NR 182.106(5)(5) The applicant shall give high priority to the selection of a design and operating procedure for the mine, mill, and mining waste disposal sites that will provide for the reclamation of all disturbed sites and minimize the risk of environmental pollution. When practicable, an applicant shall select facilities and practices to ensure any of the following:

NR 182.106(5)(a)(a) Minimize production of mining waste through the design and operation of the mining facility.

NR 182.106(5)(b)(b) Provide for the segregation of acid-generating wastes from those materials that are not acid-generating waste.

NR 182.106(5)(c)(c) Provide for eventual underground backfill of waste, in the event of underground mining, with emphasis on segregated acid-generating materials.

NR 182.107(1)(a)(a) Applicability. Notwithstanding the applicability provisions of s. NR 140.03, under the authority of ss. 293.15 (11) and 293.66, Stats., mining waste facilities regulated under this chapter and other facilities situated on a prospecting site regulated under ch. NR 131 or a mining site regulated under ch. NR 132, shall comply with the groundwater quality standards specified in ch. NR 140 as implemented in this section.

NR 182.107(1)(b)(b) Design management zones.

NR 182.107(1)(b)1.1. The horizontal distance to the boundary of the design management zone for mining waste facilities regulated under this chapter shall be 1,200 feet from the limits of filling, unless reduced under s. NR 140.22 (3), or at the boundary of property owned or leased by the applicant, whichever distance is less.

NR 182.107(1)(b)2.2. The horizontal distance to the boundary of the design management zone for a surface mine or surface prospecting excavation shall be 1,200 feet from the edge of the mine or prospecting excavation, unless reduced under s. NR 140.22 (3), or at the boundary of property owned or leased by the applicant, whichever distance is less.

NR 182.107(1)(b)3.3. The horizontal distance to the boundary of the design management zone for an underground mine or prospecting excavation shall be 1,200 feet from the maximum outer edge of the underground prospecting or mine workings adjacent to the ore body as projected to the land surface, unless reduced pursuant to s. NR 140.22 (3), or at the boundary of property owned or leased by the applicant, whichever distance is less.

NR 182.107(1)(b)4.4. The horizontal distance to the boundary of the design management zone for facilities, other than the prospecting excavation, mine, and mining waste facility, situated on a prospecting site regulated under ch. NR 131 or a mining site regulated under ch. NR 132, shall be as specified in Table 4 of ch. NR 140, if listed, or 150 feet from the edge of the facility, unless expanded or reduced under s. NR 140.22 (3), or at the boundary of property owned or leased by the applicant, whichever distance is less.

NR 182.107(1)(c)(c) Depth of useable groundwater.

NR 182.107(1)(c)1.1. For facilities located on a mining or prospecting site or any activity that will take place under a mining or prospecting permit or under another approval related to a mining or prospecting operation, the department shall determine the depth of useable groundwater.

NR 182.107(1)(c)2.2. For an activity regulated under a mining or prospecting permit or another approval related to the mining or prospecting operation, the department may not apply a groundwater enforcement standard at any point that is deeper than the depth of useable groundwater.

NR 182.107(1)(d)(d) Mandatory intervention boundary. The horizontal distance to the mandatory intervention boundary for a mining waste facility or a surface or underground mine or prospecting excavation shall be 150 feet from the limits of filling, the outer edge of the mine or prospecting excavation, or the outer edge of the underground workings as projected vertically to the land surface, unless the boundary of the design management zone is within 300 feet of the outer waste boundary, mine, prospecting excavation, or underground prospecting, or mine workings. In no case may the mandatory intervention boundary extend more than one half the distance from the limits of filling, mine, prospecting excavation, or underground prospecting or mine workings to the boundary of the design management zone. The mandatory intervention boundary shall apply as provided in subs. (1s) and (1u).

NR 182.107(1p)(1p) Substances without a standard under ch. nr 140. For any substance for which there is not an enforcement standard and preventive action limit in ch. NR 140, the waste site, mine and other facilities on a mining site may not cause concentrations that have a substantial deleterious impact on a current beneficial use or a significant future beneficial use of groundwater, such as drinking, irrigation, aquaculture, maintenance of livestock, or maintenance of aquatic and terrestrial ecosystems, as designated by the department.

NR 182.107(1s)(a)(a) As part of its plan of operation approval issued under s. NR 182.109 (3) (b), the department shall determine the adequacy of the contingency plan submitted by the applicant under s. NR 182.109 (2) (d) that specifies the action that will be taken if an analysis of groundwater samples requires a response under ss. NR 140.24 to 140.27 and this section. The contingency plan shall provide that the response protocol includes a comparison of the observed sampling results to the results of the original predictive modeling, completed as part of the feasibility report and mine permitting and environmental review processes, and updated predictive modeling completed subsequent to the start of operation. If the comparison indicates that the observed sampling results are consistent with the design and expected performance of the facility, and the sampling results indicate that an enforcement standard or a preventive action limit has not been exceeded within the depth of useable groundwater and beyond the mandatory intervention boundary, the operator may recommend a no response action in accordance with s. NR 140.24.

NR 182.107(1s)(b)(b) If the analyses of groundwater samples collected as part of the operational groundwater monitoring program indicate that the quality of the groundwater is statistically significantly different from either baseline or background, the owner shall do all of the following:

NR 182.107(1s)(c)(c)

NR 182.107(1s)(c)1.1. If a preventive action limit or an enforcement standard has been exceeded within the depth of useable groundwater and beyond the mandatory intervention boundary, the department shall require a response in accordance with s. NR 140.24, but may not approve a no action response under s. NR 140.24 (5).

NR 182.107(1s)(c)2.2. If a response under s. NR 140.24 (5) has previously been taken, and if subsequent monitoring results are consistent with updated predictive modeling projections and indicate that the groundwater standards will not be attained or exceeded within the depth of useable groundwater and at the design management zone, the department may determine that a no additional response is necessary.