NR 182.07(1)(f)
(f) Within 1,200 feet of any public or private water supply well.
NR 182.07(1)(g)
(g) Within an area which contains known mineral resources at the time of initial application which are likely to be mined in the future and lie within 1,000 feet of the surface.
NR 182.07(1)(i)
(i) Within an area where the department after investigation finds that there is a reasonable probability that disposal of solid waste within such an area will result in a violation of surface water quality criteria and standards as specified in
chs. NR 102 to
104.
NR 182.07(1)(j)
(j) Within an area where the department finds there is a reasonable probability that disposal of mining waste within such an area will cause groundwater quality enforcement standards to be attained or exceeded beyond the design management zone specified in
s. NR 182.075.
NR 182.07(2)
(2) Any proposal to establish a site or facility shall comply with the standards and procedures in
s. NR 132.06 (4), relating to the minimization of disturbance to wetlands.
NR 182.07 History
History: Cr.
Register, August, 1982, No. 320, eff. 9-1-82; am. (1) (j),
Register, May, 1998, No. 509, eff. 6-1-98; correction in (1) (a) made under s.
13.92 (4) (b) 7., Stats.,
Register March 2011 No. 663.
NR 182.075(1)(a)(a) Applicability. Notwithstanding the applicability provisions of
s. NR 140.03, under the authority of s.
293.15 (11), 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, approved after June 1, 1998, shall comply with
ch. NR 140.
NR 182.075(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 outer waste boundary, 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. The outer waste boundary shall be the outermost limit at which waste from a facility has been stored or disposed of, or permitted or approved for storage or disposal.
NR 182.075(1)(b)2.
2. The horizontal distance to the boundary of the design management zone for a metallic mineral surface mine or surface prospecting excavation shall be 1,200 feet from the edge of the mine or prospecting excavation, 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 182.075(1)(b)3.
3. The horizontal distance to the boundary of the design management zone for an underground metallic mineral 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 182.075(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 pursuant to
s. NR 140.22 (3), or at the boundary of property owned or leased by the applicant, whichever distance is less.
NR 182.075(1)(c)
(c) Mandatory intervention boundary. The horizontal distance to the mandatory intervention boundary for a metallic mining waste facility or a surface or underground metallic mineral mine or prospecting excavation shall be 150 feet from the outer waste boundary, the outer edge of the mine or prospecting excavation, or the outer edge of the underground workings as projected 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 outer waste boundary, mine, prospecting excavation or underground prospecting or mine workings to the boundary of the design management zone. The mandatory intervention boundary shall apply as specified in
s. NR 182.075 (1s) and
(1u).
NR 182.075(1p)
(1p) 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 which 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 at a hearing held pursuant to s.
293.43, Stats.
NR 182.075(1s)(a)(a) At the hearing conducted under s.
293.43, Stats. the department shall determine the adequacy of the contingency plan submitted by the applicant which specifies the action which will be taken if an analysis of groundwater samples requires a response under
ss. NR 140.24 to
140.27 and
182.13 (2) (g). The contingency plan shall provide that the response protocol include a comparison of the observed sampling results to the results of the original predictive modeling, completed as part of the mine permitting process, and updated predictive modeling performed subsequent to the start of operation. If the comparison indicates that the observed sampling results are consistent with the design and expected performance of the facility, and the sampling results indicate that an enforcement standard or a preventive action limit has not been exceeded beyond the mandatory intervention boundary, the operator may recommend a no response action in accordance with
s. NR 140.24.
NR 182.075(1s)(b)1.1. If a preventive action limit or an enforcement standard has been exceeded beyond the mandatory intervention boundary, the department shall require a response in accordance with
s. NR 140.24, but may not approve a no action response under
s. NR 140.24 (5).
NR 182.075(1s)(b)2.
2. If a response under
s. NR 140.24 (5) has previously been taken, and if subsequent monitoring results are consistent with updated predictive modeling projections and indicate that the groundwater standards will not be attained or exceeded at the design management zone, the department may determine that no additional response is necessary.
NR 182.075(1u)
(1u) The following requirements are to be applied in conjunction with those of
ss. NR 132.11 and
182.13. The department shall specify the parameters for groundwater analysis and may include those considered indicator parameters, those important parameters identified from the waste characterization studies, and others which might be appropriate under the specific conditions.
NR 182.075(1u)(a)
(a) The operator of a prospecting or mining site shall monitor groundwater quality at locations approved by the department along the mandatory intervention boundary and the boundary of the design management zone.
NR 182.075(1u)(b)
(b) The operator of a prospecting or mining site shall monitor groundwater quality at locations approved by the department within the mandatory intervention boundary and the design management zone.
NR 182.075(1u)(c)
(c) Intervention by the operator in accordance with the provisions of the contingency plan, developed in accordance with
s. NR 182.09 (2) (d) and approved in accordance with
ss. NR 182.08 (2) and
182.09 (1), shall be required, regardless of the holding of any hearing pursuant to
sub. (1x), when analyses of samples from monitoring points within the design management zone or within the mandatory intervention boundary show a reasonable probability that, without intervention, there may be a violation of the established groundwater quality standards at the boundary of the design management zone. Criteria against which "reasonable probability" shall be measured are the results of the predictive modeling submitted by the applicant as part of the feasibility report and other information available to the department.
NR 182.075(1u)(d)
(d) Additional monitoring locations and tests may be specified by the department so that the actual effects of the mining site on groundwater quality may be compared with the effects projected in the feasibility report, mining permit application and waste water engineering report.
NR 182.075(1u)(e)
(e) Groundwater shall be monitored at locations approved by the department in the vicinity of the prospecting or mining site on a monthly basis for at least 12 consecutive months during the initial site preparation and construction phase at the prospecting or mining site to determine baseline water quality. Parameters analyzed shall include those substances identified in
ch. NR 140 and specified by the department for monitoring, indicator parameters as specified by the department, parameters identified as important in the waste material, and any other parameters deemed appropriate by the department for the specific conditions of the site.
NR 182.075(1u)(f)
(f) Monitoring shall also be performed with respect to the quality of groundwater which is not affected by the site but which is in the aquifers near the site.
NR 182.075(1x)(a)(a) If the department has reason to believe that a site is not in compliance with the requirements of this section, or if the department projects with reasonable probability that a site will not achieve such compliance at the boundary of the design management zone, it shall refer the matter to the department of justice pursuant to s.
293.95, Stats., or hold a class 2 contested case hearing pursuant to s.
293.15 (1), Stats., after giving 30 days notice to the persons identified in s.
293.43, Stats. Notice to the operators shall include the specific information on which the department has based its determination. The purpose of the hearing shall be to determine the existence and extent of noncompliance or, if noncompliance does not exist, whether a site will not achieve compliance at the boundary of the design management zone. Pursuant to the hearing, the department:
NR 182.075(1x)(a)1.
1. Shall determine whether the same constitutes an immediate and substantial threat to public health and safety or the environment pursuant to s.
293.83, Stats., and, therefore, requires the issuance of a stop order;
NR 182.075(1x)(a)2.
2. Shall determine whether to cancel the mining or prospecting permit if the site is in violation of
ch. 293, Stats., according to the provisions of s.
293.85, Stats.;
NR 182.075(1x)(a)3.
3. Shall determine if the noncompliance constitutes a grievous and continuous failure to comply with the approved plan of operation pursuant to s.
289.30 (7) or
289.31 (1), Stats., and, therefore, requires license revocation; and
NR 182.075(1x)(b)
(b) A decision shall be issued with respect to a hearing held pursuant to
par. (a) within 30 days of its conclusion, and shall be in writing accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise and separate statement of the ultimate conclusions upon each material issue of fact with recital of evidence.
NR 182.075(2)(a)(a) If the department finds that the proposed waste site will adversely affect or reduce the availability of water to any public utility, as defined in s.
196.01 (5), Stats., in furnishing water to or for the public, it shall either deny the license or grant a license under which it imposes such conditions as to location, depth, construction and ultimate use so that the water supply of any public utility engaged in furnishing water to or for the public will not be impaired.
NR 182.075(2)(b)
(b) If the department finds that the waste site would cause unreasonable harm to any person through lowering the water table or reducing artesian pressure, it shall deny the license or grant a license under which it imposes conditions whereby such unreasonable harm will be precluded.
NR 182.075(2)(c)
(c) If the department finds that the waste site will have a direct and substantial effect upon a watercourse or lake, and that such water used by or coming from the site will:
NR 182.075(2)(c)1.
1. Be put to an unreasonable use and will cause harm to an existing use of a watercourse or lake by a riparian proprietor or a nonriparian who holds a grant from a riparian proprietor of the grantor's right to use the water, or
NR 182.075(2)(c)2.
2. Cause harm to a nonriparian exercising a right to use public or private waters created by government authority, permit, or license, or
NR 182.075(2)(c)3.
3. Interfere with the exercise of a public right to use the waters; then the department shall deny the license or grant a license imposing conditions whereby such harm will be precluded.
NR 182.075(2)(d)
(d) The department shall not deny the waste site license merely because operation of the site will interfere with or prevent the initiation of a new use of groundwater, or a new use of the water or a watercourse or lake by a riparian proprietor.
NR 182.075(2)(e)
(e) For the purpose of
par. (c), the determination of the reasonableness of the use of water depends on a consideration of the interests of the user, of any person harmed thereby, and of society. Factors which affect the determination include the following:
NR 182.075(2)(e)6.
6. The practicality of avoiding the harm by adjusting the use or method of use of one party or the other;
NR 182.075(2)(e)7.
7. The practicality of adjusting the quantity of water used by each party;
NR 182.075(2)(e)8.
8. The protection of existing values of water uses, land, investments and enterprises; and
NR 182.075 History
History: Cr.
Register, August, 1982, No. 320, eff. 9-1-82; corrections made under s. 13.93 (2m) (b) 1. and 7., Stats.,
Register, September, 1995, No. 477; r. (intro.), (1g), (1m) and (1r), r. and recr. (1), and (1s) (b), renum. and am. (1p) (c) 4., to be (1p) and am. (1s) (a), (1u) (a), (b), (c), (d), (e), and (1x) (a),
Register, May, 1998, No. 509, eff. 6-1-98; corrections in (1x) (b), (2) (a) made under s. 13.92 (4) (b) 7., Stats.,
Register March 2011 No. 663.
NR 182.08(1)(1) Any applicant is encouraged to contact the department during the early stages of project planning and development to determine what permits and approvals may be required and to assure that submissions are consistent with department requirements.
NR 182.08(2)
(2) No person may establish or construct a waste site or expand an existing waste site not in operation as of May 21, 1978, without first obtaining approval of a feasibility report and a plan of operation from the department. The purpose of the feasibility report is to determine whether the site may be approved for the purpose intended and to identify any conditions which must be included in the plan of operation and in the license issued pursuant to this chapter. The feasibility report shall be submitted in accordance with
s. NR 182.06 (1) and be consistent with
ch. NR 132. If the proposed waste site is a surface mine backfilled with mining waste, the feasibility report submittal provisions of this section may be satisfied by including the information required by this section in the mining permit application submitted pursuant to
ch. NR 132 and issuance of the mining permit shall constitute approval of the feasibility report requirements and favorable determination of site feasibility. The amount of regional and site specific information and data required for each waste site may vary and shall be based on the waste characterization, but shall, at a minimum, contain the following, unless such information is contained in submittal of documents required under
ch. NR 132 or
150 or s.
23.11 (5), Stats.:
NR 182.08(2)(a)
(a) General facility information. The following information shall be included: project title; name, address and phone number of the person who has been designated as the primary contact for departmental correspondence; owner of the proposed facility; site location; proposed licensed acreage; proposed facility life and range of disposal capacity; and estimated waste types and quantities to be contained.
NR 182.08(2)(b)
(b) Waste characterization and analysis. Applicants shall conduct a characterization and analysis of all mining wastes which may be disposed of or stored in the waste site.
NR 182.08(2)(be)
(be) Evaluation. Waste characterization and analysis shall identify the characteristics of the wastes which must be known to enable the applicant to comply with the requirements of these regulations. It shall be an evaluation of the quantities, variability, and physical, radiologic and chemical properties of a waste necessary for predicting potential environmental impact of waste handling, storage and disposal, and for determining the appropriate regulatory controls and specific disposal or storage design. Evaluation may include a review of the literature and results from similar existing facilities, materials, or studies.
NR 182.08(2)(bi)
(bi) Testing. Testing shall be performed on the representative samples of material available, on individual wastes from the mining and milling process, and on composite wastes where mixed storage or disposal of individual wastes is proposed. Where either physical or chemical segregation of a waste is proposed, each individual waste shall be tested. If the information relevant to the waste characterization is not known, and the overall costs of obtaining it are unreasonable or beyond the state-of-the-art, then the characterization shall include worst case analyses and associated probabilities. The major components of waste characterization and analysis shall include:
NR 182.08(2)(bi)1.
1. Identification of all wastes which will be disposed of or stored in the waste site. Identification shall include classification of waste types, estimation of the generation rates and volumes of each type, and an explanation of the ultimate disposition of each type.
NR 182.08(2)(bi)4.
4. Chemical and physical characteristics testing shall be performed unless it is documented based on the analyses in
subds. 2. and
3. or past experience that there is no potential for significant environmental damage or the potential of a threat to public health, safety and welfare. This testing program shall include:
NR 182.08(2)(bi)4.a.
a. Determination of the acid producing characteristics of the wastes considering the acid producing content of the materials, the size, form of the acid producing material, and spatial distribution of its particles, the neutralizing effect of host materials; and the quality of leachate produced by similar wastes.
NR 182.08(2)(bi)4.b.
b. Determination of the leaching potential of the wastes and determination of the composition of the resulting leachate.
NR 182.08(2)(bi)4.c.
c. An evaluation of the physical, radiologic and chemical properties of representative samples of wastes as may be required to develop storage or disposal plans.
NR 182.08(2)(bi)5.
5. The applicant shall describe in detail the testing and chain of custody methods employed in evaluating the waste characteristics, and shall provide to the department justification for the use of such methods. If the department cannot reasonably verify the methods utilized by the applicant or the results therefrom other than by independent testing, the department may require that the applicant provide representative samples to the department for such independent testing. Use of these samples shall recognize the effect of time upon the representativeness of sample analysis results.
NR 182.08(2)(bi)6.
6. Where prospecting samples are available, the applicant shall conduct, if required by the department, a field testing program to both supplement and verify literature survey and laboratory testing programs.
NR 182.08(2)(bi)7.
7. The applicant is encouraged to develop methods of waste handling that will result in the reuse or recovery of such materials. Accordingly, the feasibility report shall include a discussion of alternative methods of disposal of waste materials, including an analysis of the practicability of the reuse, sale, recovery, or processing of such wastes for other purposes.
NR 182.08(2)(bo)
(bo) Summary. A summary of the waste characterization as it relates to the handling, storage and disposal of the same shall be provided.
NR 182.08(2)(bs)
(bs) Results. Results of the waste characterization and analysis combined with information from the evaluation of regional and site specific information, shall be used as part of the feasibility report and plan of operation phases of the project to: determine specific approaches for locating the waste site; determine and obtain appropriate site specific information, and develop appropriate design, construction, operation, monitoring and long-term care requirements for each category of waste.
NR 182.08(2)(c)
(c) Regional information. A discussion of the regional site setting shall be included to provide a basis for comparison and interpretation of site specific information obtained through field investigations. The discussion should generally be limited to information available from state agency files and publications although some field verification and updating may be necessary. The term regional as used herein is intended to include that area which may affect or be affected by the proposed site. In most instances this will be the proposed site, and the area within a radius up to 5 miles from the site. The discussions should be supplemented by maps or cross-sections, where appropriate. The following items shall be addressed:
NR 182.08(2)(c)2.
2. Hydrology, including surface water drainage patterns and important hydrologic features such as navigable waters, springs, drainage divides and wetlands.
NR 182.08(2)(c)3.
3. Geology, including the nature and distribution of bedrock and unconsolidated deposits.
NR 182.08(2)(c)4.
4. Hydrogeology, including depth to groundwater, flow directions, recharge and discharge areas, groundwater divides, aquifers and the identification of the aquifers used by all public and private wells within at least 1,200 feet of each proposed site.
NR 182.08(2)(c)9.
9. Present land uses with particular emphasis on known recreational, historic, archaeological, scientific, cultural or scenic significance.
NR 182.08(2)(c)12.
12. Identification of aquatic and terrestrial ecosystems such as stream orders and classifications.
NR 182.08(2)(d)
(d) Site specific information. Site specific information shall be included and field and laboratory investigations shall be performed to further define site physical, chemical and biological characteristics as provided below.
