SB1,171,1110 3. The operator provides notice to the department under par. (a) that any steps
11required by the department to be completed under par. (a) have been completed.
SB1,171,21 12295.63 Modifications; reporting. (1) (a) An operator at any time may
13request a change to a mining permit, the mining plan, the reclamation plan, or the
14mining waste site feasibility study and plan of operation for any mining site that the
15operator owns or leases, or request cancellation of the mining permit for any or all
16of the unmined part of a mining site. The operator shall submit an application for
17the change or cancellation in the form of a letter giving notice to the department of
18the proposed change or cancellation and shall identify in the letter the tract of land
19to be affected by a change in the mining plan, reclamation plan, or mining waste site
20feasibility study and plan of operation or to be removed from the permitted mining
21site.
SB1,172,222 (b) The department shall grant a request under par. (a) unless it determines
23that the requested change makes it impossible for the permit holder to substantially
24comply with the approved mining plan, reclamation plan, or mining waste site
25feasibility study and plan of operation. If the department determines that the

1requested change would make substantial compliance impossible, it shall follow the
2procedure in sub. (3).
SB1,172,113 (c) If the request under par. (a) is to cancel any or all of the unmined part of a
4mining site, the department shall ascertain, by inspection, if mining has occurred on
5the land. If the department finds that no mining has occurred, the department shall
6order release of the bond or other security posted for the land being removed from
7the permitted mining site and cancel or amend the operator's written authorization
8to conduct mining on the mining site. The department may not approve the removal
9of land where mining has occurred from a permitted mining site, or release that land
10from the bond or other security under this subsection, unless the operator has
11completed reclamation to the satisfaction of the department.
SB1,172,20 12(2) The operator shall furnish the department with a report for each mining
13site within 30 days after the end of every 12-month period after issuance of the
14mining permit, within 30 days after completion of all mining at the mining site, and
15within 30 days after completion of the mining plan and of the reclamation plan,
16describing any reclamation work accomplished, or experimental reclamation work
17performed, during the preceding year. The operator shall include in the reports an
18annual plan map, color-coded and with a legend, showing all of the following, as of
19December 31 of the previous year, or as near to December 31 of the previous year as
20mining operations permit:
SB1,172,2121 (a) Location and boundary of the mining area.
SB1,172,2222 (b) Any mine mill.
SB1,172,2323 (c) Any open pit.
SB1,172,2424 (d) Stockpiles of overburden.
SB1,172,2525 (e) Stockpiles of waste rock.
SB1,173,1
1(f) Ferrous ore stockpiles.
SB1,173,22 (g) Streams, lakes, and reservoirs.
SB1,173,33 (h) Tailings basins.
SB1,173,44 (i) Roads.
SB1,173,75 (j) Sequential numbers or letters or other method, as approved by the
6department, permanently assigned to portions of the mining site that have been
7abandoned before abandonment of the entire mining operation.
SB1,173,98 (k) Changes in the surface area disturbed by mining during the preceding year,
9indicated by vertical crosshatching or other method approved by the department.
SB1,173,1210 (L) Anticipated changes in the surface area disturbed by mining during the
11current year, indicated by horizontal crosshatching or other method approved by the
12department.
SB1,173,1313 (m) Elevations of stockpiles and tailings basins.
SB1,173,1614 (n) Drainage on and away from the surface area disturbed by mining, showing
15directional flow of water in drainage ways, natural watercourses, and streams,
16intermittent and flowing, including discharge from the mining.
SB1,173,1817 (o) The name of the geologist, engineer, or surveyor responsible for the
18preparation of the map.
SB1,173,1919 (p) The date the map was prepared.
SB1,173,25 20(2m) Annually, the department shall review the bond or other security under
21s. 295.59 (1) to ascertain its adequacy. If the department after review determines
22that the amount of the bond or other security should be changed, it shall notify the
23permit holder of the necessary changes. If the permit holder does not seek a
24contested case hearing under s. 295.77 (3) within 30 days, the changes are considered
25to be accepted.
SB1,174,18
1(3) If the department finds that a change requested under sub. (1) (a) would
2make substantial compliance with the approved mining plan, reclamation plan, or
3mining waste site feasibility study and plan of operation impossible or it finds, based
4on a review conducted no more frequently than every 5 years, that because of
5changing conditions, including changes in reclamation costs or reclamation
6technology, the reclamation plan for a mining site is no longer sufficient to
7reasonably provide for reclamation of the mining site consistent with this
8subchapter, it shall require the operator to submit an amended mining plan,
9reclamation plan, or mining waste site feasibility study and plan of operation and
10applications for amending any approval associated with the proposed amendments
11to the mining plan, reclamation plan, or mining waste site feasibility study and plan
12of operation. The public notice, public comment, and public hearing procedures in
13s. 295.57 apply to amended plans and applications under this subsection. The
14department shall approve or deny the amended mining plan, reclamation plan, or
15mining waste site feasibility study and plan of operation in accordance with s.
16295.58, within 30 days following the close of the public comment period. The
17applicant may continue to operate under the existing mining permit until the
18amended mining permit is issued or denied.
SB1,174,20 19295.635 Required mining waste site inspections, record keeping,
20reporting, and responses.
(1) Definitions. In this section:
SB1,174,2321 (a) "Active dam" means a dam and associated settling area into which tailings
22or wastewater are being introduced or that has not been reclaimed in a manner
23approved by the department.
SB1,175,3
1(b) "Inactive dam" means a dam and associated settling area that is no longer
2being used for disposal of tailings or wastewater and that has been reclaimed in a
3manner approved by the department.
SB1,175,5 4(2) General. The operator shall, at least monthly, visually inspect all of the
5following and record observations in a mining waste site operating log:
SB1,175,76 (a) The active portions of the mining waste site for possible damage or
7structural weakening.
SB1,175,98 (b) Mining waste handling and monitoring equipment and readings, to ensure
9normal operation and measurements.
SB1,175,1010 (c) Fences or barriers around the mining waste site, for possible damage.
SB1,175,1211 (d) The buffer area around the mining waste site, for possible environmental
12damage related to its operation.
SB1,175,15 13(3) Active dams. The operator shall, at least monthly, inspect active dams and
14record the findings in the mining waste site operating log. The operator shall record
15at least all of the following findings:
SB1,175,1616 (a) Condition of vegetation on the dam and within 50 feet from the outside base.
SB1,175,1717 (b) Piezometric levels within the mass of the dam.
SB1,175,1918 (c) Condition of soil surfaces on the top and slopes of the dam and within 50 feet
19from the outside base.
SB1,175,2020 (d) Condition of drainage ditches near the base of the dam.
SB1,175,2121 (e) Liquid surface level and amount of freeboard.
SB1,175,2222 (f) Condition of spillways, conduits, and water level control structures.
SB1,175,25 23(4) Inactive dams. The operator shall inspect inactive dams quarterly and
24record the findings in the mining waste site operating log. The operator shall record
25at least all of the following findings:
SB1,176,2
1(a) Condition of soil surfaces on the top and slopes of the dam and within 50 feet
2from the outside base.
SB1,176,53 (b) Piezometric levels within the mass of the dam if that instrumentation has
4been determined to be necessary or is required in the long-term care provisions of
5the mining waste site feasibility study and plan of operation.
SB1,176,66 (c) Condition of spillways, conduits, and water level control structures.
SB1,176,16 7(5) Defective conditions of dams posing risk of adverse impact. When a
8defective condition that poses a significant risk of adverse impact to the environment
9is found during an inspection of a dam, the operator shall ensure that it is recorded
10and corrected at the earliest practicable time. At the earliest practicable time, the
11operator shall make a written report to the department of the condition and the
12actions proposed and taken for its correction. Within 5 business days of receipt of a
13written report, the department may confirm the correction of the condition and
14specify any necessary additional corrective action. An operator shall consider any
15of the following items as indicating a condition that requires prompt investigation
16and that may require corrective action:
SB1,176,1817 (a) Seepage on the outer face of the dam accompanied by boils, sand cones, or
18deltas.
SB1,176,2019 (b) Silt accumulations, boils, deltas, or cones in the drainage ditches at the base
20of the dam.
SB1,176,2121 (c) Cracking of soil surface on the top or either face of the dam.
SB1,176,2222 (d) Bulging of the outside face of the dam.
SB1,176,2423 (e) Seepage, damp areas, or boils in the vicinity of, or erosion around, a conduit
24through the dam.
SB1,176,2525 (f) Any shrinkage of the top or faces of the dam.
SB1,177,4
1(6) Potential defects of dams. All of the following conditions indicate
2potential defects and the operator shall closely check them on subsequent
3inspections for an active dam and conduct an intermediate inspection if they exist
4for an inactive dam:
SB1,177,65 (a) Patches of overgrown vegetation on the outside face or close to the base of
6the dam.
SB1,177,77 (b) Surface erosion, gullying, or wave erosion on the inside of the dam.
SB1,177,98 (c) Surface erosion, gullying, or damp areas on the outside of the dam, including
9the berm and the area within 50 feet from the outside base.
SB1,177,1010 (d) Erosion below any conduit.
SB1,177,1111 (e) Wet areas or soggy soil on the outside of, or in natural soil below, the dam.
SB1,177,16 12(7) Record keeping related to dams. (a) The operator shall retain all records
13relating to dam monitoring, analytical, and verification activities and data,
14including all original strip chart recordings and instrumentation, calibration, and
15maintenance records, until termination of operator responsibility, except to the
16extent that copies of those records have previously been provided to the department.
SB1,177,1917 (b) The operator shall maintain in a permanent file all of the following
18construction records pertaining to any dam in case they are needed for future
19reference:
SB1,177,2020 1. Aerial photos of the construction site before construction.
SB1,177,2121 2. Construction drawings and modifications of the drawings.
SB1,177,2222 3. Construction specifications and modifications of the specifications.
SB1,177,2323 4. Results of all soil tests on foundations and fill materials.
SB1,177,2424 5. Logs of borings and engineering geology reports.
SB1,178,3
16. Copies of construction progress inspections pertinent to core trench, toe
2drain, internal drains, and other significant phases of the structure including, at the
3option of the operator, photographs of various structural items.
SB1,178,54 7. Aerial photos of the entire dam taken within 90 days after all construction
5is completed.
SB1,178,76 8. A description of and justification for all deviations or variances from the
7construction plans and specifications.
SB1,178,13 8(8) Responses to unplanned events. If a mining waste site has an accidental
9or emergency discharge, a fire, an explosion, or other unplanned or unpredicted
10event that is likely to damage human health or the environment, the operator shall
11follow the procedures set forth in the contingency plan under s. 295.51 (6) (f) and
12shall report the incident to the department and to county, town, and tribal
13governmental agencies immediately after the operator has discovered the event.
SB1,178,15 14(9) Annual report. The operator shall submit to the department an annual
15summary report concerning the mining waste site containing all of the following:
SB1,178,1616 (a) Statistical summaries of annual and cumulative data.
SB1,178,2017 (b) A comparison of the summaries under par. (a) to mining waste
18characterization, leachate characterizations, effluent predictions, and baseline
19water quality and background water quality data as contained in the approved
20mining waste site feasibility study and plan of operation.
SB1,178,2221 (c) The results of verification procedures and a presentation of the error
22associated with each parameter reported.
SB1,178,2523 (d) Information from monitoring wells that have not been affected, including
24a discussion of whether the baseline values should be modified due to natural
25variability and what the new values should be.
SB1,179,2
1(10) Applicability. This section does not apply to a surface mine that is
2backfilled with mining waste.
SB1,179,9 3295.64 Mining site monitoring; general. (1) General. The department,
4as a condition of a mining permit, shall require the operator to perform adequate
5monitoring of environmental changes during the course of the mining and for the
6additional period of time that is necessary to satisfactorily complete reclamation and
7completely release the operator from any bonds or other security required. The
8department may monitor environmental changes concurrently with the operator
9and for an additional period after the security is released.
SB1,179,14 10(2) Analyses. (a) The department shall review baseline water quality data
11with respect to groundwater and monitoring data associated with the mine, mining
12waste sites, and sites for the disposal of wastes that are not mining wastes at the time
13of each review of the mining permit or reclamation plan under s. 295.63 (3) and when
14the operator requests a modification of the mining permit or reclamation plan.
SB1,179,2115 (b) An operator shall have bacteriological analyses of water samples and all
16radiological analyses associated with the mining site performed by the state
17laboratory of hygiene or at a laboratory certified or approved by the department of
18health services. An operator shall have other laboratory tests the results of which
19are submitted to the department under this subchapter performed by a laboratory
20certified or registered under s. 299.11, except that this requirement does not apply
21to any of the following:
SB1,179,2222 1. Physical testing of soil.
SB1,179,2323 2. Air quality tests.
SB1,179,2424 3. Tests for hydrogen ion concentration (pH).
SB1,179,2525 4. Tests for chlorine residual.
SB1,180,1
15. Tests for temperature.
SB1,180,4 2295.643 Mining waste site monitoring. (1) General. The department may
3require the monitoring of groundwater, surface water, leachate, or other physical
4features associated with a mining waste site.
SB1,180,10 5(2) Physical features. The department may require the monitoring of air
6quality, berms, embankments, vegetation growth, and drainage control structures
7associated with the mining waste site. The department may require monitoring of
8other chemical or biological conditions, if the department determines that the
9monitoring is necessary to assess the impact of the mining waste site on critical
10aquatic and terrestrial ecosystems.
SB1,180,15 11(3) Monitoring wells and other devices. (a) The department shall require
12the installation of groundwater monitoring wells at a mining waste site. The
13department may require installation of leachate monitoring wells, lysimeters,
14moisture probes, and similar devices and associated water quality sampling and
15analysis programs to detect the effects of leachate on groundwater.
SB1,180,2116 (b) The department shall determine the required number of groundwater
17monitoring wells based on the size of the mining waste site, the design of the mining
18waste site, the types of mining waste, and the hydrologic and geologic setting of the
19mining waste site. The department shall ensure that the number of wells is adequate
20to yield samples representative of the groundwater quality both up gradient and
21down gradient of the mining waste site.
SB1,180,2422 (c) An operator shall construct all monitoring wells in accordance with ch. NR
23141, Wis. Adm. Code, and in such a manner as to prevent, to the extent practicable,
24the exchange of water between aquifers.
SB1,181,4
1(4) Destruction of monitoring devices. (a) If for any reason a monitoring well
2or other monitoring device associated with a mining waste site is destroyed or
3otherwise fails to function properly, the operator shall notify the department in
4writing within 5 days of discovering the destruction or malfunction.
SB1,181,85 (b) The operator shall either restore the monitoring well or other device or
6properly abandon it and replace it with a functioning device within 60 days of
7notifying the department under par. (a) unless the department notifies the operator
8otherwise in writing within 30 days of receiving notice from the operator.
SB1,181,13 9(5) Sampling other wells. The department may require an operator to sample
10public or private wells as part of a regular monitoring program or to determine the
11extent of groundwater contamination associated with a mining waste site. If the
12owner of a well does not authorize access for sampling, the operator shall promptly
13notify the department.
SB1,181,22 14(6) Required monitoring and analysis. (a) An operator shall monitor
15groundwater at locations identified in the waste site feasibility study and plan of
16operation on a quarterly basis, during March, June, September, and December,
17unless the department agrees to an alternate schedule. The department may base
18an alternate schedule on the hydrogeologic system's characteristics, such as flow
19velocity and stratigraphy, and on fluctuations in quality as determined through
20background water quality or baseline water quality sampling and mining waste
21type. The operator shall analyze for the parameters listed in the approved waste site
22feasibility study and plan of operation.
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