A series of site cross-sections shall be drawn perpendicular and parallel to the site baseline at a maximum distance of 500 feet between cross-sections and at points of important construction features. The location of the cross-sections shall be shown on the appropriate plan sheet and the section labeled using the site grid system. Where applicable, each cross-section shall show: existing and proposed base and final grades; soil borings and monitoring wells which the section passes through or is adjacent to; soil types, bedrock and water table; leachate control, collection and monitoring systems; quantity of waste materials and area filled by each major waste type; drainage control structures; access roads and ramps on the site perimeter and within the active fill area; the filling sequence or phases, and other appropriate site features.
Detailed drawings and typical sections for, as appropriate, drainage control structures, tailings distribution systems, access roads, fencing, leachate control systems and monitoring devices, buildings, signs and other construction details.
An operations manual consisting of the following information:
The operations manual shall identify the project title; engineering consultant; site owner, licensee and operator; proposed licensed acreage; site life and capacity; waste types and quantities to be disposed; and any exemptions applied for.
Specifications for site construction and operation shall be presented in the operations manual, including detailed instructions to the site operator for all aspects of site construction and operation. References to specifications on the plan sheet shall be pointed out as well as additional instruction included, where appropriate. The specifications shall include, at a minimum the following information:
Initial site preparations including specifications for clearing and grubbing, topsoil stripping, other excavations, berm construction, drainage control structures, leachate collection system, access roads and entrance, screening, fencing, groundwater monitoring and other special design features.
A certification plan for initial site preparations including a discussion of the field measurements, photographs to be taken, sampling and testing procedures to be utilized to verify that the in-field conditions encountered were the same as those defined in the feasibility report, and to document that the site was constructed according to the engineering plans and specifications submitted for department approval.
Typical daily operations including a discussion of the timetable for development, methods for determining waste types disposed of or excluded, typical waste handling techniques, hours of operation, traffic routing, drainage and erosion control, windy, wet and cold weather operations, fire protection equipment, manpower, methods for dust control, method of placing waste materials, monitoring, closure of filled areas, leachate control methods, critical backup equipment with names and telephone numbers where equipment may be obtained, and other special design features. This information may be developed as a removable section to improve accessibility for the site operator.
Development of subsequent phases consisting of a discussion of those items in subd. 2. a.
, and c.
as they relate to the development of subsequent phases of the site.
Site closing information consisting of a discussion of the anticipated sequence of events for site closing and a discussion of those actions necessary to prepare the site for long-term care and final use.
Long-term care information including a discussion of the procedures to be utilized for the inspection and maintenance of runoff control structures, settlement, erosion damage, leachate control facilities, leachate and groundwater monitoring, and other long-term care needs.
An economic analysis including an engineer's cost estimate for site closing and long-term care.
A design report shall be submitted which shall include supplemental discussions and design calculations to facilitate department review and provide supplemental information on financial responsibility and long-term are as required by ss. 289.30 (4)
, Stats., coordinated with s. 293.51
, Stats., including the following information:
1. `Design discussion'.
A discussion of the reasoning and logic behind the design of the major features of the site, such as traffic routing, base grade and relationships to subsurface conditions, anticipated waste types and characteristics, phases of development, liner design, facility monitoring, and similar design features shall be provided. A list of the conditions of site development as stated in the department determination of site feasibility and the measures taken to meet the conditions shall be included. A discussion of all calculations such as stockpile sizing estimates, estimate of site life and runoff and leachate volume estimates shall be included. The calculations shall be summarized with the detailed equations presented in the appendix.
2. `Financial responsibility analysis'.
A detailed analysis in accordance with ss. NR 182.16
shall be made of the financial responsibility for closure and long-term care from the time of site closing to termination.
A detailed contingency plan shall be submitted based on the contingency plan contained in the approved feasibility report.
The applicant shall develop a contingency plan to prevent or minimize human health or environmental damage in the event of an accidental or emergency discharge or other condition not anticipated in the feasibility report or plan of operation which does not comply with license conditions or other applicable standards. As a minimum, the contingency plan shall:
Follow the provisions of section 211, spill prevention, control and counter-measures plan (SPCC) of the clean water act (PL 92-500
, as amended).
For the various monitoring programs required by this chapter, indicate the levels which if exceeded require the operator to activate the contingency plan.
Include a provision for more concentrated and frequent monitoring in the area of any excessive measurement.
Describe possible accidental or emergency discharges or other unplanned events and identify the corresponding corrective action or alternative action to be implemented should the criteria for action be exceeded.
Identify the time necessary for successful completion of each of the identified actions.
A copy of the contingency plan shall be filed with the department and the county and township where the waste disposal facility is located. The plan shall be revised in cases of changed circumstances, changed regulations, or failure of the plan to be adequate in an emergency.
An appendix shall be submitted which shall include any additional data not previously presented, calculations, material specifications, a copy of the property deed or lease, operating agreements, leachate treatment agreements, documents related to long-term care funding and other appropriate information. The appendix shall also include the measured baseline values for all parameters monitored, the spatial and temporal variability of these baseline values, and the error associated with the baseline values and the natural variability. For all parameters with variability or sample frequency problems which will make comparison with subsequent analyses less secure than expected or desired, there should be implemented an improved program to satisfy the desired levels of precision. Sufficient data, documentation of statistical procedures and summary statistics shall be provided to allow independent evaluation of baseline values.
Within 30 days after a plan of operation is submitted, the department shall notify the applicant in writing that the plan is either complete or not complete, specifying the information which must be submitted before the report is deemed complete. The department shall determine if the plan of operation is complete by determining whether or not the minimum requirements of this subsection have been met. Additional plan of operation information may be required of the applicant after a determination that the plan of operation is complete only if the department establishes that a detailed review of the plan of operation indicates that the plan of operation is insufficient in the absence of such additional information.
Prior to licensing the owner or operator shall submit proof that a notation of the existence of the site has been recorded in the office of the register of deeds in each county in which a portion of the site is located.
NR 182.09 History
Cr. Register, August, 1982, No. 320
, eff. 9-1-82; am. (1) Register, October, 1988, No. 394
, eff. 11-1-88.
Construction and completion reports. NR 182.10(1)(1)
Construction of a waste site shall be substantially in accordance with the approved plan of operation.
Sites and facilities shall be thoroughly inspected by the owner prior to their use and all associated structures shall be in substantial compliance with the plan of operation. A registered professional engineer shall document site construction and render an opinion whether the site has been constructed in substantial conformance with the plan of operation. Photographs, either aerial or ground, may be used to document this inspection, but shall not in themselves constitute compliance. A complete file describing the items inspected and their condition shall be maintained by the owner.
Prior to licensing, the department will review and inspect all waste sites to ensure that they were constructed according to the approved plan of operation. A written report shall be made of such review and inspection and placed in the applicant's file.
NR 182.10 History
Cr. Register, August, 1982, No. 320
, eff. 9-1-82.
Minimum design and operation requirements. NR 182.11(1)(1)
In addition to all other requirements of this chapter, no person shall construct, establish, operate or maintain a waste site except in conformance with the conditions attached to the feasibility approval pursuant to the hearing under s. 293.43
, Stats., the approved plan of operation and the following minimum requirements:
In addition to the provisions of ss. NR 182.08 (2) (e)
, and 182.11
, no waste shall be deposited in such a manner that the waste or leachings therefrom will result in a violation of any ground or surface water quality criteria or standards as specified in chs. NR 102
or in this chapter.
Surface water drainage shall be diverted away from and off the active fill area.
Access to the facility, particularly the active disposal area, shall be restricted through the use of fencing, natural barriers or other methods approved by the department.
The entire perimeter of the active disposal site shall be made accessible for inspection and earth moving equipment required for emergency maintenance.
Any area to be utilized for the disposal of solid waste or borrow areas shall first be stripped of all topsoil to insure that adequate amounts are available for closure or other measures approved by the department to protect topsoils consistent with environmental considerations and reclamation shall be taken, unless the department determines that such action will be environmentally undesirable.
Effective means shall be taken to control dust resulting from the site or facility to the degree required by s. NR 415.04
All soil borings and monitoring wells shall be backfilled when abandoned using procedures approved by the department.
Provisions for back-up equipment in the event of critical operating equipment breakdown shall be made.
Design and operation specifications for mine waste facilities shall include contingencies for emergency conditions. Such contingencies may include emergency power supplies, equipment redundancies or temporary holding facilities.
Any disposal site designed with a liner or situated in sufficiently low permeability soils to either partially or totally contain leachate shall be designed with a leachate management system which can effectively remove leachate, prevent surface seeps and promote adequate settlement to permit final reclamation.
Only waste types and sources listed on the license or otherwise approved by the department in writing shall be disposed or stored.
All surface water drainage ditches, culverts and other drainage control structures shall be designed for a 100-year, 24-hour rainfall event.
The final slopes of a completed waste site shall be no less than 2% and no greater than 33% unless the site or facility is specifically designed for a final use compatible with other slopes.
All sites shall have a final cover designed to minimize infiltration and subsequent leachate production unless an alternate cover is approved in the reclamation plan or unless it is determined as a result of a hearing pursuant to s. 293.43
, Stats., that such cover is not necessary to comply with the environmental standards of this chapter.
Provisions shall be made for collection and treatment of leachate for all sites designed to contain leachate.
A waste site shall be located, designed, constructed, and operated so that any liner system or naturally occurring soil barrier is compatible with all disposed or stored mining waste.
Sufficient freeboard measured from the inside crest shall be provided so as to contain the 100-year, 24-hour rainfall event and to prevent overtopping by waves during this design storm, or a minimum of 5 feet of freeboard shall be provided.
Drainage or filter bed material shall be selected and designed to promote drainage, reduce the potential for piping, and be stable under leaching conditions.
Material used in earth embankments or drainage or filter bed material shall be free of vegetation, organic soils, frozen soils, and other extraneous matter which could affect the compactibility, density, permeability or shear strength of the finished embankment.
Embankment materials or drainage or filter bed materials shall be compacted to 95% of the maximum dry density as determined by the standard proctor compaction test (ASTM D-698), or to a greater density as required by the embankment height. The material shall be compacted in lifts of 6 to 8 inches in thickness. If waste rock is approved by the department for use outside an earth core, compaction and crushing of such waste rock may not be required.
NR 182.11 Note
Note: Copies of the reference cited above are available for inspection at the offices of the department of natural resources, the secretary of state's office and the legislative reference bureau and may be obtained from the American Society for Testing and Materials, 1916 Race Street, Philadelphia, Penn. 19103.
Emergency spill areas shall be provided near the tailings pipeline in case of power or pipeline failure. Tailings pipelines should be self draining to the tailings area or to an emergency spill area or both. In some cases such as a long pipeline over rough country, several spill areas may have to be provided.
The following requirements indicate certain parameters and concepts that should be considered by the applicant when planning, constructing and operating a mill and a mine waste site. Application of these parameters and concepts shall be dependent on the specific design, the nature of the waste, the composition of any leachate associated with the waste and the hydrogeologic conditions existing at the disposal site.
When practicable, on a site specific basis, a mine waste site should be located in the same watershed as the mining surface facilities.
Where practicable, on a site specific basis, a mine waste facility should be located so that tailings pipelines do not cross any major watercourse or pass through any wetland where such crossing would be inconsistent with the provisions of ch. NR 132
. In general, tailings pipelines should be as short as practicable.
The outside crest of the dam should be higher than the inside crest in order to force runoff on the crest to the inside of the dam.
Where practicable, waste disposal facility design should consider staged reclamation.
Those mining wastes which will not be used for reclamation purposes and which present a significant risk of environmental pollution should be marketed provided the products and by-products of such marketing will not result in a greater potential for environmental pollution, a market for a particular waste is reasonably available, and the costs for disposing of such waste exceeds the costs for its marketing. The department shall make specific findings of fact and conclusions of law on the marketability of such wastes.
Mining waste disposal should minimize the discharge of environmental pollutants to the groundwaters of the state.
High priority should be given to the selection of a design and operating procedure for the mine, mill and waste disposal sites which will provide for the reclamation of all disturbed sites and minimize the risk of environmental pollution. When practicable, facilities and practices should be selected which:
Minimize production of mining waste through the design and operation of the mining facility.
Provide for the segregation of hazardous from non-hazardous waste.
Provide for eventual underground backfill of waste, in the event of underground mining, with particular emphasis on segregated hazardous materials.
NR 182.11 History
Cr. Register, August, 1982, No. 320
, eff. 9-1-82; correction in (1) (f) made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1995, No. 477
Personnel or agents of the department may accompany employees of the owner on any routine inspection required by these rules, or conduct inspections of their own on the mine waste facilities licensed under this chapter at any other time which is reasonable under the circumstances involved. Personnel or agents of the department may also examine any routine inspection reports and shall be furnished copies thereof upon request.
A qualified representative of the owner of a mine waste facility licensed pursuant to this chapter shall, at least weekly except as hereinafter provided, visually inspect the following:
The active sites or facilities including dams for possible damage or structural weakening;
Waste handling and monitoring equipment and readings to ensure normal operation and measurements;
The buffer area around the facility for possible environmental damage related to its operation;
The observations made in each visual inspection shall be recorded in the facility's operating log as set forth in these rules.
Active dam sites shall be inspected monthly by a qualified representative of the owner. The findings on each inspection shall be recorded and filed with the department. Items to be noted on the inspections shall include, but not be limited to:
Condition of vegetation on the dam and within 50 feet from the outside base;
Condition of soil surfaces on top and slopes of the dam and within 50 feet from the outside base;
Condition of spillways, conduits and water level control structures.
Inactive dams shall be inspected quarterly by a qualified representative of the owner. The findings on each inspection shall be recorded and filed with the department. Such inspection shall include:
Condition of soil surfaces on the crest, slopes and within 50 feet from the outside base;
Determination of piezometric levels within the mass of the dam where such instrumentation has been determined to be necessary or required in the long-term care section of the plan of operation; and