Register March 2011 No. 663
Chapter NR 182
METALLIC MINING WASTES
License periods and fees.
General submittal requirements.
Plan of operation.
Construction and completion reports.
Minimum design and operation requirements.
Requirements for certified or registered laboratory.
Recordkeeping and reporting.
Financial responsibility for closure.
Financial responsibility for long-term care.
Waste management fund.
Exemptions and modifications.
The purpose of this chapter is to identify metallic mining and prospecting wastes and to regulate the location, design, construction, operation, maintenance, closure and long-term care of the site and facilities for the storage and disposal of metallic mining and prospecting wastes. The rules consider the special requirements of metallic mining operations in the location, design, construction, operation and maintenance of sites and facilities for the disposal of metallic mining wastes as well as any special environmental concerns that will arise as the result of the storage and disposal of metallic mining wastes.
NR 182.01 History
Cr. Register, August, 1982, No. 320
, eff. 9-1-82.
These rules govern all solid waste disposal sites and facilities for metallic mineral mining and prospecting operations as defined in s. 293.01 (9)
To the extent that prospecting and mining wastes are identified by the department as hazardous under s. 291.05 (1)
, Stats., the disposal of such wastes in a waste site governed by this chapter shall be governed and licensed under this chapter, and not under chs. NR 660
, subject to amendment, if necessary, to comply with applicable federal regulations adopted pursuant to the resource conservation and recovery act of 1976, PL 94-580
, or otherwise to adequately protect the environment. Prior to a hearing under s. 293.43
, Stats., the department shall designate those mining and prospecting wastes which are identified by the department as hazardous under s. 291.05 (1)
Owners of sites utilized for the disposal of mining waste, where the mining operation was in existence on May 21, 1978 may seek approval of any feasibility study or plan of operation for such sites. Such sites shall be licensed after a determination by the department that the disposal of nonhazardous waste is being undertaken in an environmentally sound manner. Upon such determination, compliance with the licensing requirement shall be administered in a manner which does not require substantial structural modification of the existing site, expenditure which is not appropriate for the nonhazardous nature of the waste or interruption of the mining operation, provided however, that only ss. NR 182.01
, 182.02 (1)
shall be applicable to such sites.
Sites and facilities utilized for the storage, transportation, treatment and disposal of nonmining solid wastes, not covered by the definition of metallic mineral mining and prospecting wastes, shall comply with the provisions of chs. NR 500
The provisions of this chapter are not applicable to the design, construction or operation of industrial wastewater facilities, sewerage systems and waterworks treating liquid waste approved under s. 281.41
, Stats., and/or permitted under ch. 283, Stats.
, nor to sites used solely for the disposal of liquid industrial wastes which have been approved under s. 281.41
, Stats., and/or permitted under ch. 283, Stats.
, except for sites and facilities used for the ultimate disposal of metallic mining and prospecting waste.
Any waste disposal site or facility licensed pursuant to this chapter shall be located, designed, constructed and operated in such a manner so as to:
Comply with all applicable regulations promulgated under ch. 283, Stats.
, if any such facility has a point source discharge to the waters of the state including, but not limited to, any point source discharge from a leachate or surface water runoff collection system;
Comply with s. 283.31 (2)
, Stats., and have the approval of the municipal authority for that discharge, if any such facility discharges to a publicly owned treatment works.
Any waste disposal site or facility licensed pursuant to this chapter shall be located, designed, constructed and operated in such a manner so as to prevent air emissions from such facility causing a violation of standards or regulations promulgated pursuant to ch. 285, Stats.
Any waste disposal site or facility licensed pursuant to this chapter shall be located, designed, constructed and operated in such a manner consistent with the requirements of ch. 293, Stats.
, and the rules and regulations promulgated pursuant thereto.
Pursuant to s. 293.13 (2) (a)
, Stats., the department may classify prospecting and mining activities according to the type of minerals involved. The department recognizes that the minimum standards contained in this chapter may be insufficient in regulating uranium prospecting and mining operations and the disposal of radioactive waste resulting from these and other metallic mining operations. Accordingly, the department shall cooperate with the department of health services and the radiation protection council, pursuant to s. 254.34 (1) (a)
, Stats., to assist in defining the term "radioactive mining waste". The department shall continue its evaluation of disposal practices for such wastes and shall, if necessary, request that rules be adopted to regulate uranium prospecting and mining and radioactive wastes resulting from any metallic prospecting or mining operation.
Mining wastes used in the reclamation or construction of facilities and structures on mining or prospecting sites or for backfilling an underground mine or a prospecting excavation shall be exempt from the requirements of ch. 289, Stats.
, and this chapter but shall comply with the review and approval requirements of ch. 293, Stats.
, and ch. NR 131
Surface mines which are backfilled with mining waste shall be subject to the requirements of this chapter except for ss. NR 182.07
NR 182.02 History
Cr. Register, August, 1982, No. 320
, eff. 9-1-82; cr. (10) and (11), Register, October, 1988, No. 394
, eff. 11-1-88; correction in (2) and (4) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1995, No. 477
; corrections in (2), (4), (9) made under s. 13.92 (4) (b) 6. and 7., Stats., Register March 2011 No. 663
The following special definitions are applicable to the terms used in this chapter:
"Active dam" means a dam and associated settling area into which tailings or wastewater, or both, are being introduced for purposes of clarification or which has not been reclaimed in an approved manner.
"Applicant" means a person who has applied for a solid waste license pursuant to this chapter.
"Background concentration" means the concentration of a substance in groundwater or surface water as determined by monitoring at locations which are not to be affected by the mining site.
"Baseline concentration" means the concentration of a substance in groundwater or surface water as determined by monitoring before mining operations.
"Closure" means those actions taken by the owner or operator of a solid waste site or facility to prepare the site for long-term care and to make it suitable for other uses.
"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 solid waste disposal site or facility.
"Closing" means the time at which a solid waste disposal 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 any required long-term care and make it suitable for other uses.
"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.
"Construct" means to engage in a program of on-site construction, including but not limited to site clearing, grading, dredging or landfilling.
"Construction observation report" means a written report submitted under the seal of a registered professional engineer advising that a solid waste disposal site or facility has been constructed in substantial compliance with a department approved plan of operation.
"Critical habitat areas" mean any habitat determined by the department to be critical to the continued existence of any endangered species listed in ch. NR 27
"Department" means the department of natural resources.
"Design capacity" means the total volume in cubic yards of solid waste which could be placed in a waste site, including the volume of cover material utilized in the facility, but not including final cover or topsoil.
"Disposal" means the discharge, deposit, injection, dumping or placing of any mining or prospecting waste into or on any land or water so that such waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.