Chapter NR 270

NR 270.063 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86.

NR 270.064 NR 270.064 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 270.064(1) (1) The concentration of pollutants discharged in mine drainage from tungsten mines may not exceed: 

NR 270.064(2) (2) The concentration of pollutants discharged from mills may not exceed:

NR 270.064 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86.

NR 270.07 NR 270.07 Applicability; description of the nickel ore subcategory. The provisions of this subcategory are applicable to discharges from:

NR 270.07(1) (1) Mines that produce nickel ore; and

NR 270.07(2) (2) Mills that process nickel ore.

NR 270.07 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-96.

NR 270.072 NR 270.072 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 by the application of the best practicable control technology currently available (BPT):

NR 270.072(1) (1) The concentration of pollutants discharged in mine drainage from mines producing 5000 metric tons (5512 short tons) or more of nickel bearing ores per year may not exceed:

NR 270.072(2) (2) The concentration of pollutants discharged in mine drainage from mines producing less than 5000 metric tons (5512 short tons) or discharged from mills processing less than 5000 metric tons (5512 short tons) of nickel ores per year by methods other than ore leaching may not exceed:

NR 270.072(3) (3) The concentration of pollutants discharged from mills processing 5000 metric tons (5512 short tons) or more of nickel ores per year by purely physical methods including ore crushing, washing, jigging, heavy media separation, and magnetic and electrostatic separation may not exceed:

NR 270.072(4) (4) The concentration of pollutants discharged from mills processing 5000 metric tons (5512 short tons) or more of nickel ore per year by froth flotation methods may not exceed:

NR 270.072 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86.

NR 270.08 NR 270.08 Applicability; description of the vanadium ore subcategory. The provisions of this subcategory are applicable to discharge from:

NR 270.08(1) (1) Mines that produce vanadium ore (recovered alone and not as a by-product of uranium mining and mills); and

NR 270.08(2) (2) Mills that process vanadium ore (recovered alone, not as a by-product of uranium mining and mills).

NR 270.08 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86.

NR 270.082 NR 270.082 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 reductio attainable by the application of the best practicable control technology currently available (BPT):

NR 270.082(1) (1) The concentration of pollutants discharged in mine drainage from mines producing 5000 metric tons (5512 short tons) or more of vanadium bearing ores per year may not exceed:

NR 270.082(2) (2) The concentration of pollutants discharged in mine drainage from mines producing less than 5000 metric tons (5512 short tons) or discharged from mills processing less than 5000 metric tons (5512 short tons) of vanadium ore per year by methods other than ore leaching may not exceed:

NR 270.082(3) (3) The concentration of pollutants discharged from mills processing 5000 metric tons (5512 short tons) or more of vanadium ores per year by purely physical methods including ore crushing, washing, jigging, heavy media separation, and magnetic and electrostatic separation may not exceed:

NR 270.082(4) (4) The concentration of pollutants discharged from mills processing 5000 metric tons (5512 short tons) or more of vanadium ores per year by froth flotation methods may not exceed:

NR 270.082 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86.

NR 270.09 NR 270.09 Applicability; description of the antimony ore subcategory. The provisions of this subcategory are applicable to discharges from:

NR 270.09(1) (1) Mines that produce antimony ore; and

NR 270.09(2) (2) Mills that process antimony ore.

NR 270.09 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86.

NR 270.10 NR 270.10 Applicability; description of the copper, lead, zinc, gold, silver, and molybdenum ores subcategory. The provisions of this subcategory are applicable to discharges from:

NR 270.10(1) (1) Mines that produce copper, lead, zinc, gold, silver, or molybdenum bearing ores, or any combination of these ores from open-pit or underground operations other than placer deposits;

NR 270.10(2) (2) Mills that use the froth-flotation process alone or in conjunction with other processes, for the beneficiation of copper, lead, zinc, gold, silver, or molybdenum ores, or any combination of these ores;

NR 270.10(3) (3) Mines and mills that use dump, heap, in-situ leach or vat-leach processes to extract copper from ores or ore waste materials;

NR 270.10(4) (4) Mills that use the cyanidation process to extract gold or silver; and

NR 270.10(5) (5) Mines or mines and mills that use gravity separation methods (including placer or dredge mining or concentrating operations, and hydraulic mining operations) to extract gold ores or silver ores.

NR 270.10 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86.

NR 270.102 NR 270.102 Effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology (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 by the application of the best practicable control technology currently available (BPT):

NR 270.102(1) (1) The concentration of pollutants discharged in mine drainage from mines operated to obtain copper bearing ores, lead bearing ores, zinc bearing ores, gold bearing ores, or silver bearing ores, or any combination of these ores open-pit or underground operations other than placer deposits may not exceed:

NR 270.102(2) (2) The concentration of pollutants discharged from mills which employ the froth flotation process alone or in conjunction with other processes, for the beneficiation of copper ores, lead ores, zinc ores, gold ores, or silver ores, or any combination of these ores may not exceed:

NR 270.102(3) (3) 

NR 270.102(3)(a) (a) Except as provided in this subsection, there may not be discharge of process wastewater to navigable water from mines and mills which employ dump, heap, in-situ leach or vat leach processes for the extraction of copper from ores or ore waste materials.

NR 270.102(3)(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 270.102(4) (4) 

NR 270.102(4)(a) (a) Except as provided in this subsection, there may not be discharge of process wastewater to navigable waters from mills which extract gold or silver by use of the cyanidation process.

NR 270.102(4)(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 270.102 Note Note: The concentration of pollutants discharged in mine drainage from mines of discharged from mine and mill complexes beneficiating gold ores or silver ores by gravity separation methods including mining of placer deposits, dredge mining and hydraulic mining operations will be proposed and promulgated at a late date.

NR 270.102(6) (6) The concentration of pollutants discharged in mine drainage from mines producing 5000 metric tons (5512 short tons) or more of molybdenum bearing ores per year may not exceed:

NR 270.102(7) (7) The concentration of pollutants discharged in mine drainage from mines producing less than 5000 metric tons (5512 short tons) or discharged from mills processing less than 5000 metric tons (5512 short tons) of molybdenum ores per year by methods other than ore leaching may not exceed:

NR 270.102(8) (8) The concentration of pollutants discharged from mills processing 5,000 metric tons (5,512 short tons) or more of molybdenum ores per year by purely physical methods including ore crushing, washing, jigging, and heavy media separation may not exceed:

NR 270.102(9) (9) The concentration of pollutants discharged from mills processing 5000 metric tons (5512 short tons) or more of molybdenum ores per year by froth flotation methods may not exceed:

NR 270.102 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86.

NR 270.103 NR 270.103 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 270.103(1) (1) The concentration of pollutants discharged in mine drainage from mines that produce copper, lead, zinc, gold, silver, or molybdenum bearing ores or any combination of these ores from open-pit or underground operations other than placer deposits may not exceed: 

NR 270.103(2) (2) The concentration of pollutants discharged from mills that use the froth flotation process alone, or in conjunction with other processes, for the beneficiation of copper, lead, zinc, gold, silver, or molybdenum ores or any combination of these ores may not exceed:

NR 270.103(3) (3) 

NR 270.103(3)(a) (a) Except as provided in this subsection, there may not be discharge of process wastewater to navigable waters from mine areas and mill processes and areas that use dump, heap, in-situ leach or vat-leach processes to extract copper from ores or ore waste materials.

NR 270.103(3)(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 270.103(4) (4) 

NR 270.103(4)(a) (a) Except as provided in this subsection, there may not be discharge of process wastewater to navigable waters from mills that use the cyanidation process to extract gold or silver.

NR 270.103(4)(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 270.103 Note Note: The concentration of pollutants discharged in mine drainage or discharged from mines and mills beneficiating gold or silver ores by gravity separation methods including mining of placer deposits, dredge mining and hydraulic mining operations will be proposed and promulgated at a later date.

NR 270.103 History History: Cr. Register, October, 1986, No. 30, eff. 11-1-86.

NR 270.104 NR 270.104 New source performance standards (NSPS). Except as provided in ss. NR 270.0015, 270.002 and 270.003 and 40 CFR 125.30-125.32, 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 270.104(1) (1) The concentration of pollutants discharged in mine drainage from mines that produce copper, lead, zinc, gold, silver, or molybdenum bearing ores or any combination of these ores from open-pit or underground operations other than placer deposits may not exceed:

NR 270.104(2) (2) 

NR 270.104(2)(a) (a) Except as provided in this subsection, there may not be discharge of process wastewater to navigable waters from mills that use the froth-flotation process alone, or in conjunction with other processes, for the beneficiation of copper, lead, zinc, gold, silver, or molybdenum ores or any combination of these ores.

NR 270.104(2)(b) (b)

NR 270.104(2)(b)1. 1. 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 270.104(2)(b)2. 2. In the event there is a build up of contaminants in the recycle water which significantly interferes with the ore recovery process and this interference cannot be eliminated through appropriate treatment of the recycle water, the permitting authority may allow a discharge of process wastewater in an amount necessary to correct the interference problem after installation of appropriate treatment. This discharge shall be subject to the limitations of sub. (1). The facility shall have the burden of demonstrating to the department that that discharge is necessary to eliminate interference in the ore recovery process and that the interference could not be eliminated through appropriate treatment of the recycle water.

NR 270.104(3) (3) 

NR 270.104(3)(a) (a) Except as provided in this subsection, there may not be discharge of process wastewater to navigable waters from mine areas and mill processes and areas that use dump, heap, in-situ leach or vat-leach processes to extract copper from ores or ore waste materials.

NR 270.104(3)(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 270.104(4) (4) 

NR 270.104(4)(a) (a) Except as provided in this subsection, there may not be discharge of process wastewater to navigable waters from mills that use the cyanidation process to extract gold or silver.

NR 270.104(4)(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 270.104 Note Note: The concentration of pollutants discharged in mine drainage or discharged from mines and mills beneficiating gold or silver ores by gravity separation methods including mining of placer deposits, dredge mining and hydraulic mining operations will be proposed and promulgated at a later date.

NR 270.104 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86.

NR 270.11 NR 270.11 Applicability; description of the platinum ore subcategory. The provisions of this subcategory are applicable to discharges from:

NR 270.11(1) (1) Mines that produce platinum ore; and

NR 270.11(2) (2) Mills that process platinum ore.

NR 270.11 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86.

NR 270.113 NR 270.113 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 270.113(1) (1) The concentration of pollutants discharged in mine drainage from mines that produce platinum bearing ores from open-pit or underground operations other than placer deposits may not exceed:

NR 270.113(2) (2) The concentration of pollutants discharged from mills that use the froth-flotation process alone, or in conjunction with other processes, for the beneficiation of platinum ores may not exceed: 

NR 270.113 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86.

NR 270.12 NR 270.12 Cross-references. The federal citations in this chapter correspond to provisions of the Wisconsin Administrative Code and Wisconsin Statutes. The federal citations may be cross-referenced in the following table:

NR 270.12 History History: Cr. Register, October, 1986, No. 370, eff. 11-1-86; correction made under s. 13.93 (2m) (b) 7., Stats., Register, November, 1997.