NR 182.103(5)(5) “Aquifer” means a geologic formation, group of formations, or part of a formation that is saturated with water and can store and transmit water, such as to a well or a spring, in quantities sufficient to constitute a usable supply. NR 182.103(6)(6) “Asbestos” means the asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite (amosite), anthophyllite, and actinolite-tremolite. NR 182.103(7)(7) “Background concentration” or “background water quality” means surface water or groundwater quality at or near a facility, practice or activity which has not been affected by that facility, practice or activity, established by monitoring at the proposed site, upgradient and downgradient of the proposed site and at representative reference sites, as necessary. NR 182.103(8)(8) “Baseline concentration” or “baseline water quality” means the concentration of a substance in groundwater or surface water as determined by monitoring at or near a proposed facility, practice, or activity before the facility has been constructed or the practice or activity has commenced. NR 182.103(9)(9) “Closure” means those actions to be taken by the owner or operator of a mining waste site or facility to prepare the site for long-term care and to make it suitable for other uses. NR 182.103(10)(10) “Closure plan” means a written report and supplemental engineering plans detailing those actions that will be taken by the owner or operator to effect proper closure of a nonferrous mining waste facility. NR 182.103(11)(11) “Closing” means the time at which a nonferrous mining waste site or facility ceases to accept wastes, and includes those actions taken by the owner or operator of the facility to prepare the site for long-term care and make it suitable for other uses. NR 182.103(12)(12) “Completeness” means a determination by the department that the minimum submittal requirements as established by this chapter for a plan or report have been met. NR 182.103(12m)(12m) “Composite liner” or “composite capping system” means a liner or capping system consisting of 2 low permeability components installed in direct and uniform contact, with the upper component consisting of a geomembrane material and the lower component consisting of compacted low permeability soils or compacted fine-grained soils combined with a geosynthetic clay liner. NR 182.103(13)(13) “Construct” means to engage in construction and closure activities for a new or expanded mining waste facility including any of the following: NR 182.103(13)(b)(b) Preparation and construction of facility base grade, leachate collection systems, liner systems, and final cover systems. NR 182.103(13)(d)(d) Replacement, expansion, remodeling, alteration, or extension of existing structures. NR 182.103(13)(e)(e) Acquisition and installation of equipment associated with new, expanded, or remodeled structures. NR 182.103(14)(14) “Construction documentation report” means a written report submitted under the seal of a licensed professional engineer documenting that a nonferrous mining waste disposal site or facility has been constructed in substantial compliance with a department approved plan of operation and this chapter. NR 182.103(15)(15) “Department” means the department of natural resources. NR 182.103(16)(16) “Depth of useable groundwater” means the depth into the Precambrian bedrock, as determined by the department, below which the groundwater is not reasonably capable of being used or made suitable for human consumption and is not hydrologically connected to other sources of groundwater that are suitable for human consumption. NR 182.103(17)(17) “Design capacity” means the total volume in cubic yards of waste that can be placed in a waste site, including the volume of any daily or intermediate cover material utilized in the facility, but not including final cover or topsoil. NR 182.103(19)(19) “Disposal” means the discharge, deposit, injection, dumping, or placing of any mining or prospecting waste into or on any land or water so that the mining and prospecting waste or any constituent of the waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. NR 182.103(21)(21) “Establish” means to bring a mining waste disposal site or facility into existence, in compliance with applicable approvals and rules of the department. NR 182.103(22)(22) “Expand an existing site or facility” means to dispose of nonferrous mining waste on land not previously licensed, to dispose of mining waste not in accordance with a department issued plan approval, if one exists, or to dispose of mining waste in a manner significantly different from past operations. NR 182.103(23)(23) “Facility” means any land or appurtenances to the land used for the storage or disposal of nonferrous mining wastes, but does not include land or appurtenances used in the production or transportation of mining wastes, such as the concentrator, haul roads, or tailings pipelines, that are permitted under ch. NR 131 or 132. NR 182.103(24)(24) “Feasibility report” means a report for a specific nonferrous mining waste disposal site or facility that describes the facility, surrounding area, and proposed operation in terms of land use, topography, soils, geology, hydrology, groundwater, surface water, proposed waste quantities and characteristics, and preliminary site or facility design concepts. NR 182.103(25)(25) “Fill area” means the area of a facility proposed to receive or that is receiving direct placement of nonferrous mining waste. NR 182.103(26)(26) “Floodplain” means land that has been, prior to January 1, 2022, or may be after January 1, 2022, as determined by the department, covered by flood water during the regional flood as defined in ch. NR 116 and includes the floodway and the flood fringe as defined in ch. NR 116. NR 182.103(27)(27) “Freeboard” means the height of the crest of the dam above the adjacent liquid surface within the impoundment.