Chapter NR 182

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.

NR 182.112(5)(b) (b) Determination of piezometric levels within the mass of the dam where such instrumentation has been determined to be necessary or required in the long-term care section of the plan of operation.

NR 182.112(5)(c) (c) Condition of spillways, conduits, and water level control structures.

NR 182.112(6) (6) When a potentially defective condition is found in a dam during an inspection under sub. (4) or (5), the owner shall ensure that it is recorded and corrected at the earliest practicable time in a manner consistent with the contingency plan, if applicable. A report of the condition shall be made to the department within 24 hours after completion of the inspection and the actions proposed and taken by the owner for its correction shall be made to the department at the earliest practicable time. The department shall notify the owner, in writing, of the title, address, and telephone number of the person to whom any report under this section shall be given, which notification shall specifically refer to this section and shall specify to whom reports are made both inside and outside of normal working hours. The department may confirm correction of the condition and specify any necessary additional corrective action. The department shall consider any of the following as indicating a condition that requires prompt investigation and may require corrective action:

NR 182.112(6)(a) (a) Seepage on the outer face of the dam accompanied by boils, sand cones or, deltas.

NR 182.112(6)(b) (b) Silt accumulations, boils, deltas, or cones in the drainage ditches at the base of the dam.

NR 182.112(6)(c) (c) Cracking of soil surface on crest or either face of the dam.

NR 182.112(6)(d) (d) Bulging of the outside face of the dam.

NR 182.112(6)(e) (e) Seepage, damp areas, or boils in the vicinity of or erosion around a conduit through the dam.

NR 182.112(6)(f) (f) Any shrinkage of the crest or faces of the dam.

NR 182.112(7) (7) Any of the following conditions found in a dam during an inspection under sub. (4) or (5) indicate potential defects and shall be closely checked on subsequent inspections for an active dam and shall necessitate an intermediate inspection of an inactive dam:

NR 182.112(7)(a) (a) Patches of overgrowth vegetation on the outside face or close to the base of the dam.

NR 182.112(7)(b) (b) Surface erosion, gullying, or wave erosion on the inside of the dam.

NR 182.112(7)(c) (c) Surface erosion, gullying, or damp areas on the outside of the dam, including the berm and the area within 50 feet from the outside base of the dam.

NR 182.112(7)(d) (d) Erosion below any conduit.

NR 182.112(7)(e) (e) Wet areas or soggy soil on the outside or in natural soil below the dam.

NR 182.112 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) made under s. 13.92 (4) (b) 3., Stats., Register December 2021 No. 792.

NR 182.113 NR 182.113 Monitoring.

NR 182.113(1) (1) General. The department shall require the owner or operator of any nonferrous mining waste disposal site or facility, or any person who permits the use of property for such purposes, to conduct monitoring of groundwater, leachate, surface water, or other physical features located at the site or facility. The department may conduct its own monitoring or retain an independent contractor, at the expense of the owner or operator of any mining waste disposal site or facility or any person who permits the use of property for such purposes, to monitor groundwater, leachate, surface water, or other physical features located at the site or facility. Monitoring of the mining waste facility shall be in accordance with the monitoring plan required under ss. NR 132.107 (4) (c) and 132.117.

NR 182.113(2) (2) Groundwater and leachate monitoring.

NR 182.113(2)(a) (a) The department shall require adequate monitoring to detect the effects of leachate on groundwater located at the disposal site or facility. The department may require the installation of groundwater monitoring wells and may require installation of leachate monitoring wells, lysimeters, moisture probes, and similar devices, and associated water quality sampling programs.

NR 182.113(2)(b) (b) The department shall determine the number and location of required wells required under par. (a) based on the site size, waste types, site design, and the hydrogeologic and geologic setting of the site. The number shall be adequate to yield samples representative of the groundwater quality both up and down gradient from the disposal site or facility.

NR 182.113(2)(c) (c) The owner shall construct all monitoring wells in compliance with the requirements of ch. NR 141 and in such a manner as to prevent surface water from entering the well bore and inter-aquifer water exchange.

NR 182.113(2)(d) (d) The owner shall submit the results of all water elevation measurement and water quality sampling to the department within 60 days of the end of the sampling period. The owner shall submit an explanation of any deviation from the approved sampling plan or analytical procedures at the same time. The owner shall submit data in the format specified by the department.

NR 182.113(2)(e) (e) The owner shall conduct groundwater sampling quarterly, during the months of March, June, September, and December, unless an alternate schedule is specified by the department. An alternate schedule may be based on the hydrogeologic system’s characteristics such as flow velocity, stratigraphy, and other factors and fluctuations in quality, as defined by background or baseline sampling and waste type.

NR 182.113(2)(f) (f)

NR 182.113(2)(f)1. 1. The owner shall base sampling parameters on the results of the waste characterization and specified in the approved plan of operation. The quarterly analysis shall include parameters listed in subd. 2., with a comprehensive analysis, described in subd. 3., completed once each year, during the summer or fall sampling period.

NR 182.113(2)(f)2. 2. At a minimum, all of the following parameters shall be measured on each sampling date:

NR 182.113(2)(f)2.a. a. Water level.

NR 182.113(2)(f)2.b. b. Field specific conductivity, micro-mhos/cm at 25° C.

NR 182.113(2)(f)2.c. c. Field and lab pH.

NR 182.113(2)(f)2.d. d. Concentration of total dissolved solids, mg/liter.

NR 182.113(2)(f)2.e. e. The concentrations of the principal contaminant constituents, or indicators thereof, found in the largest quantity in the waste disposed of or stored in the site or facility. Toxicity of contaminants should be considered when parameters are selected.

NR 182.113(2)(f)3. 3. A comprehensive analysis shall quantify all of the following:

NR 182.113(2)(f)3.a. a. The characteristics listed in subd. 2.

NR 182.113(2)(f)3.b. b. The concentrations of other contaminants specified by the department that would reasonably be expected to occur in leachate from the waste disposed of or stored in the site or facility.

NR 182.113(2)(g) (g) Groundwater, lysimeter, and leachate samples shall be handled and analyzed in accordance with the requirements of methods listed in, “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW 846, third edition, November 1986, as amended by Updates I in July 1992, II in September 1994, IIA in August 1993, IIB in January 1995, III in December 1996 and IIIA in April 1998, which are incorporated by reference.

NR 182.113 Note Note: The test methods are available at no cost at https://www.epa.gov/hw-sw846/basic-information-about-how-use-sw-846#UseWhich. Copies of the test methods are available for inspection at the offices of the department of natural resources and the legislative reference bureau. Copies may be obtained from the superintendent of documents, U.S. government printing office, P.O. Box 371954, Pittsburgh, PA 15250-7954, [phone], www.gpo.gov. Copies may also be obtained from the national technical information service, U.S. department of commerce, 5285 Port Royal Road, Springfield, VA 22161, [phone], www.ntis.gov.

NR 182.113(2)(h) (h) All chemical analyses under this subsection shall be conducted by a laboratory certified under s. 299.11, Stats., and ch. NR 149 for that test category. The limit of detection and the limit of quantitation shall be determined according to s. NR 149.48 (2). The analytical laboratory shall meet the requirements of the analytical method and ch. NR 149. Section NR 140.16 (4) applies to analytical results that do not meet the requirements of this subsection.

NR 182.113(2)(i) (i) If for any reason a monitoring well or other monitoring device is destroyed or otherwise fails to properly function, the site operator shall immediately notify the department in writing. The owner shall restore or properly abandon and replace with a functioning device all such devices within 60 days of notification of the department unless the owner is notified otherwise in writing by the department.

NR 182.113(2)(j) (j) The department may require the operator to sample, contract for third-party sampling, or provide cost reimbursement to well owners for sampling public or private wells as part of a regular monitoring program or to determine the extent of groundwater contamination.

NR 182.113(2)(k) (k) No person may begin construction of a nonferrous mining waste disposal site or facility until baseline groundwater quality in accordance with the parameters under par. (f) 2. have been determined and results of such analyses submitted to the department.

NR 182.113(3) (3) Surface water. The department may require the operator to monitor surface water runoff, leachate seeps, sedimentation ponds, and other surface water discharges resulting from site operation and of surface waters that may be affected by such discharges.

NR 182.113(4) (4) Monitoring physical features. The department may require the operator to monitor air quality, waste facility settlement, berm or embankment stability, vegetation growth, and drainage control structures, and may require the operator to monitor other chemical, physical, or biological conditions, if determined to be necessary to assess the impact of the disposal site on critical aquatic and terrestrial ecosystems.

NR 182.113(5) (5) Requirements for certified or registered laboratory. The state laboratory of hygiene or at a laboratory approved or certified by the department of agriculture, trade and consumer protection shall analyze microbiological and radiological samples. Other laboratory test results submitted to the department under this chapter shall be performed by a laboratory certified or registered under ch. NR 149. All of the following tests are excluded from the requirements under this subsection:

NR 182.113(5)(a) (a) Geotechnical and biological tests of soils.

NR 182.113(5)(b) (b) Air quality tests.

NR 182.113(5)(c) (c) Field pH tests.

NR 182.113(5)(d) (d) Field conductivity.

NR 182.113(5)(e) (e) Waste material and ore testing.

NR 182.113(5)(f) (f) Precipitation chemistry tests.

NR 182.113(5)(g) (g) Leachate-liner compatibility testing.

NR 182.113 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (2) (k) made under s. 13.92 (4) (b) 7., Stats., Register December 2021 No. 792.

NR 182.114 NR 182.114 Recordkeeping and reporting.

NR 182.114(1) (1) Operating log.

NR 182.114(1)(a) (a) The owner of a mine waste disposal site or facility shall keep an operating log. This log shall, at all reasonable times, be open for inspection by any authorized department employee.

NR 182.114(1)(b) (b) The owner shall promptly record all of the following information, as it becomes available, in the operating log under par. (a) and maintain the log until closure of the facility unless, otherwise provided by the department:

NR 182.114(1)(b)1. 1. A record of each waste type disposed of or stored on a weekly basis at the waste site or facility that includes all of the following:

NR 182.114(1)(b)1.a. a. A description of the type of each mining waste.

NR 182.114(1)(b)1.b. b. The quantity in units of volume or weight of each waste type disposed of or stored on the site and the method of treatment, disposal, or storage used for each.

NR 182.114(1)(b)1.c. c. Locations, with respect to permanently surveyed benchmarks, where each waste type is disposed of or stored.

NR 182.114(1)(b)1.d. d. The waste characterization and analyses, as specified under this chapter and the approval of the plan of operation.

NR 182.114(1)(b)2. 2. The monitoring data required under this chapter.

NR 182.114(1)(b)3. 3. The summary reports and records of all incidents requiring initiation of a contingency plan as specified under this chapter or resulting in human health or environmental damage.

NR 182.114(1)(b)4. 4. The records or results of visual inspections required under this chapter.