NR 182.110(5)(a)3.3. A plan view drawing showing the location of all geomembrane tests, geomembrane panel layout, geomembrane patches and seam repairs, and geomembrane destructive samples.

NR 182.110(5)(a)4.4. A plan sheet documenting the constructed final cap grades prior to topsoil placement on a maximum 100-foot grid. Approved final cap grades shall be shown for the same area in a clear and legible manner. For areas less than 4 acres, a 50-foot grid shall be used.

NR 182.110(5)(a)5.5. The cross-sections through the closed area that are constructed parallel and perpendicular to the base line of the facility. A minimum of 4 cross-sections shall be submitted, 2 of which shall be in each direction. Each of the cross-sections shall show all surficial and subsurface features encountered including leachate lines, and other facility structures and shall be tied into the grades of adjacent previously filled areas. At a minimum, each cross-section shall show actual sub-base grades, base grades, final waste grades, and final topsoil grades.

NR 182.110(5)(a)6.6. The cross-section details shall be included to illustrate all important construction features of the final cover, and sediment control and storm water management structures.

NR 182.110(5)(b)(b) An analysis and discussion of all soil, geomembrane, and other geosynthetic testing work performed. All density and moisture content testing results shall clearly indicate which Proctor curve or line of optimums is applicable to the soil being compacted. Any changes in the referenced Proctor curve or line of optimums shall be identified as to when they occurred and why the change was made. All raw data from the soil, geomembrane, and other geosynthetic testing performed shall be included in an appendix to the closure documentation report unless other arrangements were previously approved by the department. The raw data shall be summarized using a tabulated format. Also included shall be the make, model, weight, and foot length of each piece of equipment used to compact clay.

NR 182.110(5)(c)(c) A table containing thicknesses of each layer in the cover system on a 100-foot grid pattern. When determining soil thickness by using surveying information, the table shall contain elevations before and after soil layer placement on the 100-foot grid. For areas less than 4 acres, a 50-foot grid shall be used. As an alternative to the survey method, soil thickness shall be controlled using settlement plates and grade stakes, and clay thickness shall be established on a 100-foot grid using auger borings. Boreholes shall be backfilled with a soil-bentonite mix such that the in-place permeability of the backfilled material is equal to or less than the surrounding clay cap.

NR 182.110(5)(d)(d) Daily summary reports shall be prepared for each day that installation of geomembrane or other geosynthetics is either attempted or accomplished for composite-capped mining waste facilities and shall contain the information required in s. NR 182.110 (4) (b) 5.

NR 182.110(5)(e)(e) A series of properly labeled 35-millimeter film color prints or prints from digital photographs that document all major aspects of facility closure. The images shall also be provided in reproducible electronic format. This photographic series shall include panoramic views of the closed area as well as close-up photos of the construction process and completed engineering structures.

NR 182.110(6)(6) Department action. Within 65 business days after receipt of a complete construction documentation report or a complete closure documentation report, the department shall do one of the following:

NR 182.110(6)(a)(a) Object to the construction or closure documentation report, identifying the issues that prevent the department from approving the report.

NR 182.110(6)(b)(b) Issue an approval and determination that the facility has been constructed or closed in substantial compliance with the plan of operation.

NR 182.110 HistoryHistory: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (5) (b) made under s. 13.92 (4) (b) 7., correction in (6) (a) made under s. 35.17, Stats., and numbering of (2) (a) 1. e. made under s. 13.92 (4) (b) 1., Stats., Register December 2021 No. 792.

NR 182.111(1)(1) No person may maintain or operate a waste site unless the person has obtained an operating license from the department. The owner or operator of the mining waste facility shall submit an application for an initial operating license using forms supplied by the department. The department shall issue the license for the design capacity specified in the determination of site feasibility and the approval of the plan of operation unless the department establishes any of the following by a clear preponderance of the credible evidence:

NR 182.111(1)(a)(a) The site is not constructed in substantial compliance with the approved plan of operation as determined by the department under s. NR 182.110.

NR 182.111(1)(b)(b) The applicant has failed to pay any required fees or has failed to post or maintain financial assurance instruments as specified in s. 293.51, Stats.

NR 182.111(1)(c)(c) The applicant has failed to submit adequate evidence that a notation of the existence of the facility has been recorded in the office of the register of deeds in each county in which a portion of the facility is located.

NR 182.111(2)(2) The department may suspend or revoke a license issued under this section for grievous and continuous failure to comply with the approved plan of operation, or for grievous and continuous failure to comply with the requirements of this chapter. The department shall review the license and plan of operation to determine compliance annually or at such other intervals as it determines necessary, but no more frequently than annually.

NR 182.111(3)(3) Following closure of a site or facility and issuance of a certificate of completion of reclamation under s. NR 132.122 for the portion of the mining site that includes the mining waste facility, the owner, or any successor in interest, shall apply for and maintain a license during the period of long-term care owner financial responsibility indicated in s. NR 182.117 and s. 289.41 (1m) (g), Stats.

NR 182.112(1)(1) Subject to applicable state and federal safety rules or regulations, personnel or agents of the department may accompany employees of the owner on any routine inspection required by this chapter, or may conduct inspections of their own at any other time that is reasonable under the circumstances involved. Department personnel or agents may conduct inspection of proposed mining waste facilities, mine waste facilities that are under construction, and mining waste facilities that have been licensed under this chapter, including closed facilities. Personnel or agents of the department may also examine any routine inspection reports and shall be furnished copies thereof upon request.

NR 182.112(2)(2) Except as provided in subs. (4) and (5), a qualified representative of the owner of a mining waste facility licensed under this chapter shall, at least weekly, visually inspect all of the following:

NR 182.112(2)(a)(a) The active sites or facilities, including dams, for possible damage or structural weakening.

NR 182.112(2)(b)(b) The waste handling and monitoring equipment and readings to ensure normal operation and measurements.

NR 182.112(2)(c)(c) The fences or barriers for possible damage.

NR 182.112(2)(d)(d) The buffer area around the facility for possible environmental damage related to its operation.

NR 182.112(3)(3) A qualified representative of the owner shall record the observations made in each visual inspection under sub. (2) in the facility’s operating log as set forth in these rules.

NR 182.112(4)(4) A qualified representative of the owner shall inspect active dam sites monthly. The findings on each inspection shall be recorded and filed with the department. The monthly the inspection report shall include all of the following: