shown for the same area in a clear and legible manner.

NR 182.110(4)(a)4. 4. A plan view drawing showing the constructed base grades as well as the locations and elevations of all leachate collection and transfer piping, manholes, lift stations, culverts, and berms and the location of all unsaturated zone, groundwater, leachate monitoring and cleanout devices, surface drainage features, and other pertinent structures. This information may be shown on the plan sheet required in par. (c) if legibility is not compromised.

NR 182.110(4)(a)5. 5. A cross-sections through the constructed area parallel and perpendicular to the base line of the facility. A minimum of 4 cross-sections shall be prepared, 2 of which shall be in each direction. Additional cross-sections shall be prepared as necessary to add clarification. Each of the cross-sections shall show actual and design sub-base and base grade contours, the top of the granular drainage blanket, leachate and groundwater pipe elevations, and the actual base and sub-base contours of adjacent filled areas. The design sub-base and base grade contours do not need to be shown if there is not an observable variation from the design grades.

NR 182.110(4)(a)6. 6. A detail drawing, both plan view and cross-sections, of all manholes, lift stations, storage tanks, sumps, and sideslope risers or locations where leachate transfer piping exits the lined area and the secondary containment of these features as well as leak detection monitoring points and other pertinent construction details. At a minimum, these drawings shall show base and top elevations, the invert elevations of all associated piping, pump details, float level elevations, and the extent of recompacted clay placed around and below the structures. If float elevations are not available at the time of submittal of the construction documentation report, they shall be provided to the department when they are available.

NR 182.110(4)(a)7. 7. The cross-section details to illustrate all important construction features of the liner, lysimeters, leachate collection trenches and sumps, and sediment control and storm water management systems.

NR 182.110(4)(a)8. 8. The drawing details for leachate header lines or drain lines located outside the limits of waste in critical areas of below-ground piping, such as where several pipes cross or meet to illustrate sufficient pipe location and invert information.

NR 182.110(4)(b) (b) A narrative description of important facility design features including all of the following:

NR 182.110(4)(b)1. 1. An analysis and discussion of all soil and geomembrane testing work performed. All density and moisture content testing results shall clearly indicate which Proctor curve or line of optimums is applicable to the soil being compacted. Any change in the referenced Proctor curve or line of optimums shall be identified as to when the change occurred and why the change was made. All raw data from the soil and geomembrane testing performed shall be included in an appendix to the construction documentation report unless other arrangements were previously approved by the department. The raw data shall be summarized using a tabulated format. The discussion shall also include the make, model, weight, and foot length of each piece of equipment used to compact clay, if applicable.

NR 182.110(4)(b)2. 2. A table containing thicknesses of each layer in the liner system on a 100-foot grid pattern.

NR 182.110(4)(b)3. 3. A discussion of how the leak tests were performed on lysimeters and sideslope riser sumps and a discussion of any problems encountered and how they were resolved.

NR 182.110(4)(b)4. 4. Documentation of the initial leachate collection pipe cleanout and pressure testing of force mains and leachate storage tanks. All provisions used to seal pipe connections, manhole sections, and leachate storage tanks including protective coatings and corrosion protection shall be described. The manufacturer’s recommendations for the installation of all equipment shall be included. Any deviations from the recommendations shall be documented and discussed.

NR 182.110(4)(b)5. 5. The daily summary reports prepared by the registered professional engineer or qualified technician performing continuous quality assurance for each day that installation of geomembrane or other geosynthetics is either attempted or accomplished when constructing composite-lined sites. The reports shall specifically describe practices employed for base grade preparation and acceptance before geomembrane installation and drainage layer placement and all of the following:

NR 182.110(4)(b)5.a. a. Identification and location of geomembrane panels placed, with modifications of the fabrication plan noted.

NR 182.110(4)(b)5.b. b. Identification of field seams and ends of panel, and results of all destructive and nondestructive field tests of test seams and installed seams.

NR 182.110(4)(b)5.c. c. Methods and procedural steps taken prior to field seaming of panels.

NR 182.110(4)(b)5.d. d. Identification of wrinkles that were large enough to double over and were cut out and repaired.

NR 182.110(4)(b)5.e. e. Identification of repairs and destructive samples and the results of the nondestructive testing of those repairs.

NR 182.110(4)(b)5.f. f. Amount and location of geotextile and other geosynthetics used in construction of the liner.

NR 182.110(4)(b)5.g. g. Identification of the sources and product information for manufactured items used in site construction including geosynthetics, including the identification of all solvents and other sealants used in pipe construction.

NR 182.110(4)(b)5.h. h. Weather conditions and constraints.

NR 182.110(4)(c) (c) A series of properly labeled 35-millimeter film color prints or prints from digital photographs documenting all major aspects of facility construction. The images shall also be provided in reproducible electronic format. As determined by the specific design features, the photographic series shall include close–up images of the construction process including clay liner and soil barrier layer placement and compaction equipment, deployment of geomembrane and all other geosynthetics, deployment equipment, leachate pipe placement including all places where transfer piping exits the lined waste fill area or sideslope riser installation, and drainage blanket placement and the installation of all manholes, sumps, sideslope risers, lift stations, and storage tanks. Panoramic views shall be included showing the prepared sub–base and the completed liner before and after granular blanket placement.

NR 182.110(5) (5) Closure documentation. In order to fulfill the closure reporting requirements of sub. (1), the owner shall prepare a comprehensive report containing a detailed narrative describing the closure of the mining waste facility in a logical fashion in coordination with reporting requirements specified in the prospecting permit issued under ch. NR 131 or the mining permit and reclamation plan approval issued under ch. NR 132. Particular emphasis shall be placed on any deviations from the approved plans. All construction documentation reports for the closure of mining waste facilities shall contain all of the following information, as applicable to the facility’s design and closure specifications:

NR 182.110(5)(a) (a) A set of 24-inch by 36-inch engineering plan sheets, and corresponding electronic versions with digital geographic information system files, unless an alternative size is approved by the department in writing, that include all of the following:

NR 182.110(5)(a)1. 1. A plan sheet documenting the final waste grades. Documentation of grades shall include spot elevations taken on a maximum 100-foot grid after grading has been performed to establish uniform slopes.

NR 182.110(5)(a)2. 2. A plan view drawing for each one–foot thickness of clay or soil barrier layer placed, showing the locations of the various soil testing completed and detailing the tests performed at each location. Multiple plan views may be presented on a single engineering plan sheet if legibility is not compromised.

NR 182.110(5)(a)3. 3. A plan view drawing showing the location of all geomembrane tests, geomembrane panel layout, geomembrane patches and seam repairs, and geomembrane destructive samples.

NR 182.110(5)(a)4. 4. A plan sheet documenting the constructed final cap grades prior to topsoil placement on a maximum 100-foot grid. Approved final cap grades shall be shown for the same area in a clear and legible manner. For areas less than 4 acres, a 50-foot grid shall be used.

NR 182.110(5)(a)5. 5. The cross-sections through the closed area that are constructed parallel and perpendicular to the base line of the facility. A minimum of 4 cross-sections shall be submitted, 2 of which shall be in each direction. Each of the cross-sections shall show all surficial and subsurface features encountered including leachate lines, and other facility structures and shall be tied into the grades of adjacent previously filled areas. At a minimum, each cross-section shall show actual sub-base grades, base grades, final waste grades, and final topsoil grades.

NR 182.110(5)(a)6. 6. The cross-section details shall be included to illustrate all important construction features of the final cover, and sediment control and storm water management structures.

NR 182.110(5)(b) (b) An analysis and discussion of all soil, geomembrane, and other geosynthetic testing work performed. All density and moisture content testing results shall clearly indicate which Proctor curve or line of optimums is applicable to the soil being compacted. Any changes in the referenced Proctor curve or line of optimums shall be identified as to when they occurred and why the change was made. All raw data from the soil, geomembrane, and other geosynthetic testing performed shall be included in an appendix to the closure documentation report unless other arrangements were previously approved by the department. The raw data shall be summarized using a tabulated format. Also included shall be the make, model, weight, and foot length of each piece of equipment used to compact clay.

NR 182.110(5)(c) (c) A table containing thicknesses of each layer in the cover system on a 100-foot grid pattern. When determining soil thickness by using surveying information, the table shall contain elevations before and after soil layer placement on the 100-foot grid. For areas less than 4 acres, a 50-foot grid shall be used. As an alternative to the survey method, soil thickness shall be controlled using settlement plates and grade stakes, and clay thickness shall be established on a 100-foot grid using auger borings. Boreholes shall be backfilled with a soil-bentonite mix such that the in-place permeability of the backfilled material is equal to or less than the surrounding clay cap.

NR 182.110(5)(d) (d) Daily summary reports shall be prepared for each day that installation of geomembrane or other geosynthetics is either attempted or accomplished for composite-capped mining waste facilities and shall contain the information required in s. NR 182.110 (4) (b) 5.

NR 182.110(5)(e) (e) A series of properly labeled 35-millimeter film color prints or prints from digital photographs that document all major aspects of facility closure. The images shall also be provided in reproducible electronic format. This photographic series shall include panoramic views of the closed area as well as close-up photos of the construction process and completed engineering structures.

NR 182.110(6) (6) Department action. Within 65 business days after receipt of a complete construction documentation report or a complete closure documentation report, the department shall do one of the following:

NR 182.110(6)(a) (a) Object to the construction or closure documentation report, identifying the issues that prevent the department from approving the report.

NR 182.110(6)(b) (b) Issue an approval and determination that the facility has been constructed or closed in substantial compliance with the plan of operation.

NR 182.110 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (5) (b) made under s. 13.92 (4) (b) 7., correction in (6) (a) made under s. 35.17, Stats., and numbering of (2) (a) 1. e. made under s. 13.92 (4) (b) 1., Stats., Register December 2021 No. 792.

NR 182.111 NR 182.111 Facility license.

NR 182.111(1) (1) No person may maintain or operate a waste site unless the person has obtained an operating license from the department. The owner or operator of the mining waste facility shall submit an application for an initial operating license using forms supplied by the department. The department shall issue the license for the design capacity specified in the determination of site feasibility and the approval of the plan of operation unless the department establishes any of the following by a clear preponderance of the credible evidence:

NR 182.111(1)(a) (a) The site is not constructed in substantial compliance with the approved plan of operation as determined by the department under s. NR 182.110.

NR 182.111(1)(b) (b) The applicant has failed to pay any required fees or has failed to post or maintain financial assurance instruments as specified in s. 293.51, Stats.

NR 182.111(1)(c) (c) The applicant has failed to submit adequate evidence 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.

NR 182.111(2) (2) The department may suspend or revoke a license issued under this section for grievous and continuous failure to comply with the approved plan of operation, or for grievous and continuous failure to comply with the requirements of this chapter. The department shall review the license and plan of operation to determine compliance annually or at such other intervals as it determines necessary, but no more frequently than annually.

NR 182.111(3) (3) Following closure of a site or facility and issuance of a certificate of completion of reclamation under s. NR 132.122 for the portion of the mining site that includes the mining waste facility, the owner, or any successor in interest, shall apply for and maintain a license during the period of long-term care owner financial responsibility indicated in s. NR 182.117 and s. 289.41 (1m) (g), Stats.

NR 182.111 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 182.112 NR 182.112 Inspections.

NR 182.112(1) (1) Subject to applicable state and federal safety rules or regulations, personnel or agents of the department may accompany employees of the owner on any routine inspection required by this chapter, or may conduct inspections of their own at any other time that is reasonable under the circumstances involved. Department personnel or agents may conduct inspection of proposed mining waste facilities, mine waste facilities that are under construction, and mining waste facilities that have been licensed under this chapter, including closed facilities. Personnel or agents of the department may also examine any routine inspection reports and shall be furnished copies thereof upon request.

NR 182.112(2) (2) Except as provided in subs. (4) and (5), a qualified representative of the owner of a mining waste facility licensed under this chapter shall, at least weekly, visually inspect all of the following:

NR 182.112(2)(a) (a) The active sites or facilities, including dams, for possible damage or structural weakening.

NR 182.112(2)(b) (b) The waste handling and monitoring equipment and readings to ensure normal operation and measurements.

NR 182.112(2)(c) (c) The fences or barriers for possible damage.

NR 182.112(2)(d) (d) The buffer area around the facility for possible environmental damage related to its operation.

NR 182.112(3) (3) A qualified representative of the owner shall record the observations made in each visual inspection under sub. (2) in the facility’s operating log as set forth in these rules.

NR 182.112(4) (4) A qualified representative of the owner shall inspect active dam sites monthly. The findings on each inspection shall be recorded and filed with the department. The monthly the inspection report shall include all of the following:

NR 182.112(4)(a) (a) Condition of vegetation on the dam and within 50 feet from the outside base of the dam.

NR 182.112(4)(b) (b) Piezometric levels within the mass of the dam.

NR 182.112(4)(c) (c) Condition of soil surfaces on the top and slopes of the dam and within 50 feet from the outside base of the dam.

NR 182.112(4)(d) (d) Condition of drainage ditches near the base of the dam.

NR 182.112(4)(e) (e) Liquid surface level and amount of freeboard.

NR 182.112(4)(f) (f) Condition of spillways, conduits, and water level control structures.

NR 182.112(5) (5) A qualified representative of the owner shall inspect inactive dams quarterly. The findings on each inspection shall be recorded and filed with the department. The quarterly inspection report shall include all of the following:

NR 182.112(5)(a) (a) Condition of soil surfaces on the crest, slopes, and within 50 feet from the outside base of the dam.