AB426-ASA1,140,2323
(d) Condition of drainage ditches near the base of the dam.
AB426-ASA1,140,2424
(e) Liquid surface level and amount of freeboard.
AB426-ASA1,140,2525
(f) Condition of spillways, conduits, and water level control structures.
AB426-ASA1,141,3
1(4) Inactive dams. The operator shall inspect inactive dams quarterly and
2record the findings in the mining waste site operating log. The operator shall record
3at least all of the following findings:
AB426-ASA1,141,54
(a) Condition of soil surfaces on the top and slopes of the dam and within 50 feet
5from the outside base.
AB426-ASA1,141,86
(b) Piezometric levels within the mass of the dam if that instrumentation has
7been determined to be necessary or is required in the long-term care provisions of
8the mining waste site feasibility study and plan of operation.
AB426-ASA1,141,99
(c) Condition of spillways, conduits, and water level control structures.
AB426-ASA1,141,19
10(5) Defective conditions of dams posing risk of adverse impact. When a
11defective condition that poses a significant risk of adverse impact to the environment
12is found during an inspection of a dam, the operator shall ensure that it is recorded
13and corrected at the earliest practicable time. At the earliest practicable time, the
14operator shall make a written report to the department of the condition and the
15actions proposed and taken for its correction. Within 5 business days of receipt of a
16written report, the department may confirm the correction of the condition and
17specify any necessary additional corrective action. An operator shall consider any
18of the following items as indicating a condition that requires prompt investigation
19and that may require corrective action:
AB426-ASA1,141,2120
(a) Seepage on the outer face of the dam accompanied by boils, sand cones, or
21deltas.
AB426-ASA1,141,2322
(b) Silt accumulations, boils, deltas, or cones in the drainage ditches at the base
23of the dam.
AB426-ASA1,141,2424
(c) Cracking of soil surface on the top or either face of the dam.
AB426-ASA1,141,2525
(d) Bulging of the outside face of the dam.
AB426-ASA1,142,2
1(e) Seepage, damp areas, or boils in the vicinity of, or erosion around, a conduit
2through the dam.
AB426-ASA1,142,33
(f) Any shrinkage of the top or faces of the dam.
AB426-ASA1,142,7
4(6) Potential defects of dams. All of the following conditions indicate
5potential defects and the operator shall closely check them on subsequent
6inspections for an active dam and conduct an intermediate inspection if they exist
7for an inactive dam:
AB426-ASA1,142,98
(a) Patches of overgrown vegetation on the outside face or close to the base of
9the dam.
AB426-ASA1,142,1010
(b) Surface erosion, gullying, or wave erosion on the inside of the dam.
AB426-ASA1,142,1211
(c) Surface erosion, gullying, or damp areas on the outside of the dam, including
12the berm and the area within 50 feet from the outside base.
AB426-ASA1,142,1313
(d) Erosion below any conduit.
AB426-ASA1,142,1414
(e) Wet areas or soggy soil on the outside of, or in natural soil below, the dam.
AB426-ASA1,142,19
15(7) Record keeping related to dams. (a) The operator shall retain all records
16relating to dam monitoring, analytical, and verification activities and data,
17including all original strip chart recordings and instrumentation, calibration, and
18maintenance records, until termination of operator responsibility, except to the
19extent that copies of those records have previously been provided to the department.
AB426-ASA1,142,2220
(b) The operator shall maintain in a permanent file all of the following
21construction records pertaining to any dam in case they are needed for future
22reference:
AB426-ASA1,142,2323
1. Aerial photos of the construction site before construction.
AB426-ASA1,142,2424
2. Construction drawings and modifications of the drawings.
AB426-ASA1,142,2525
3. Construction specifications and modifications of the specifications.
AB426-ASA1,143,1
14. Results of all soil tests on foundations and fill materials.
AB426-ASA1,143,22
5. Logs of borings and engineering geology reports.
AB426-ASA1,143,53
6. Copies of construction progress inspections pertinent to core trench, toe
4drain, internal drains, and other significant phases of the structure including, at the
5option of the operator, photographs of various structural items.
AB426-ASA1,143,76
7. Aerial photos of the entire dam taken within 90 days after all construction
7is completed.
AB426-ASA1,143,98
8. A description of and justification for all deviations or variances from the
9construction plans and specifications.
AB426-ASA1,143,15
10(8) Responses to unplanned events. If a mining waste site has an accidental
11or emergency discharge, a fire, an explosion, or other unplanned or unpredicted
12event that is likely to damage human health or the environment, the operator shall
13follow the procedures set forth in the contingency plan under s. 295.51 (6) (f) and
14shall report the incident to the department and to county, town, and tribal
15governmental agencies immediately after the operator has discovered the event.
AB426-ASA1,143,17
16(9) Annual report. The operator shall submit to the department an annual
17summary report concerning the mining waste site containing all of the following:
AB426-ASA1,143,1818
(a) Statistical summaries of annual and cumulative data.
AB426-ASA1,143,2219
(b) A comparison of the summaries under par. (a) to mining waste
20characterization, leachate characterizations, effluent predictions, and baseline
21water quality and background water quality data as contained in the approved
22mining waste site feasibility study and plan of operation.
AB426-ASA1,143,2423
(c) The results of verification procedures and a presentation of the error
24associated with each parameter reported.
AB426-ASA1,144,3
1(d) Information from monitoring wells that have not been affected, including
2a discussion of whether the baseline values should be modified due to natural
3variability and what the new values should be.
AB426-ASA1,144,5
4(10) Applicability. This section does not apply to a surface mine that is
5backfilled with mining waste.
AB426-ASA1,144,12
6295.64 Mining site monitoring; general.
(1) General. The department,
7as a condition of a mining permit, shall require the operator to perform adequate
8monitoring of environmental changes during the course of the mining and for the
9additional period of time that is necessary to satisfactorily complete reclamation and
10completely release the operator from any bonds or other security required. The
11department may monitor environmental changes concurrently with the operator
12and for an additional period after the security is released.
AB426-ASA1,144,17
13(2) Analyses. (a) The department shall review baseline water quality data
14with respect to groundwater and monitoring data associated with the mine, mining
15waste sites, and sites for the disposal of wastes that are not mining wastes at the time
16of each review of the mining permit or reclamation plan under s. 295.63 (3) and when
17the operator requests a modification of the mining permit or reclamation plan.
AB426-ASA1,144,2418
(b) An operator shall have bacteriological analyses of water samples and all
19radiological analyses associated with the mining site performed by the state
20laboratory of hygiene or at a laboratory certified or approved by the department of
21health services. An operator shall have other laboratory tests the results of which
22are submitted to the department under this subchapter performed by a laboratory
23certified or registered under s. 299.11, except that this requirement does not apply
24to any of the following:
AB426-ASA1,144,2525
1. Physical testing of soil.
AB426-ASA1,145,1
12. Air quality tests.
AB426-ASA1,145,22
3. Tests for hydrogen ion concentration (pH).
AB426-ASA1,145,33
4. Tests for chlorine residual.
AB426-ASA1,145,44
5. Tests for temperature.
AB426-ASA1,145,7
5295.643 Mining waste site monitoring.
(1) General. The department may
6require the monitoring of groundwater, surface water, leachate, or other physical
7features associated with a mining waste site.
AB426-ASA1,145,13
8(2) Physical features. The department may require the monitoring of air
9quality, berms, embankments, vegetation growth, and drainage control structures
10associated with the mining waste site. The department may require monitoring of
11other chemical or biological conditions, if the department determines that the
12monitoring is necessary to assess the impact of the mining waste site on critical
13aquatic and terrestrial ecosystems.
AB426-ASA1,145,18
14(3) Monitoring wells and other devices. (a) The department shall require
15the installation of groundwater monitoring wells at a mining waste site. The
16department may require installation of leachate monitoring wells, lysimeters,
17moisture probes, and similar devices and associated water quality sampling and
18analysis programs to detect the effects of leachate on groundwater.
AB426-ASA1,145,2419
(b) The department shall determine the required number of groundwater
20monitoring wells based on the size of the mining waste site, the design of the mining
21waste site, the types of mining waste, and the hydrologic and geologic setting of the
22mining waste site. The department shall ensure that the number of wells is adequate
23to yield samples representative of the groundwater quality both up gradient and
24down gradient of the mining waste site.
AB426-ASA1,146,3
1(c) An operator shall construct all monitoring wells in accordance with ch. NR
2141, Wis. Adm. Code, and in such a manner as to prevent, to the extent practicable,
3the exchange of water between aquifers.
AB426-ASA1,146,7
4(4) Destruction of monitoring devices. (a) If for any reason a monitoring well
5or other monitoring device associated with a mining waste site is destroyed or
6otherwise fails to function properly, the operator shall notify the department in
7writing within 5 days of discovering the destruction or malfunction.
AB426-ASA1,146,118
(b) The operator shall either restore the monitoring well or other device or
9properly abandon it and replace it with a functioning device within 60 days of
10notifying the department under par. (a) unless the department notifies the operator
11otherwise in writing within 30 days of receiving notice from the operator.
AB426-ASA1,146,16
12(5) Sampling other wells. The department may require an operator to sample
13public or private wells as part of a regular monitoring program or to determine the
14extent of groundwater contamination associated with a mining waste site. If the
15owner of a well does not authorize access for sampling, the operator shall promptly
16notify the department.
AB426-ASA1,146,25
17(6) Required monitoring and analysis. (a) An operator shall monitor
18groundwater at locations identified in the waste site feasibility study and plan of
19operation on a quarterly basis, during March, June, September, and December,
20unless the department agrees to an alternate schedule. The department may base
21an alternate schedule on the hydrogeologic system's characteristics, such as flow
22velocity and stratigraphy, and on fluctuations in quality as determined through
23background water quality or baseline water quality sampling and mining waste
24type. The operator shall analyze for the parameters listed in the approved waste site
25feasibility study and plan of operation.
AB426-ASA1,147,3
1(b) An operator shall use the methods for groundwater and surface water
2sample collection, preservation, and analysis that are specified in the approved
3mining waste site facility study and plan of operation.
AB426-ASA1,147,5
4(7) Water elevation measurements. The operator shall make water elevation
5measurements on a quarterly basis.
AB426-ASA1,147,13
6(8) Operations report. The department may require an operator to submit an
7operations report to assess the effectiveness and environmental acceptability of
8mining waste site operations. The operator may include in the report a discussion
9of confinement of the active fill area and an analysis of leachate and other
10monitoring, surface water control and erosion control, revegetation, settlement,
11volume of the mining waste site utilized, leachate quantity and quality, slope
12stability, equipment performance, volume and type of waste disposed of, and other
13relevant parameters.
AB426-ASA1,147,16
14(9) Reports of monitoring data. The operator shall forward to the department,
15within 60 days after sampling, 3 copies of the monitoring data required by this
16section to be collected during each quarter.
AB426-ASA1,147,18
17295.645 Groundwater quality, monitoring, and response. (1) 18Definitions. In this section:
AB426-ASA1,147,2119
(a) "Alternative concentration limit" means the concentration of a substance
20in groundwater established by the department to replace a groundwater quality
21standard when the department grants an exemption.
AB426-ASA1,147,2422
(b) "Statistically significantly different" means an amount of change
23determined by the use of statistical tests for measuring significance at the 95 percent
24confidence level.
AB426-ASA1,148,8
1(2) Design management zone. (a) Notwithstanding the rule-making authority
2in s. 160.21 (2) and except as provided under par. (b), for the purposes of ch. 160, the
3horizontal distance to the boundary of the design management zone for a mining
4operation is 1,200 feet from the limits of the engineered structures of the mining
5waste site, including any wastewater and sludge storage or treatment lagoons, the
6edge of the mine, and the adjacent mine mill and ferrous mineral processing facilities
7or at the boundary of the property owned or leased by the applicant, whichever
8distance is less.
AB426-ASA1,148,149
(b) When issuing or modifying a mining permit or issuing or reissuing any other
10approval, the department may expand the design management zone by a horizontal
11distance of up to an additional 1,200 feet in any direction as provided in this
12paragraph, but not beyond the boundary of the property owned or leased by the
13applicant. The department may not expand the design management zone unless the
14applicant demonstrates all of the following:
AB426-ASA1,148,1715
1. That preventive action limits and enforcement standards or alternative
16concentration limits cannot be met at the boundary of the design management zone
17if it is not expanded.
AB426-ASA1,148,2018
2. That preventive action limits and enforcement standards or alternative
19concentration limits will be met at the boundary of the expanded design
20management zone.
AB426-ASA1,148,2521
(c) Notwithstanding the rule-making authority in s. 160.21 (2), for the
22purposes of ch. 160, the vertical distance to the boundary of the design management
23zone for a mining site, including any mining waste site, extends no deeper than 1,000
24feet into the Precambrian bedrock or than the final depth of the mining excavation,
25whichever is greater.
AB426-ASA1,149,9
1(3) Point of standards application. (a) Any point at which groundwater is
2monitored is a point of standards application to determine whether a preventive
3action limit or an alternative concentration limit to a preventive action limit has been
4attained or exceeded for an activity regulated under a mining permit or another
5approval related to the mining operation. Any of the following is a point of standards
6application to determine whether an enforcement standard or an alternative
7concentration limit to an enforcement standard has been attained or exceeded for an
8activity regulated under a mining permit or another approval related to the mining
9operation:
AB426-ASA1,149,1010
1. Any point of present groundwater use.
AB426-ASA1,149,1211
2. Any point beyond the boundary of the property on which the activity is
12conducted, subject to par. (b).
AB426-ASA1,149,1413
3. Any point that is within the boundary of the property on which the activity
14is conducted but is beyond the design management zone, subject to par. (b).
AB426-ASA1,149,1715
(b) No point at a depth of greater than 1,000 feet into the Precambrian bedrock
16or than the final depth of the mining excavation, whichever is greater, is a point of
17standards application under this subsection.
AB426-ASA1,149,1918
(c) Section 160.21 (2) does not apply to an activity regulated under this
19subchapter.
AB426-ASA1,149,25
20(4) Change in groundwater quality. If the analysis of samples collected
21through monitoring indicates that the quality of groundwater is statistically
22significantly different from either baseline water quality or background water
23quality and the evaluation of the data shows a reasonable probability that without
24intervention groundwater quality standards or alternative concentration limits will
25be attained or exceeded, the operator shall do all of the following:
AB426-ASA1,150,2
1(a) Notify the department within 10 days after the operator receives the results
2of the analysis of the samples.
AB426-ASA1,150,43
(b) Determine, if possible, the cause of the difference in water quality, such as
4a spill, a design failure, or an improper operational procedure.
AB426-ASA1,150,65
(c) Determine the extent of groundwater contamination or the potential for
6groundwater contamination.
AB426-ASA1,150,77
(d) Implement the applicable portions of the approved contingency plan.
AB426-ASA1,151,2
8(5) Response concerning preventive action limits. In accordance with s. NR
9140.24 (1) to (5), Wis. Adm. Code, the department shall evaluate the range of
10responses proposed by the operator when a preventive action limit or an alternative
11concentration limit to a preventive action limit is attained or exceeded and the
12analysis of samples indicates that the quality of groundwater is statistically
13significantly different from either baseline water quality or background water
14quality at a point of standards application. In designating the appropriate response,
15the department shall evaluate the operator's proposed range of responses, including
16any alternate responses to those identified in s. NR 140.24, Wis. Adm. Code. For any
17alternate responses, the department shall consider the technical and economic
18feasibility of alternate responses, the practicality of stopping the further release of
19the substance, and the risks and benefits of continued mining operations. The
20department shall designate the appropriate response, except that, notwithstanding
21s. 160.21 (3) and the rule-making authority under s. 160.21 (1), the department may
22not prohibit a practice or activity or require closure and abandonment of a mining
23waste site, including any wastewater and sludge storage or treatment lagoon, unless
24it has followed the procedures in s. 295.78 and satisfies the requirements of s. 160.23
25(4) and (6). The department may determine that no response is necessary and that
1an exemption is not required when the requirements of s. NR 140.24 (5) (a) or (b), Wis.
2Adm. Code are met.
AB426-ASA1,151,17
3(6) Response concerning enforcement standards. (a) In accordance with s.
4NR 140.26 (1) and (2), Wis. Adm. Code, the department shall evaluate the range of
5responses proposed by the operator based on the responses listed in Table 6 of s. NR
6140.26, Wis. Adm. Code, when an enforcement standard or an alternative
7concentration limit to an enforcement standard is attained or exceeded and the
8analysis of samples indicates that the quality of groundwater is statistically
9significantly different from either baseline water quality or background water
10quality at a point of standards application. In designating the appropriate response,
11the department shall evaluate the operator's proposed range of responses against
12those identified in Table 6 of s. NR 140.26, Wis. Adm. Code. The department shall
13designate the appropriate response, except that, notwithstanding ss. 160.21 (3) and
14160.25 (1) (a) and the rule-making authority under s. 160.21 (1), the department may
15not prohibit a practice or activity or require closure and abandonment of a mining
16waste site, including any wastewater and sludge storage or treatment lagoon, unless
17it has followed the procedures in s. 295.78 and all of the following apply:
AB426-ASA1,151,1818
1. The department bases its decision upon reliable test data.
AB426-ASA1,151,2119
2. The department determines, to a reasonable certainty, by the greater weight
20of the credible evidence, that no other remedial action would prevent the violation
21of the enforcement standard at the point of standards application.
AB426-ASA1,151,2322
3. The department establishes the basis for the boundary and duration of the
23prohibition.
AB426-ASA1,152,3
14. The department ensures that any prohibition imposed is reasonably related
2in time and scope to maintaining compliance with the enforcement standard at the
3point of standards application.
AB426-ASA1,152,114
5. If the substance involved is naturally occurring, unless the substance
5involved is carcinogenic, teratogenic, or mutagenic in humans, the department
6considers the existence of the background concentration of the substance in
7evaluating response options to the noncompliance with the enforcement standard or
8alternative concentration limit for that substance and determines that the proposed
9prohibition will result in the protection of or substantial improvement in
10groundwater quality notwithstanding the background concentrations of the
11substance.
AB426-ASA1,152,1712
(b) The department may only require a remedial action to be taken if the
13remedial action is reasonably related in time and scope to the substance, activity, or
14practice that caused the enforcement standard or alternative concentration limit to
15an enforcement standard to be attained or exceeded and the quality of groundwater
16to be statistically significantly different from either baseline water quality or
17background water quality at the point of standards application.
AB426-ASA1,153,418
(c) If nitrates or any substance of welfare concern attains or exceeds an
19enforcement standard and if the analysis of samples indicates that the quality of
20groundwater is statistically significantly different from either baseline or
21background water quality, then the department shall evaluate whether the
22enforcement standard was attained or exceeded in whole or in part due to high
23background water quality concentrations of the substance and whether the
24additional concentrations represent a public welfare concern before it designates the
25appropriate response and, notwithstanding ss. 160.21 (3) and 160.25 (1) (a) and the
1rule-making authority under s. 160.21 (1), the department may not prohibit a
2practice or activity or require closure and abandonment of a mining waste site,
3including any wastewater and sludge storage or treatment lagoon, unless it has
4followed the procedures in s. 295.78 and par. (a) 1. to 4. apply.
AB426-ASA1,153,65
(d) If compliance with an enforcement standard is achieved at a point of
6standards application, then sub. (5) applies.
AB426-ASA1,153,8
7(7) Environmental analysis not required. An action under sub. (5) or (6) with
8respect to a specific site does not constitute a major state action under s. 1.11 (2).
AB426-ASA1,153,12
9(8) Exemptions to groundwater quality standards. When issuing or
10modifying a mining permit or issuing or reissuing any other approval, the
11department may grant an exemption from a groundwater quality standard and
12establish an alternative concentration limit to a groundwater quality standard.