NR 182.107(1u)(a)4.4. The department may specify additional monitoring locations and tests needed to support a comparative analysis of the observed groundwater quality and the predicted impacts to groundwater quality documented in the feasibility report, mining permit application, environmental impact report and wastewater engineering report.

NR 182.107(1u)(a)5.5. An operator shall monitor groundwater at locations approved by the department in the vicinity of the prospecting or mining site on a monthly basis for at least 12 consecutive months during the initial site preparation and construction phase at the mining waste site and prospecting or mining site to further characterize baseline water quality prior to operation. An operator shall include, in the parameters analyzed, those substances specified by the department for monitoring, indicator parameters as specified by the department, parameters identified as important based on characteristics of the mining wastes, and any other parameters deemed appropriate by the department for the specific conditions of the site.

NR 182.107(1u)(b)(b) In addition to the requirements under par. (a), the department shall specify the parameters for groundwater analysis and may include those considered indicator parameters and those important parameters identified from the waste characterization studies that may be appropriate under the specific conditions.

NR 182.107(1x)(1x) Non-compliance with groundwater standards. If the department has reason to believe that a site is not in compliance with the requirements of this section, or if the department projects with reasonable probability that a site will not achieve such compliance at the boundary of the design management zone and within the depth of useable groundwater, it shall require the operator to take appropriate intervention measures specified in the contingency plan submitted under s. NR 182.109, and may take additional actions including those prescribed in s. NR 140.26.

NR 182.107(2)(2) Groundwater quantity.

NR 182.107(2)(a)(a) The department shall evaluate proposed mining waste facilities to determine whether construction, operation, and closure of the facility will result in the unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state. The department may not approve any mining waste facility if the facility is likely to result in unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state.

NR 182.107(2)(b)(b) If the department finds that the proposed waste site will result in the unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state, the department shall either deny necessary approvals or the operating license for the facility or impose conditions on the necessary approvals and operating license in a manner consistent with s. 293.65 (3) (b), Stats.

NR 182.108(1)(1) An applicant is encouraged to contact the department during the early stages of project planning and development to determine what permits and approvals may be required and to assure that submissions are consistent with department requirements.

NR 182.108(2)(2) No person may establish or construct a mining waste site or expand an existing mining waste site without first obtaining approval of a feasibility report and a plan of operation from the department. The purpose of the feasibility report is to determine whether the site may be approved for the purpose intended and to identify any conditions that must be included in the plan of operation and in the license issued under this chapter. The feasibility report shall be prepared and submitted to the department in accordance with s. NR 182.104. The feasibility report shall be submitted at the same time as the permit application and plans submitted under ch. NR 131 or 132 and shall be consistent with the applications and plans submitted under ch. NR 131 or 132. If the proposed mining waste site is a surface mine backfilled with mining waste, the feasibility report submittal provisions of this section may be satisfied by including the information required by this section in the mining permit application submitted under ch. NR 132 and issuance of the mining permit shall constitute approval of the feasibility report and favorable determination of site feasibility. The amount of regional and site-specific information and data required for each waste site may vary and shall be based on results of the waste characterization studies, but shall, at a minimum, contain the items in subs. (3) to (13), unless such information is contained in the submittal of documents required under ch. NR 131, 132, or 150 or s. 23.11 (5), Stats.

NR 182.108(3)(3) The feasibility report shall contain a general overview of the proposed mining waste facility that includes all of the following:

NR 182.108(4)(4) The feasibility report shall include discussion of waste characterization studies and analysis of all mining wastes that may be disposed of or stored in the mining waste site. Waste characterization studies shall be conducted in accordance with all of the following:

NR 182.108(4)(a)(a) Waste characterization and analysis shall identify the characteristics of the wastes necessary to enable the applicant to comply with the requirements of these regulations. The waste characterization shall include an evaluation of the quantities, variability, and physical, radiologic, and chemical properties of each waste type at a level of detail necessary to support predictive modeling and assessment of potential environmental impacts related to waste handling, storage, and disposal that is sufficient to allow the department to evaluate the effectiveness of facility design and to determine the appropriate regulatory controls and monitoring requirements. The evaluation under this paragraph may include a review of the literature and results from similar existing facilities, materials, or studies in addition to project-specific characterization and analyses.

NR 182.108(4)(b)(b) Testing shall be performed on representative samples of material available or obtained through additional sampling programs, on individual wastes from the mining and milling process, and on composite wastes where mixed storage or disposal of individual wastes is proposed. When either physical or chemical segregation of a waste is proposed, each individual waste shall be tested. If representative samples of waste materials are not available and the applicant demonstrates the cost of obtaining the samples are prohibitive or technically infeasible, the analyses shall be based on the most suitable surrogate information, as determined by the department, and reasonable worst case assumptions and analyses, as determined by the department, shall be incorporated into the waste characterization evaluation and related analyses in the absence of direct analytical results. The major components of waste characterization and analysis shall include all of the following:

NR 182.108(4)(b)4.4. Laboratory dissolution testing, of appropriate duration, to determine the acid producing characteristics of the wastes, the acid-consuming characteristics of the waste and how the waste composition and physical characteristics affect the overall acid-generation and dissolved solids dissolution from the wastes. Testing shall include both static and kinetic testing protocols appropriate for the specific waste material and shall follow the best available test methodology recommended by ASTM International or other appropriate authority.