The concentrations of the principal contaminant constituents, or indicators thereof, found in the largest quantity in the waste disposed of or stored in the site or facility. Toxicity of contaminants should be considered when parameters are selected.
The concentrations of other contaminants which would reasonably be expected to occur in leachate from the waste disposed of or stored in the site or facility.
The methods of groundwater sample collection, preservation, and analysis shall be in accordance with the most recent edition of standard methods for the examination of water and wastewater published by the American public health association, or other methods approved in writing by the department.
NR 182.13 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 Public Health Association, Inc., 1790 Broadway, New York, N.Y. 10019.
If the analyses of samples collected pursuant to pars. (d)
indicate that the quality of the groundwater is statistically significantly different from either baseline or background, the owner shall:
Determine, if possible, the cause of the difference in quality such as the result of a spill, a design failure or an improper operation procedure.
Determine the extent of groundwater contamination or the potential for groundwater contamination.
Implement the applicable portion of the contingency plan and notify the department promptly of any additional remedial steps being taken.
If for any reason a monitoring well or other monitoring device is destroyed or otherwise fails to properly function, the site operator shall immediately notify the department in writing. All such devices either shall be restored or properly abandoned and replaced with a functioning device within 60 days of notification of the department unless the owner is notified otherwise in writing by the department.
The department may require the operator to sample public or private wells as part of a regular monitoring program or to determine the extent of groundwater contamination.
No person shall begin construction of a solid waste disposal site or facility until baseline groundwater quality in accordance with the parameters in par. (e) 2.
have been determined and results of such analyses submitted to the department.
(3) Surface water.
The department may require the monitoring of surface water runoff, leachate seeps, sump pumpings, sedimentation ponds and other surface water discharges resulting from site operation and of surface waters which may be affected by such discharges.
(4) Monitoring physical features.
The department may require the monitoring of air quality, landfill settlement, berm or embankment stability, vegetation growth, drainage control structures, and may require monitoring of other chemical or biological conditions, if determined to be necessary to assess the impact of the disposal site on critical aquatic and terrestrial ecosystems.
(5) Operations report.
The department may require the owner or operator of any land disposal site or facility, or any person who permits the use of property for such purpose, to submit an operations report to assess the effectiveness and environmental acceptability of site operations. The contents of the report may include a discussion of confinement of the active area, analysis of leachate, and other monitoring, surface water control and erosion control, revegetation, settlement, volume utilized, leachate quantity and quality, slope stability, equipment performance, volume and type of disposed waste, and other relevant mine parameters.
NR 182.13 History
Cr. Register, August, 1982, No. 320
, eff. 9-1-82.
Requirements for certified or registered laboratory.
Microbiological and radiological samples shall be analyzed by the state laboratory of hygiene or at a laboratory approved or certified by the department of agriculture, trade and consumer protection. Other laboratory test results submitted to the department under this chapter shall be performed by a laboratory certified or registered under ch. NR 149
. The following tests are excluded from this requirement:
NR 182.135 Note
Note: The requirement in this section to submit data from a certified or registered laboratory is effective on August 28, 1986.
NR 182.135 History
Cr. Register, April, 1986, No. 364
, eff. 8-28-86.
Recordkeeping and reporting. NR 182.14(1)(a)
An owner of a mine waste disposal site or facility shall keep an operating log. This log shall, at all reasonable times, be open for inspection by any duly designated department employee.
The following information shall be recorded promptly, as it becomes available, and maintained in the operating log until closure of the facility unless otherwise provided.
A record of each waste disposed of or stored on a weekly basis at the waste site or facility including the following:
The quantity in units of volume or weight of pounds, tons, gallons, or cubic yards of each disposed of or stored waste, the method of treatment, disposal or storage used for each; and the dates of treatment, disposal or storage.
Locations, with respect to permanently surveyed benchmarks, where each is disposed of or stored.
Summary reports and records of all incidents requiring initiation of a contingency plan as specified in this chapter or resulting in human health or environmental damage.
Records or results of visual inspections required under this chapter.
An owner of a mine waste facility shall be required to retain all records of monitoring, analytical, and verification activities and data, including all original strip chart recordings and instrumentation, calibration and maintenance records until termination of owner responsibility, except to the extent that copies of such records have previously been provided to the department.
A dam owner shall maintain in a permanent file the following construction records pertaining to said dam for future reference should they be needed.
Copies of construction progress inspections pertinent to core trench, toe drain, internal drains, and other significant phases of the structure including, at the option of the applicant, photographs of various structural items.
Aerial stereo photos of the entire dam taken within 90 days after all construction is completed.
A description of and justification for all deviations or variances from the construction plans and specifications.
An owner of a mine waste disposal site or facility shall comply with the requirements under these rules in reporting incidents such as fires, explosions, discharges or releases of materials into the environment. In the event that a facility has an accidental or emergency discharge, a fire, an explosion or other unplanned or unpredicted event which has the potential for damaging human health or the environment or exceeds any limit which operator shall follow the procedures set forth in the contingency plan and shall report such incidents to the department, county, township, and tribal government officials identified in the plan immediately after the operator has discovered the event.
The operator shall report to the department by telephone any condition listed under s. NR 182.12 (6)
and par. (a)
at the earliest practicable time. A written report of said condition shall be submitted within 5 days. The department shall notify the owner, in writing, of the title, address, and telephone number of the person to whom any report under this section shall be given, which notification shall specifically refer to this section and shall specify to whom reports are made both inside and outside of normal business hours.
Duplicate copies of all records required in sub. (1) (b)
shall be turned over to the department upon closure of the facility, except to the extent that copies of such records have previously been provided to the department.
An owner of a mine waste disposal site or facility shall forward to the department at the end of each reporting quarter 3 copies of the monitoring data developed pursuant to the requirements of this chapter during the reporting quarter.
The owner shall submit an annual summary report containing statistical summaries of annual and cumulative project data. The data summaries shall be compared to waste characterization, leachate characterizations, effluent predictions, and baseline and background water quality data as contained in the feasibility report or plan of operation. The report shall also include the results of verification procedures and present the error associated with each parameter presented. Information from unimpacted control stations should include a discussion on whether the baseline values should be modified due to natural variability and what the new values would be. At a frequency determined by the department, the report shall periodically include updated results of predictive groundwater modeling by incorporating currently available data into the original predictive model, submitted as part of the feasibility report.
An owner of a mine waste disposal site or facility shall notify the department prior to cessation of disposal operations or prior to final facility closure as specified in this chapter.
Nothing herein shall be construed to require preparation, reconstruction, retention, or submittal of records or reports relating to mining operations or waste disposal therefrom carried on prior to the effective date of this chapter.
NR 182.14 History
Cr. Register, August, 1982, No. 320
, eff. 9-1-82; am. (2) (e), Register, May, 1998, No. 509
, eff. 6-1-98.
The closure requirements of this chapter shall be incorporated in and made a part of the mining reclamation plan submitted pursuant to ch. NR 132
but shall be referenced in the plan of operation.
Any person who maintains or operates a solid waste disposal site or facility shall, when the facility or a portion thereof reaches final grade, or when the department determines that closure is required, close it in accordance with the reclamation plan as referenced in the plan of operation.
The owner or operator shall reestablish and develop the finished surface in any closed portion in accordance with the approved facility final use.
At completion of closure, all closed facilities, or closed portions thereof, shall be reasonably secured so that injurious contact with waste by humans or animal life will be minimized, and so that discharges harmful to health will not occur.
At the completion of the closure, all required equipment shall be provided and arrangements shall be made to continue postclosure monitoring as required in this chapter.
At the completion of closure, the owner or operator shall submit to the department certification that the same has been accomplished in accordance with this chapter.
The owner or operator of a facility shall file with the department a survey plan, certified by a registered professional land surveyor, indicating the type and location of mining wastes disposed of in the closed facility or closed portions thereof.
NR 182.15 History
Cr. Register, August, 1982, No. 320
, eff. 9-1-82.
Financial responsibility for closure. NR 182.16(1)(1)
The intent of this section is to coordinate the financial responsibility requirements of ch. NR 132
and this chapter as they affect closure of a mining site. Financial responsibility for closure shall be incorporated in the bond provided for reclamation and release of the same shall be processed according to reclamation procedures. A demonstration of financial responsibility by whatever means shall not be required twice for the same obligation regardless of whether the same is set forth in more than one chapter of the administrative code. No plan of operation for a waste containment facility may be approved unless the applicant submits, as hereinafter provided, a bond, deposit, proof of an established escrow account or trust account ensuring that the applicant and any successor in interest will comply with the closure requirements referenced in the plan and incorporated in and made part of the reclamation plan.
The closure requirements of this chapter shall be incorporated in and made part of the reclamation plan submitted pursuant to s. 293.37 (2) (b)
, Stats., and s. NR 132.08
but shall be referenced in the plan of operation submitted pursuant to s. NR 182.09
. The financial responsibility requirements of sub. (1)
shall be fulfilled by increasing or otherwise adjusting the amount of the reclamation bond which the department requires to be submitted pursuant to s. 293.51
, Stats., and s. NR 132.09 (2) (a)
so as to reflect the projected costs of closure. Release of the amount bonded to ensure closure according to the reclamation plan shall be processed pursuant to the provisions of s. 293.63
, Stats., and s. NR 132.12
relating to the release of reclamation bonds.
NR 182.16 History
Cr. Register, August, 1982, No. 320
, eff. 9-1-82; reprinted to restore dropped copy, Register, July, 1984, No. 343
Financial responsibility for long-term care. NR 182.17(1)(a)(a)
"Actual dollar inpayments" means equal annual payments made by the facility owner into a long-term care account.
"Approved mining waste facility" means an approved waste facility which is part of a mining site, as defined under s. 293.01 (12)
, Stats., used for the disposal of waste resulting from mining as defined under s. 293.01 (9)
, Stats., or prospecting, as defined under s. 293.01 (18)
"Certificate of deposit" means a certificate issued by a bank or financial institution acknowledging receipt of a specified sum of money in a special kind of time deposit, drawing interest and requiring written notice for withdrawal.
"Closure period" means the 90-day period after the facility ceases to accept waste, unless otherwise specified in the approved plan of operation.
"Equal annual outpayments" means estimated payments for long-term care which are the same amount in each year of the period of owner responsibility for the long-term care of the facility.
"Interest bearing accounts" means escrow accounts, trust accounts or cash deposits with the department.
"Non-interest bearing accounts" means letters of credit, performance bonds or forfeiture bonds.
"Real dollar inpayments" means payments made by the facility owner, which increase each year at the rate of inflation, into a long-term care account.
"Unequal annual outpayments" means estimated payments for long-term care which are higher in the early years of the period of owner responsibility for long-term care than they are later in the long-term care period after the facility has stabilized.
"U.S. government securities" includes treasury bills, treasury bonds, treasury certificates, treasury notes, and treasury stocks guaranteed by the federal government.