Chapter NR 182

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.

NR 182.114(1)(c) (c) The owner of a mine waste facility shall retain all records of monitoring, analytical, and quality assurance activities and data collection, including raw data, and instrumentation, calibration, and maintenance records until termination of owner responsibility, except to the extent that copies of such records have previously been provided to the department.

NR 182.114(1)(d) (d) The owner of a dam shall maintain, in a permanent file, all of the following construction records pertaining to the dam for future reference should they be needed:

NR 182.114(1)(d)1. 1. Aerial photos of the construction site before construction.

NR 182.114(1)(d)2. 2. Construction drawings and modifications necessary during construction.

NR 182.114(1)(d)3. 3. Construction specifications and modifications.

NR 182.114(1)(d)4. 4. Results of all soil tests on foundations and fill materials.

NR 182.114(1)(d)5. 5. Logs of borings and engineering geology reports.

NR 182.114(1)(d)6. 6. Copies of construction progress inspections pertinent to core trench, toe drain, internal drains, and other significant phases of the structure including, at the option of the owner photographs of various structural items.

NR 182.114(1)(d)7. 7. Aerial stereo photos, or similar documentation using alternative technology, of the entire dam taken within 90 days after all construction is completed.

NR 182.114(1)(d)8. 8. A description of and justification for all deviations or variances from the construction plans and specifications.

NR 182.114(2) (2) Incidents report.

NR 182.114(2)(a) (a) The owner of a mine waste disposal site or facility shall comply with the requirements under these rules in reporting incidents such as fires, explosions, discharges, or releases of materials into the environment. In the event that a facility has an accidental or emergency discharge, a fire, an explosion, or other unplanned or unpredicted event that has the potential for damaging human health or the environment or exceeds any limit, the operator shall follow the procedures set forth in the contingency plan and shall report such incidents to the department, county, towns, and tribal government officials identified in the plan immediately after the operator has discovered the event.

NR 182.114(2)(b) (b) The operator shall report to the department by telephone, or other communication method specified by the department, any condition listed under s. NR 182.112 (6) and par. (a) at the earliest practicable time. A written report of the reported condition shall be submitted within 5 days. 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 business hours.

NR 182.114(2)(c) (c) The owner shall turn over to the department duplicate copies of all records required under sub. (1) (b), (c), and (d) upon closure of the facility, except to the extent that copies of such records have previously been provided to the department.

NR 182.114(2)(d) (d) The owner of a mine waste disposal site or facility shall forward to the department at the end of each reporting quarter the monitoring data developed pursuant to the requirements of this chapter during the reporting quarter. A printed copy of the monitoring data shall be submitted in addition to an electronic version of the data in a format specified by the department.

NR 182.114(2)(e) (e) The owner of a mine waste disposal site or facility shall submit an annual summary report containing statistical summaries of annual and cumulative project data including monitoring data and volumes of waste disposed or stored at the facility. The monitoring data summaries shall include comparisons to waste and leachate characterizations, geochemical modeling, effluent predictions, and baseline and background water quality data as contained in the feasibility report or plan of operation. The report shall also include the results of quality assurance and quality control procedures and present the error associated with each parameter presented. Information from unimpacted control stations should include a discussion on whether the baseline values should be modified due to natural variability and what the new values would be. At a frequency determined by the department, the report shall periodically include updated results of predictive groundwater modeling by incorporating currently available data into the original predictive model, submitted as part of the feasibility report.

NR 182.114(2)(f) (f) The owner of a mine waste disposal site or facility shall notify the department prior to cessation of disposal operations or prior to final facility closure as specified under this chapter.

NR 182.114(3) (3) Operations report. The department may require the owner or operator of any land disposal site or facility, or any person who permits the use of property for such purpose, to submit an operations report to assess the effectiveness and environmental acceptability of site operations. The contents of the report may include any of the following:

NR 182.114(3)(a) (a) A discussion of confinement of the active area.

NR 182.114(3)(b) (b) An analysis of leachate and pore water chemistry and comparisons to geochemical modeling results generated during the permitting process.

NR 182.114(3)(c) (c) An updated geochemical analysis.

NR 182.114(3)(d) (d) An analysis of groundwater monitoring results and comparison to results from predictive modeling completed as part of the feasibility report.

NR 182.114(3)(e) (e) Other monitoring, surface water control and erosion control, revegetation, settlement, volume utilized, leachate quantity and quality, slope stability, equipment performance, volume and type of disposed waste, and other relevant mine parameters.

NR 182.114 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 182.115 NR 182.115 Closure.

NR 182.115(1) (1) Mining waste facilities shall be closed in compliance with the plan of operation approved under s. NR 182.109 and the reclamation plan approved under s. NR 132.114.

NR 182.115(2) (2) At the time of completion of closure of the mining waste site or a portion of the mining waste site, the operator shall provide proof of financial responsibility to the department in an amount equal to the reasonably anticipated costs during the period between 40 and 250 years after closure of the mining waste site, or portion of the waste site, 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 proof of financial responsibility required under this subsection shall be in the amount determined under s. NR 132.116 (6) and s. 293.51 (1r), Stats., and shall be in the form of a cash deposit, which the department shall segregate and invest in an interest-bearing account, certificates of deposit, government securities, or other interest-bearing forms of security, or proof of establishment of an interest-bearing account, including an escrow account or trust account.

NR 182.115(3) (3) At the completion of closure of a closed facility, or portion of a facility, the owner or operator shall reasonably secure the closed facility, or closed portion of a facility, so that injurious contact with waste by humans or animal life will be minimized, and so that discharges harmful to health or the environment will not occur.

NR 182.115(4) (4) At the completion of the closure of a facility, or portion of a facility, all required equipment shall be provided and arrangements shall be made to continue post-closure monitoring as required under this chapter.

NR 182.115(5) (5) At the completion of the closure of a facility, or portion of a facility, the owner or operator shall submit to the department a closure documentation report under to s. NR 182.110 (5) certifying that the facility, or portion of the facility, has been closed in accordance with this chapter and approved plans.

NR 182.115(6) (6) The long-term care period for a mining waste facility, or a closed portion of a facility, shall commence after the department completes all of the following:

NR 182.115(6)(a) (a) Issues an approval and determination that the facility has been closed in substantial compliance with the plan of operation in accordance with s. NR 182.110 (6) (b).