NR 182.103(42)(c)(c) “Mining waste” does not include topsoil and mine overburden not disposed of in a waste site, but placed in a facility permitted under ch. NR 131 or 132, to be returned to the mine site or used in the reclamation process, and does not include merchantable by-products. NR 182.103(42)(d)(d) “Mining waste” does not include trees and other vegetation removed from the mining site during site preparation and facility construction. NR 182.103(43)(43) “Monitoring” means all procedures used to systematically inspect and collect data on the performance of a facility relating to leachate and gas production or the effect on the quality of the air, groundwater, surface water, unsaturated zone, or soils. NR 182.103(44)(44) “Non-mining solid waste” means solid waste generated as part of a nonferrous prospecting or mining operation that is not mining waste and includes materials such as discarded vegetation, tires, barrels, sanitary waste, and various other solid waste materials defined in ch. NR 500, including construction and demolition waste, garbage, commercial solid waste and municipal solid waste. NR 182.103(45)(45) “Operator” means the person who is responsible for the overall operation of a nonferrous mining waste facility or for part of a nonferrous mining waste facility. NR 182.103(46)(46) “Ore” means a naturally occurring material from which nonferrous metallic minerals can be recovered at a profit. NR 182.103(47)(47) “Overburden” means any unconsolidated geologic material such as till, sand and gravel, or weathered bedrock that may be removed during mining. NR 182.103(48)(48) “Owner” means any person who owns a nonferrous mining waste facility or part of a nonferrous mining waste facility whether individually, jointly, or through subsidiaries, agents, employees, or contractors. NR 182.103(49)(49) “Person” means an individual, trust, firm, cooperative, institution, joint stock company, corporation, including a government corporation, partnership, association, state, municipality, commission, political subdivision of a state, interstate body, or federal or state department, agency, or instrumentality. NR 182.103(50)(50) “Plan of operation” means a report submitted for a nonferrous mining waste disposal site or facility that describes its location, design, construction, sanitation, operation, maintenance, closing, and long-term care. NR 182.103(51)(51) “Pollution” means the contaminating or rendering unclean or impure the air, land, or waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal, or plant life. NR 182.103(53)(53) “Proof of financial responsibility” means a deposit or other financial instrument in compliance with ss. 289.41 and 293.51 (1g), Stats., ensuring that sufficient funds will be available to comply with the closure and long-term care requirements of this chapter and the approved plan of operation. NR 182.103(55)(55) “Reclamation plan” means the proposal for the reclamation of the nonferrous prospecting or mining site, including the closure of a mining waste disposal site or facility, that is approved by the department under s. 293.45 or 293.49, Stats., and ch. NR 131 or 132 as part of the prospecting or mining permit. NR 182.103(57)(57) “Soil” means material that has been physically and chemically derived from the bedrock by nature. NR 182.103(59)(59) “Statistically significant change” means an amount of change determined by the use of valid statistical procedures for measuring significance at a level of 0.05. NR 182.103(60)(60) “Storage” means the temporary placement of nonferrous mining waste in such a manner as to not constitute ultimate disposal, in compliance with a mining permit or prospecting permit and plans approved under this chapter. NR 182.103(61)(61) “Tailings” means waste material resulting from the washing, concentration, chemical extraction or treatment of crushed ore. NR 182.103(62)(62) “Termination” means the final actions taken by an owner or operator of a nonferrous mining waste facility when formal responsibilities for long-term care cease. NR 182.103(63)(63) “Topsoil” means natural loam, sandy loam, silt loam, silt clay loam, or clay loam humus-bearing soils or other material that will easily produce and sustain dense growths of vegetation capable of preventing wind and water erosion of the material itself and other materials beneath. NR 182.103(65)(65) “Waste rock” means consolidated rock that has been removed during mining or prospecting but is not of sufficient value at the time of removal to constitute an ore. NR 182.103(66)(66) “Waste site” or “waste sites and facilities” means any land or appurtenances used for the storage or disposal of nonferrous mining waste, but does not include land or appurtenances used in the production or transportation of nonferrous mining waste, such as the concentrator, haul roads, or tailings pipelines, which are permitted under ch. NR 131 or 132. NR 182.103(67)(67) “Well” means any drillhole or other excavation or opening constructed for the purpose of obtaining or monitoring groundwater. NR 182.103(68)(68) “Well nest” means 2 or more wells installed within 10 feet of each other at the ground surface and constructed to varying depths. NR 182.103(69)(69) “Wetland” means an area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and that has soils indicative of wet conditions.