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.
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.
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:
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;
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
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
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.
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.
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.
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:
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
Cause harm to a nonriparian exercising a right to use public or private waters created by government authority, permit, or license, or
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.
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.
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:
The practicality of avoiding the harm by adjusting the use or method of use of one party or the other;
The practicality of adjusting the quantity of water used by each party;
The protection of existing values of water uses, land, investments and enterprises; and
NR 182.075 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
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.
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 s. 23.11 (5)
(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.
(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.
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.
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:
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.
Chemical and physical characteristics testing shall be performed unless it is documented based on the analyses in subds. 2.
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:
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.
Determination of the leaching potential of the wastes and determination of the composition of the resulting leachate.
An evaluation of the physical, radiologic and chemical properties of representative samples of wastes as may be required to develop storage or disposal plans.
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.
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.
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.
A summary of the waste characterization as it relates to the handling, storage and disposal of the same shall be provided.
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.
(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:
Hydrology, including surface water drainage patterns and important hydrologic features such as navigable waters, springs, drainage divides and wetlands.
Geology, including the nature and distribution of bedrock and unconsolidated deposits.
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.
Present land uses with particular emphasis on known recreational, historic, archaeological, scientific, cultural or scenic significance.
Identification of aquatic and terrestrial ecosystems such as stream orders and classifications.
(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.
Field investigations shall be performed to define the site specific topography, soil types, depth to bedrock and groundwater. An existing site conditions plan sheet shall be prepared which shall be a detailed topographic survey of the area of investigation. All elevations shall be tied to USGS mean sea level datum. The map, if practicable, shall have a scale no greater than 1:2,400 with a contour interval of 0.1 to 4 feet. The plan shall illustrate the property boundaries, proposed waste facility and site boundaries, survey grid and north arrow, buildings, water supply wells, utility lines, man-made features, soil boring locations, observation well locations and other pertinent information.
The number and depth of soil borings required depends on the relative homogeneity of the soils at the site, the size of the area, character of the wastes and the geotechnical design requirements for the waste site. The borings shall be located to sample adequately major geomorphic features such as ridges and lowlands. Each major soil layer encountered during the boring investigation shall be classified according to the unified soil classification system.
Boring logs shall be prepared for all borings. Each log shall include soil and rock descriptions, method of drilling, method of sampling, sample depths, date of boring, and water level measurements and dates. All elevations shall be referred to USGS mean sea level datum.
Soil samples shall be collected to adequately determine the geology and ensure proper design and monitoring of the site. Soil samples shall be collected at maximum 5-foot depth intervals, unless physical conditions such as soil homogeneity indicate that greater intervals would be adequate. Where appropriate, samples shall be collected using generally accepted undisturbed soil sampling techniques. All soil samples should be classified according to the unified soil classification system.
Soil tests including grain-size distribution and Atterburg limits shall be performed as required for classification and correlation purposes and to develop necessary geotechnical design parameters for the waste site. Samples shall not be composited for testing purposes.
Soil testing shall also include other physical, chemical, and biological testing as appropriate.
The hydraulic conductivity of the various soil strata shall be determined. In situ hydraulic conductivity testing procedures shall be used as appropriate to confirm laboratory values.
Water table observation wells and piezometers shall be constructed and monitored to provide data necessary to determine horizontal and vertical groundwater flow patterns in and around the proposed site. Soil samples shall be collected and analyzed as described in subd. 4. a.
from those observation wells, or the deepest well of a well nest, used to provide the data necessary to determine groundwater flow patterns in and around the proposed site or a sampled boring within 20 feet of such a well.
Well construction log information shall include the elevation of the ground surface, the top of the pipe, the bottom of each boring, the well seals, the screened interval, a description of well construction, and a boring log as required in subd. 3.
Upon completion, each well shall be developed by pumping until the water pump is cleared. Pumping may include air lift pumps.
Successive water level measurements in each well shall be made until stabilized readings are obtained.
A series of geologic cross-sections illustrating the following shall be prepared: existing topography, soil borings, soil classification, soil properties, interpreted soil stratigraphy, bedrock, well and boring locations and constructions and stabilized water level readings.
A water table map shall be constructed based on stabilized water level readings. The existing site conditions plan shall be used as a base for this map. Where significant, seasonal changes in groundwater levels shall be mapped.
When more than 2 well nests have been constructed, groundwater flow nets shall be prepared to illustrate horizontal and vertical flow. Where appropriate, this information may be illustrated on the geologic sections.
An environmental characterization shall be prepared which describes the structure and functional relationships of potentially impacted ecosystems. All relevant data shall be compiled and analyzed.
A baseline monitoring program shall be conducted and the data reported consistent with the requirements of ss. NR 132.05
. The baseline program shall address physical-chemical and biological monitoring. Physical-chemical parameters shall be selected based on transport and transformation mechanisms in the environment as well as other factors affecting the mobility and toxicity of pollutants. Biological parameters shall be selected based on the environmental characterizations, the degree of impact predicted, and the potentially affected organisms' sensitivity to contaminants.
A land use map showing plant communities, wildlife habitat, rare and endangered species sightings, archeological or historic sites, buildings, and areas of social importance shall be provided. The existing site conditions map shall be used as a base map.
Groundwater shall be monitored in the vicinity of the disposal site on a monthly basis for at least 12 consecutive months prior to disposing of waste at the site, in conjunction with the gathering of baseline data as specified in subd. 8. b.
A table shall be provided showing existing water quality of all potentially affected surface waters. The table shall include those surface waters identified under s. NR 182.07 (1)
. Important aquatic habitat, such as class II trout stream or state scenic river, shall be indicated.
Local climatological data shall be provided for seasonal precipitation, evaporation, air temperature and wind velocity and direction. This may be satisfied by either an annual record on the site or adequate data to correlate the site conditions to an existing observation station.
(e) Proposed facility design.
Based on the conclusions resulting from the analysis of site data and waste characterizations, a proposed facility design shall be prepared. This shall consist of preliminary type, size and location, engineering plans, a general discussion of proposed operating procedures, and a proposed monitoring program. This section of the report shall include for each waste site:
A map, using the existing site conditions map as a base, which shows proposed access, lateral extent of filling, and phases of facility development.
A series of cross-sections showing present topography, proposed base grades and final grades, using the geological sections as a base.