Chapter NR 270

NR 270.0015 NR 270.0015 Applicability. Abbreviations and methods of analysis set forth in 40 CFR Part 401 shall apply to this chapter except as provided in ss. NR 270.002 and 270.003. The general provisions and definitions apply to all subcategories of this chapter unless otherwise noted.

NR 270.0015 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86.

NR 270.002 NR 270.002 General definitions. In addition to the definitions set forth in 40 CFR Part 401, the following definitions apply to this chapter:

NR 270.002(1) (1) “Active mining area” is a place where work or other activity related to the extraction, removal, or recovery of metal ore is being conducted, except, with respect to surface mines, any area of land on or in which grading has been completed to return the earth to desired contour and reclamation work has begun.

NR 270.002(2) (2) “Annual precipitation” and “annual evaporation” are the mean annual precipitation and mean annual lake evaporation, respectively, as established by the U.S. department of commerce, environmental science services administration, environmental data services, or equivalent regional rainfall and evaporation data.

NR 270.002(3) (3) “Appropriate treatment of the recycle water” includes, but is not limited to pH adjustment, settling and pH adjustment, settling, and mixed media filtration.

NR 270.002(4) (4) “Existing source” means any source that is not a new source.

NR 270.002(5) (5) “Groundwater infiltration” means that water which enters the treatment facility as a result of the interception of natural springs, aquifers, or run-off which percolates into the ground and seeps into the treatment facility’s tailings pond or wastewater holding facility and that cannot be diverted by ditching or grouting the tailings pond or wastewater holding facility.

NR 270.002(6) (6) “In-situ leach methods” means the processes involving the purposeful introduction of suitable leaching solutions into a uranium ore body to dissolve the valuable minerals in place and the purposeful leaching of uranium ore in a static or semistatic condition either by gravity through an open pile, or by flooding a confined ore pile. It does not include the natural dissolution of uranium by groundwaters, the incidental leaching of uranium by mine drainage, nor the rehabilitation of aquifers and the monitoring of these aquifers.

NR 270.002(7) (7) “Mill” means a preparation facility within which the metal ore is cleaned, concentrated, or otherwise processed before it is shipped to the customer, refiner, smelter, or manufacturer. A mill includes all ancillary operations and structures necessary to clean, concentrate, or otherwise process metal ore, such as ore and gangue storage areas and loading facilities.

NR 270.002(8) (8) “Mine” is an active mining area, including all land and property placed under, or above the surface of such land, used in or resulting from the work of extracting metal ore or minerals from their natural deposits by any means or method, including secondary recovery of metal ore from refuse or other storage piles, wastes, or rock dumps and mill tailings derived from the mining, cleaning or concentration of metal ores.

NR 270.002(9) (9) “Mine drainage” means any water drained, pumped, or siphoned from a mine.

NR 270.002(10) (10) “Navigable water” has the meaning designated in s. 281.31 (2) (d), Stats.

NR 270.002(11) (11) “New source,” as defined for BPT, BAT, BCT, and NSPS, means any point source the construction of which commenced after January 17, 1983.

NR 270.002(12) (12) “Ten year, 24-hour precipitation event” is the maximum 24-hour precipitation event with a probable recurrence interval of once in 10 years as established by the U.S. department of commerce, national oceanic and atmospheric administration, national weather service, or equivalent regional or rainfall probability information.

NR 270.002(13) (13) “U” means uranium as measured by the procedure discussed in 40 CFR 141.25 (b) (2), or an equivalent method.

NR 270.002 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86; correction in (10) made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1997, No. 503.

NR 270.003 NR 270.003 General provisions.

NR 270.003(1) (1) Combined waste streams. In the event that waste streams from various subcategories or segments of subcategories in this chapter are combined for treatment and discharge, the quantity and concentration of each pollutant or pollutant property in the combined discharge that is subject to effluent limitations may not exceed the quantity and concentration of each pollutant or pollutant property that could have been discharged had each waste stream been treated separately. In addition, the discharge flow from the combined discharge may not exceed the volume that could have been discharged had each waste stream been treated separately.

NR 270.003(2) (2) Storm exemption for facilities permitted to discharge. If, as a result of precipitation or snowmelt, a source with an allowable discharge under this chapter has an overflow or excess discharge of effluent which does not meet the limitations of this chapter, the source may qualify for an exemption from such limitations with respect to such discharge if the following conditions are met:

NR 270.003(2)(a) (a) The facility is designed, constructed, and maintained to contain the maximum volume of wastewater which would be generated by the facility during a 24-hour period without an increase in volume from precipitation and the maximum volume of wastewater resulting from a 10-year, 24-hour precipitation event or treat the maximum flow associated with these volumes. In computing the maximum volume of wastewater which would result from a 10-year, 24-hour precipitation event, the facility shall include the volume which would result from all areas contributing runoff to the individual treatment facility, i.e., all runoff that is not diverted from the active mining area and runoff which is not diverted from the mill area.

NR 270.003(2)(b) (b) The facility takes all reasonable steps to maintain treatment of the wastewater and minimize the amount of overflow.

NR 270.003(2)(c) (c) The facility complies with the notification requirements of 40 CFR 122.41 (m) and (n). The storm exemption is designed to provide an affirmative defense to an enforcement action. Therefore, the operator has the burden of demonstrating to the appropriate authority that the conditions have been met.

NR 270.003(3) (3) Storm exemption for facilities not permitted to discharge. If, as a result of precipitation (rainfall or snowmelt), a source which is not permitted to discharge under this chapter, has an overflow or discharge which violates the limitations of this chapter, the source may qualify for an exemption from such limitations with respect to such discharge if the following conditions are met:

NR 270.003(3)(a) (a) The facility is designed, constructed, and maintained to contain the maximum volume of wastewater stored and contained by the facility during normal operating conditions without an increase in volume from precipitation and the maximum volume of wastewater resulting from a 10-year, 24-hour precipitation event. In computing the maximum volume of wastewater which would result from a 10-year, 24-hour precipitation event, the facility shall include the volume which would result from all areas contributing runoff to the individual treatment facility, i.e., all runoff that is not diverted from the area or process subject to zero discharge, and other runoff that is allowed to commingle with the influent to the treatment system.

NR 270.003(3)(b) (b) The facility takes all reasonable steps to minimize the overflow or excess discharge.

NR 270.003(3)(c) (c) The facility complies with the notification requirements of 40 CFR 122.41 (m) and (n). The storm exemption is designed to provide an affirmative defense to an enforcement action. Therefore, the operator has the burden of demonstrating to the appropriate authority that the conditions have been met.

NR 270.003(4) (4) pH adjustment.

NR 270.003(4)(a) (a) Where the application of neutralization and sedimentation technology to comply with relevant metal limitations results in an inability to comply with the pH range of 6.0 to 9.0, the permit issuer may allow the pH level in the final effluent to slightly exceed 9.0 so that the copper, lead, zinc, mercury and cadmium limitations will be achieved.

NR 270.003(4)(b) (b) In the case of a discharge into natural receiving waters for which the pH, if unaltered by human activities, is or would be less than 6.0 and approved water quality standards authorize such lower pH, the pH limitations for the discharge may be adjusted downward to the pH water quality criterion for the receiving waters provided the other effluent limitations for the discharge are met. In no case may a pH limitation below 5.0 be permitted.

NR 270.003(5) (5) Groundwater infiltration provision. In the event a new source subject to a no discharge requirement can demonstrate that groundwater infiltration contributes a substantial amount of water to the tailing impoundment or wastewater holding facility, the department may allow the discharge of a volume of water equivalent to the amount of groundwater infiltration. This discharge shall be subject to the limitations for mine drainage applicable to the new source subcategory.

NR 270.003 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86.

NR 270.01 NR 270.01 Applicability: description of the iron ore subcategory. The provisions of this subcategory are applicable to discharges from:

NR 270.01(1) (1) Mines operated to obtain iron ore, regardless of the type of ore or its mode of occurrence; and

NR 270.01(2) (2) Mills beneficiating iron ores by physical (magnetic and nonmagnetic) or chemical separation, or both.

NR 270.01 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86.

NR 270.012 NR 270.012 Effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT). Except as provided in ss. NR 270.0015, 270.002 and 270.003 and 40 CFR 125.30 - 125.32, any existing point source subject to this subcategory shall achieve the following effluent limitations representing the degree of effluent reduction attainable after application of the best practicable control technology currently available (BPT):

NR 270.012(1) (1) The concentration of pollutants discharged in mine drainage from mines operated to obtain iron ore may not exceed:

NR 270.012(2) (2) The concentration of pollutants discharged from mills that employ physical (magnetic and nonmagnetic) or chemical methods, or both, to beneficiate iron ore may not exceed:

NR 270.012 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86.

NR 270.013 NR 270.013 Effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). Except as provided in ss. NR 270.0015, 270.002 and 270.003 and 40 CFR 125.30-125.32, any existing point source subject to this subcategory shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT):

NR 270.013(1) (1) The concentration of pollutants discharged in mine drainage from mines operated to obtain iron ore may not exceed:

NR 270.013(2) (2) The concentration of pollutants discharged from mills that employ physical (magnetic and nonmagnetic) or chemical methods, or both, to beneficiate iron ore may not exceed:

NR 270.013 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86.

NR 270.014 NR 270.014 New source performance standards (NSPS). Except as provided in ss. NR 270.0015, 270.002 and 270.003, any new source subject to this subcategory shall achieve the following NSPS representing the degree of effluent reduction attainable by the application of the best available demonstrated technology (BADT):

NR 270.014(1) (1) The concentration of pollutants discharged in mine drainage from mines operated to obtain iron ore may not exceed:

NR 270.014(2) (2) The concentration of pollutants discharged from mills that employ physical (magnetic and nonmagnetic) or chemical methods, or both, to beneficiate iron ore may not exceed:

NR 270.014 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86

NR 270.02 NR 270.02 Applicability: description of the aluminum ore subcategory. The provisions of this subcategory are applicable to discharges from facilities engaged in the mining of bauxite as an aluminum ore.

NR 270.02 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86.

NR 270.022 NR 270.022 Effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT). Except as provided in ss. NR 270.0015, 270.002 and 270.003 and 40 CFR 125.30 - 125.32, any existing source subject to this subcategory shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT), The concentration of pollutants discharged in mine drainage from mines producing bauxite ores may not exceed:

NR 270.022 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86

NR 270.023 NR 270.023 Effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). Except as provided in ss. NR 270.0015, 270.002 and 270.003 and 40 CFR 125.30 - 125.32, any existing point source subject to this subcategory shall achieve the following limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). The concentration of pollutants discharged in mine drainage from mines producing bauxite ores may not exceed:

NR 270.023 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86.

NR 270.024 NR 270.024 New source performance standards (NSPS). Except as provided in ss. NR 270.0015, 270.002 and 270.003, any new source subject to this subcategory shall achieve the following NSPS representing the degree of effluent reduction attainable by the application of the best available demonstrated technology (BADT). The concentration of pollutants discharged in mine drainage from mines producing bauxite ores may not exceed:

NR 270.024 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86.

NR 270.03 NR 270.03 Applicability; description of the uranium, radium and vanadium ores subcategory. The provisions of this subcategory are applicable to discharges from:

NR 270.03(1) (1) Mines either open-pit or underground, from which uranium, radium and vanadium ores are produced; and

NR 270.03(2) (2) Mills using the acid leach, alkaline leach, or combined acid and alkaline leach process for extraction of uranium, radium and vanadium. Only vanadium byproduct production from uranium ores is covered under this subcategory.

NR 270.03 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86.

NR 270.032 NR 270.032 Effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT). Except as provided in ss. NR 270.0015, 270.002 and 270.003 and 40 CFR 125.30 - 125.32, any existing point source subject to this subcategory shall achieve the following effluent limitations representing the degree of effluent reduction attainable after application of the best practicable control technology currently available (BPT):

NR 270.032(1) (1) The concentration of pollutants discharged in mine drainage from mines either open-pit or underground, from which uranium, radium and vanadium ores are produced excluding mines using in-situ leach methods may not exceed:

NR 270.032(2) (2) The concentrations of pollutants discharged from mills using the acid leach, alkaline leach or combined acid and alkaline leach process for the extraction of uranium, radium and vanadium including mill-mine facilities and mines using in-situ leach methods may not exceed:

NR 270.032 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86.

NR 270.033 NR 270.033 Effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). Except as provided in ss. NR 270.0015, 270.002 and 270.003 and 40 CFR 125.30 - 125.32, any existing point source subject to this subcategory shall achieve the following limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT):

NR 270.033(1) (1) The concentration of pollutants discharged in mine drainage from mines either open-pit or underground, that produce uranium ore, including mines using in-situ leach methods, may not exceed:

NR 270.033 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86.

NR 270.034 NR 270.034 New source performance standards (NSPS). Except as provided in ss. NR 270.0015, 270.002 and 270.003, any new source subject to this subcategory shall achieve the following NSPS representing the degree of effluent reduction attainable by the application of the best available demonstrated technology (BADT):

NR 270.034(1) (1) The concentration of pollutants discharged in mine drainage from mines, either open-pit or underground, that produce uranium ore, excluding mines using in-situ leach methods, may not exceed:

NR 270.034(2) (2) 

NR 270.034(2)(a) (a) Except as provided in this subsection, there may not be discharge of process wastewater to navigable waters from mills using the acid leach, alkaline leach or combined acid and alkaline leach process for the extraction of uranium or from mines and mills using in-situ leach methods.

NR 270.034(2)(b) (b) In the event that the annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility exceeds the annual evaporation, a volume of water equivalent to the difference between annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility and annual evaporation may be discharged subject to the limitations set forth in sub. (1).

NR 270.034 History History: Cr. Register, October, 1986, No. 3y0, eff. 11-1-86.

NR 270.04 NR 270.04 Applicability; description of the mercury ore subcategory. The provisions of this subcategory are applicable to discharges from:

NR 270.04(1) (1) Mines, either open-pit or underground, that produce mercury ores; and

NR 270.04(2) (2) Mills beneficiating mercury ores by gravity separation methods or by froth-flotation methods.

NR 270.04 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86.

NR 270.042 NR 270.042 Effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT). Except as provided in ss. NR 270.0015, 270.002 and 270.003 and 40 CFR 125.30-125.32, any existing point source subject to this subcategory shall achieve the following effluent limitations representing the degree of effluent reduction attainable after application of the best practicable control technology currently available (BPT):

NR 270.042(1) (1) The concentration of pollutants discharged in mine drainage from mines, either open-pit or underground, operated for the production of mercury ores may not exceed the following limitations:

NR 270.042(2) (2) 

NR 270.042(2)(a) (a) Except as provided in this subsection, there may not be discharge of process wastewater to navigable waters from mills beneficiating mercury ores by gravity separation methods or by froth flotation methods.

NR 270.042(2)(b) (b) In the event that the annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility exceeds the annual evaporation, a volume of water equivalent to the difference between annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility and annual evaporation may be discharged subject to the limitations set forth in par. (a).

NR 270.042 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86.

NR 270.043 NR 270.043 Effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). Except as provided in ss. NR 270.0015, 270.002 and 270.003 and 40 CFR 125.30-125.32, any existing point source subject to this subcategory shall achieve the following limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT):

NR 270.043(1) (1) The concentration of pollutants discharged in mine drainage from mines, either open pit or underground, that produce mercury ores may not exceed:

NR 270.043(2) (2) 

NR 270.043(2)(a) (a) Except as provided in this subsection, there may not be discharge of process wastewater to navigable waters from mills beneficiating mercury ores by gravity separation methods or by froth-flotation methods.

NR 270.043(2)(b) (b) In the event that the annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility exceeds the annual evaporation, a volume of water equal to the difference between annual precipitation falling on the treatment facility and the drainage area contributing surface runoff to the treatment facility and annual evaporation may be discharged subject to the limitations set forth in sub. (1).

NR 270.043 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86.