NR 182.106(4)(a)(a) When practicable, on a site-specific basis, an operator shall ensure that a mining waste facility is located in the same watershed as the mining surface facilities.
NR 182.106(4)(b)(b) When practicable, on a site-specific basis, an operator shall ensure that a mining waste facility is located so that tailings pipelines do not cross any major watercourse or pass through any wetland where such crossing would be inconsistent with s. 281.36, Stats. Tailings pipelines shall be as short as practicable.
NR 182.106(4)(c)(c) An operator shall minimize upstream rainfall catchment areas.
NR 182.106(4)(d)(d) An operator shall ensure that the outside crest of the dam or embankment is higher than the inside crest in order to force runoff on the crest to the inside of the dam.
NR 182.106(4)(e)(e) When practicable, an operator shall ensure that the design of a mining waste disposal facility facilitates and incorporates ongoing or staged reclamation.
NR 182.106(4)(f)(f) An operator shall market mining wastes that are not used for construction or reclamation purposes and that present a significant risk of environmental pollution subject to all of the following requirements:
NR 182.106(4)(f)1.1. An operator shall ensure that the products and by-products of such marketing will not result in a greater potential for environmental pollution.
NR 182.106(4)(f)2.2. An operator shall ensure that a market for a particular waste is reasonably available.
NR 182.106(4)(f)3.3. An operator shall ensure that the costs for disposing of such waste exceeds the costs for its marketing.
NR 182.106(4)(g)(g) An operator shall minimize, in the disposal of mining waste, the discharge of environmental pollutants to the groundwaters of the state.
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 182.106 HistoryHistory: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22.
NR 182.107NR 182.107Groundwater standards and evaluation.
NR 182.107(1)(1)Groundwater quality.
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)(1s)Contingency plan.