Chapter NR 182

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).

NR 182.115(6)(b) (b) Issues a certification of completion of reclamation for the facility, or portion of the facility, under s. NR 132.122.

NR 182.115 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (2) made under s. 35.17, Stats., Register December 2021 No. 792.

NR 182.116 NR 182.116 Financial responsibility for closure.

NR 182.116(1) (1) The intent of this section is to coordinate the financial responsibility requirements of ch. NR 132 and this chapter as those financial responsibility requirements affect closure of a mining site. Financial responsibility for closure of a mining waste facility shall be incorporated in the bond or other financial assurance under s. 293.51 (1), Stats., provided for reclamation of the mining site and release of the financial assurance shall be processed according to reclamation procedures. A demonstration of financial responsibility by whatever means shall not be required twice for the same obligation regardless of whether the same is set forth in more than one chapter of the administrative code.

NR 182.116(2) (2) The closure requirements of this chapter shall be incorporated in and made part of the reclamation plan submitted pursuant to s. 293.37 (2) (b), Stats., and s. NR 132.109 but shall be referenced in the plan of operation submitted under s. NR 182.109. Release of the amount bonded to ensure closure according to the reclamation plan shall be processed under the provisions of s. 293.63, Stats., and s. NR 132.122 relating to the release of reclamation bonds.

NR 182.116 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.

NR 182.117 NR 182.117 Financial responsibility for long-term care.

NR 182.117(1) (1) Methods of providing proof of financial responsibility. The owner shall specify, as part of the plan of operation submittal, which method of providing proof of financial responsibility will be used for long-term care in compliance with ss. 289.41 and 293.51 (1g), Stats. To provide proof of financial responsibility, the owner may use any of the following methods to provide proof of financial responsibility under this section:

NR 182.117(1)(a) (a) Performance or forfeiture bond.

NR 182.117(1)(a)1. 1. If the owner chooses to submit a bond, it shall be in the amount determined according to sub. (3) (b), conditioned upon faithful performance by the owner and any successor in interest, of all long-term care requirements of the approved plan of operation. The bond for long term care shall be delivered to the department as part of the initial operating license application submitted under s. NR 182.111. Bond forms shall be supplied by the department.

NR 182.117(1)(a)2. 2. All bonds submitted under this paragraph shall be issued by a surety company among those listed as acceptable sureties for federal bonds in Circular 570 of the U.S. department of the treasury. At the option of the owner a performance bond or a forfeiture bond may be filed. The department shall be designated as the obligee of the bond. Surety companies may have the opportunity to complete the long-term care of the facility in lieu of cash payment to the department if the owner or any successor in interest fails to carry out the long-term care requirements of the approved plan of operation. The department shall mail notification of its intent to use the funds for that purpose to the last known address of the owner. If the owner submits a written request for a hearing to the secretary of the department within 20 days after the mailing of the notification, the department shall, prior to using the funds, hold a hearing for the purpose of determining whether, or not, the owner has fulfilled the long-term care requirements of the approved plan of operation.

NR 182.117 Note Note: Copies of Circular 570, “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” can be obtained from surety bond branch, financial management service, department of the treasury, Washington D.C. 20227, phone [phone].

NR 182.117(1)(a)3. 3. Each bond shall provide that, as long as any obligation of the owner for long-term care remains, the bond may not be canceled by the surety unless a replacement bond or other proof of financial responsibility under this section is provided to the department by the owner. If the surety proposes to cancel a bond, the surety shall provide notice to the department and to the owner in writing by registered or certified mail not less than 90 days prior to the proposed cancellation date. Not less than 30 days prior to the expiration of the 90-day notice period, the owner shall deliver to the department a replacement bond or other proof of financial responsibility under this section, in the absence of which all disposal operation shall immediately cease and the bond shall remain in effect as long as any obligation of the owner remains for long-term care. The surety may discharge its obligation under the bond at any time by paying the unused portion of the bond to the department.

NR 182.117(1)(a)4. 4. If the surety company becomes bankrupt or insolvent or if its authorization to do business is revoked or suspended, the owner shall, within 30 days after receiving written notice, deliver to the department a replacement bond or other proof of financial responsibility under this section, in the absence of which all disposal operations shall immediately cease, and the bond shall remain in effect as long as any obligation of the owner remains for long-term care.

NR 182.117(1)(b) (b) Deposit with the department. An owner may deposit cash, certificates of deposit, or U.S. government securities with the department. The amount of the deposit shall be determined according to sub. (3) and shall be submitted to the department as part of the initial license application under s. NR 182.111. Cash deposits placed with the department shall be segregated and invested in an interest-bearing account. All interest payments shall be accumulated in the account. The department shall have the right to use part, or all of, the funds to carry out the long-term care requirements of the approved plan of operation if the owner fails to do so. The department shall mail notification of its intent to use the funds to carry out the long-term care requirements of the approved plan of operation to the last known address of the owner. If the owner submits a written request for a hearing to the secretary of the department within 20 days after the mailing of the notification, the department shall, prior to using the funds, hold a hearing for the purpose of determining whether, or not, the owner has fulfilled the long-term care requirements of the approved plan of operation.

NR 182.117(1)(c) (c) Insurance.

NR 182.117(1)(c)1. 1. If the owner chooses to submit an insurance policy for long-term care, a policy shall be issued for the maximum risk limit determined according to sub. (3) (b). A certificate of insurance for long-term care shall be delivered to the department as part of the initial operating license application under s. NR 182.111. Certificate of insurance forms shall be supplied by the department.

NR 182.117(1)(c)2. 2. Except for captive insurance companies, the insurer that issues the policy under this paragraph shall be licensed to transact the business of insurance or eligible to provide insurance as an excess or surplus lines insurer in one or more states. The department, after conferring with the office of the commissioner of insurance, shall determine the acceptability of a surplus lines insurer or captive insurance company to provide coverage for proof of financial responsibility. The department shall ask the office of the commissioner of insurance to provide a financial analysis of the insurer including a recommendation as to the insurer’s ability to provide the required coverage. The department shall be the beneficiary of the insurance policy. The department may require a periodic review of the acceptability of a surplus lines insurer or captive insurance company.

NR 182.117(1)(c)3. 3. The insurance policy under this paragraph shall provide either that the unused proceeds of the policy shall be payable in full to the department upon expiration of the policy or that, as long as any obligation of the owner for long-term care remains the insurance policy may not be canceled by the insurer unless a replacement insurance policy or other proof of financial responsibility under this section is provided to the department by the owner. If the insurer proposes to cancel an insurance policy, the insurer shall provide notice to the department in writing by registered or certified mail not less than 90 days prior to the proposed cancellation date. Not less than 30 days prior to the expiration of the 90-day notice period, the owner shall deliver to the department a replacement insurance policy or other proof of financial responsibility under this section, in the absence of which all disposal operations shall immediately cease, and either the policy shall remain in effect as long as any obligation of the owner remains for long-term care or the proceeds of the policy shall be payable in full to the department.

NR 182.117(1)(c)4. 4. If the insurance company who issues the policy under this paragraph becomes bankrupt or insolvent or if the company receives an unfavorable evaluation under s. 618.41 (6) (d), Stats., the owner shall, within 30 days after receiving written notice of the bankruptcy, insolvency, or unfavorable evaluation, deliver to the department a replacement insurance policy or other proof of financial responsibility under this section, in the absence of which all disposal operations shall immediately cease, and the policy shall either remain in effect as long as any obligation of the owner remains for long-term care or be payable in full to the department.

NR 182.117(1)(c)5. 5. The insurance policy under this paragraph shall provide that funds, up to an amount equal to the maximum risk limit of the policy, will be available to the department to carry out the long-term care requirements of the approved plan of operation if the owner fails to do so. The department shall mail notification of its intent to use the funds for that purpose to the last known address of the owner. If the insurer or owner submits a written request for a hearing to the secretary of the department within 20 days after the mailing of the notification, the department shall, prior to using the funds, hold a hearing for the purpose of determining whether, or not, the owner fulfilled the long-term care requirements of the approved plan of operation.

NR 182.117(1)(c)6. 6. Each insurance policy under this paragraph shall contain a provision allowing assignment of the policy to a successor owner or operator. Such assignment may be conditioned upon the consent of the insurer, provided that the insurer’s consent is not unreasonably refused.

NR 182.117(2) (2) Cost estimates.

NR 182.117(2)(a) (a) For the purpose of calculating under sub. (3) the amount of proof of financial responsibility that is required under sub. (1), the owner shall estimate the annual cost of long-term care of the facility in current dollars for each year of the long-term care proof of owner responsibility period for the facility and submit the estimated long-term care costs, together with all necessary justification, to the department for approval as part of the plan of operation submitted under s. NR 182.109. The costs shall be based on the assumption that a third party performs the work and shall be reported on a per unit basis. The source of estimates shall be indicated.

NR 182.117(2)(b) (b) The owner shall prepare and submit to the department a new cost estimate for long-term care during the active life of the facility as follows:

NR 182.117(2)(b)1. 1. Once every 10 years following issuance of the initial operating license for the waste facility, using current dollars, unless the costs are revised under subd. 2. within the 10-year period.

NR 182.117(2)(b)2. 2. Within 60 days of the written approval by the department of a change in site design or operation for the facility.