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.
"Establish" means to bring a solid waste disposal site or facility into existence.
"Expand an existing site or facility" means to dispose of solid waste on land not previously licensed, to dispose of solid waste not in accordance with a department issued plan approval, if one exists, or to dispose of solid waste in a manner significantly different from past operations.
"Facility" or "facilities" means any land or appurtenances thereto used for the storage or disposal of 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, which are permitted under ch. NR 131
"Feasibility report" means a report for a specific solid waste disposal site or facility that describes the site, surrounding area, and proposed operation in terms of land use, topography, soils, geology, groundwater, surface water, proposed waste quantities and characteristics, and preliminary site or facility design concepts.
"Fill area" means the area proposed to receive or which is receiving direct application of solid waste.
"Floodplain" means the land which has been or may be hereafter 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
"Freeboard" means the height of the crest of the dam above the adjacent liquid surface within the impoundment. The "design freeboard" means the minimum freeboard which would occur during the design flood.
"Groundwater" means water in a zone of saturation located below the surface of land.
"Groundwater quality" means the chemical, physical, biological, thermal, or radiological quality of groundwater at a site or within an underground aquifer.
"Inactive dam" means a dam and associated settling area that is no longer actually being used for disposal of wastewater or tailings, or both, and which has been reclaimed in an approved manner.
"Landfill" means a solid waste land disposal site or facility, not classified as a landspreading facility or a surface impoundment facility, where solid waste is disposed on land without creating nuisances or hazards to public health or safety, by utilizing the principles of engineering to confine the solid waste to the smallest practical area, to reduce it to the smallest practical volume, and to cover it with a layer of earth at such intervals as may be necessary.
"Leachate" means water or other liquid that has been contaminated by dissolved or suspended materials due to contact with solid waste.
"Long-term care" means the routine care, maintenance and monitoring of a solid waste land disposal facility following the closing of the facility.
"Merchantable by-product" means all waste soil, rock, mineral, liquid, vegetation and other material directly resulting from or displaced by the mining, cleaning or preparation of minerals during mining operations which are determined by the department to be marketable upon a showing of marketability made by the operator, accompanied by a verified statement by the operator of his or her intent to sell such material within 3 years from the time it results from or is displaced by mining. It after 3 years from the time merchantable by-product results from or is displaced by mining such material has not been transported off the mining site, it shall be considered and regulated as refuse as defined in s. 293.01 (25)
, Stats., unless removal is continuing at a rate of more than 12,000 cubic yards per year.
"Mining" or "mining operation" means all or part of the process involved in the mining of metallic minerals other than for exploration or prospecting, including commercial extraction, agglomeration, beneficiation, construction of roads, removal of overburden and the production of refuse.
"Mining waste" means any refuse, sludge, or other discarded material, including solid, liquid, semi-solid or contained gaseous material, resulting from metallic mineral prospecting or mining, or from the cleaning or preparation of minerals during prospecting or mining operations. Typical mining wastes include, but are not limited to, tailings, waste rock, mine overburden, and waste treatment sludges. 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
, to be returned to the mine site or used in the reclamation process, and does not include merchantable by-products.
NR 182.04 Note
For a more specific list of metallic mining wastes see s. NR 661.04 (2) (c)
"Open dump" means a waste site which is not a sanitary landfill.
"Operator" means any person who is engaged in, or who has applied for or holds a permit to engage in prospecting or mining, whether individually, jointly or through subsidiaries, agents, employees or contractors.
"Ore" means a naturally occurring material from which metallic minerals can be recovered at a profit.
"Overburden" means any unconsolidated material that overlies bedrock.
"Owner" means any person who operates, is engaged in, or who has applied for or holds a permit to engage in mining or prospecting whether individually, jointly or through subsidiaries, agents, employees or contractors.
"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.
"Plan of operation" means a report submitted for a solid waste disposal site or facility that describes its location, design, construction, sanitation, operation, maintenance, closing and long-term care.
"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.
"Proof of financial responsibility" means a bond, deposit, proof of an established escrow account or trust account 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.
"Prospecting" means engaging in the examination of an area for the purpose of determining the quality and quantity of minerals, other than for exploration, but including the obtaining of an ore sample, by such physical means as excavating, trenching, construction of shafts, ramps, tunnels, pits and the production of refuse and other associated activities. "Prospecting" shall not include such activities when the activities are, by themselves, intended for and capable of commercial exploitation of the underlying ore body. However, the fact that prospecting activities and construction may have use ultimately in mining, if approved, shall not mean that prospecting activities and construction constitute mining within the meaning of sub. (29)
, provided such activities and construction are reasonably related to prospecting requirements.
"Reclamation plan" means the proposal for the reclamation of the prospecting or mining site, including the closure of a solid waste disposal site or facility, which must be approved by the department under s. 293.45
, Stats., and ch. NR 131
prior to the issuance of the prospecting or mining permit.