NR 132.111(3)(b) (b) An operator shall provide adequate treatment of any discharge to waters of the state that contains reagents or residuals of reagents, as required under chs. 281 and 283, Stats., and rules promulgated under those sections.

NR 132.111(3)(c) (c) An operator shall not use or store reagents on the mining site if they are not approved in the plan of operation under s. NR 182.109 or the mining plan under s. NR 132.108, except for reagents for laboratory, testing, research, or experimental purposes.

NR 132.111(3)(d) (d) An operator shall handle and store reagents and other chemicals used in the mining and milling processes on the mining site in compliance with all applicable state and federal regulations.

NR 132.111(4) (4) An operator shall handle and store flammable, combustible, or hazardous liquids, including fuel and oil products, on the mining site in compliance with applicable state and federal regulations including ch. ATCP 93 and federal spill prevention control and countermeasure regulations in 40 CFR part 112.

NR 132.111(5) (5) Reasonable effort shall be made to reduce and control the production of contaminated water.

NR 132.111(6) (6) Contaminated water, including liquid effluents, from whatever source associated with the project should be collected, stored, recycled or treated to ensure compliance with applicable water quality standards.

NR 132.111(7) (7) An operator shall collect and treat contaminated nonpoint source runoff from disturbed areas within the mining site in a manner that facilitates monitoring, maximum practicable recycling, reuse, and consumption within the mining operation. An operator shall minimize nonpoint sources of water pollution. The department shall regulate discharges of pollutants from storm water and wastewater pursuant to ch. 283, Stats.

NR 132.111(8) (8) An operator shall make provisions for critical back-up equipment in the event of operation equipment breakdown.

NR 132.111(9) (9) An operator shall include contingencies for emergency conditions in design and operation specifications for mining site facilities. Such contingencies may include emergency power supplies, equipment redundancies, or temporary holding facilities.

NR 132.111(10) (10) An operator shall design, construct, maintain, operate, and reclaim any mining site permitted under this chapter to protect groundwater quality and quantity in accordance with the requirements of ch. NR 182 and ss. 293.37 (5), 293.65, and 293.66, Stats.

NR 132.111(11) (11) An operator may not use waste containing potentially harmful concentrations of acid generating material for purposes such as construction fill material for surface facilities or the construction of parking lots or roads at a permitted mining site.

NR 132.111(12) (12) An operator shall design mining site facilities to minimize surface area disturbance unless an alternate mining site design results in less overall environmental impact.

NR 132.111(13) (13) An operator shall utilize, where practicable, elevation differences in water-based transport systems for gravity flows to minimize pumping facilities and pressures.

NR 132.111(14) (14) An operator shall design tailings transport pipelines in accordance with all of the following criteria:

NR 132.111(14)(a) (a) Design tailings pipelines, if not buried, to provide for emergency tailings conveyance or storage should a pipeline break, plug, freeze, or require repairs and make accessible for inspection, emergency repair, and maintenance.

NR 132.111(14)(b) (b) Provide adequately sized emergency spill areas near the tailings pipeline in case of power or pipeline failure. The location of emergency spill areas shall be consistent with the prevention of environmental pollution of surface waters and with the requirements of this chapter unless subject to an exemption under s. NR 132.112. In some cases, as determined by the department, such as a long pipeline over rough country, more than one spill area may be necessary.

NR 132.111(14)(c) (c) Tailings pipelines shall be self-draining to the tailings area or to an emergency spill area, or both, and provisions shall be made for availability and use of standby pumps, pipelines, and power supplies.

NR 132.111(14)(d) (d) Tailings pipelines shall be as short as practicable and pipeline routes shall be selected that result in the least overall environmental impact and avoid crossing navigable waters and passing through wetlands whenever possible. If a route which crosses a navigable waterway or passes through a wetland is unavoidable or is the route that results in the least overall environmental impact, the pipeline shall be designed and constructed in compliance with all applicable rules of the department.

NR 132.111(14)(e) (e) Tailings pipelines shall include flow monitoring and leak detection systems.

NR 132.111(15) (15) An operator shall employ best management practices to control the spread of invasive species on the mining site during construction, operation and reclamation of project facilities.

NR 132.111 History History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (4), (10) made under s. 35.17, Stats., Register December 2021 No. 792.

NR 132.112 NR 132.112 Exemptions and variances.

NR 132.112(1) (1) Authority to grant exemptions and variances. The department may grant an exemption or variance, as provided in this section, from any of the requirements of this chapter applicable to any of the following:

NR 132.112(1)(a) (a) A mining permit application, including the mining plan, reclamation plan, monitoring plan, mining waste site feasibility study, and mining waste site plan of operation.

NR 132.112(1)(b) (b) A mining permit.

NR 132.112(2) (2) Exemption and variance requests submitted as part of the mining permit application process.

NR 132.112(2)(a) (a) To the extent feasible, an applicant shall submit all requests for exemptions or variances under this section as part of an application for a mining permit or the mining waste site feasibility report or plan of operation and shall describe the grounds for the exemption or variance including documentation identifying the physical conditions that necessitate the exemption or variance, other reasons for the exemption or variance, discussion of any environmental impacts that will result from issuance of the exemption or variance, mitigation measures, if any, proposed to offset adverse impacts resulting from the exemption or variance, and the reasonableness of the exemption or variance.

NR 132.112(2)(b) (b) An applicant shall submit an application for an exemption or variance under this subsection no later than 60 days after the mining permit application is considered complete under s. 293.495 (1) (a) 2., Stats. The department may consider an application for an exemption or variance submitted after that time, but only if the application is received in time to allow the application to be considered at the public informational hearing for the mining permit under s. 293.43 (3m), Stats.

NR 132.112(2)(c) (c) The department shall issue a decision on a request for an exemption or variance as part of the decision on the mining permit under s. NR 132.114 and, except as provided in par. (d), the department shall grant the exemption or variance if it is consistent with the purposes of this chapter and ch. 293, Stats., will not violate any applicable state environmental law outside of this chapter and ch. 293, Stats., will not endanger public health, safety, or welfare and will not result in significant adverse environmental impacts on or off the mining site.