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.
A monitoring program shall be developed for the purpose of determining whether the proposed facilities meet all environmental standards. Program design and specifications should be based on potential variations in the quality and quantity of waste materials, methods of processing, transport and disposal, and the variability of important environmental conditions.
The applicant shall submit information based on predictive modeling to demonstrate there is a reasonable certainty that the facility will not result in a violation of the groundwater quality standards, specified in ch. NR 140
, beyond the design management zone. If any statistically significant change in baseline groundwater quality is predicted, the applicant shall prepare a specific assessment of any adverse environmental impacts reasonably expected to result. If it is expected, with reasonable certainty, that a preventive action limit will be exceeded beyond the design management zone, the applicant shall request an exemption under ss. NR 140.28
which shall include an assessment of why it is not technically and economically feasible to achieve the preventive action limit.
For expansion of existing facilities the report shall include an evaluation of the effectiveness of the existing site design and operation.
(f) Water budget.
A preliminary water budget shall be prepared for 3 time periods: before construction, during active operation and after facility closure. Water budget calculations shall be made for 3 climatological situations depicting dry, wet and average precipitation — evaporation conditions based on climatologic records. The water budget shall describe the estimated amount and quality of seepage and discharge to surface and groundwater. Factors to be considered in preparation of the water budget are precipitation, slurry water input and return, evaporation, surface runoff, infiltration, evapotranspiration, soil and waste moisture holding capacity and groundwater flow velocities and volume.
The applicant shall analyze the impact of the waste disposal site on aesthetics and how such impact can be minimized.
(h) Dam safety factors.
The applicant shall submit data regarding the safety factors of tailings pond embankments. On a case-by-case basis the following factors shall be considered:
Geology of the disposal site including type and homogeneity of the foundation.
Physical and chemical characteristics of the waste as deposited and predicted changes through time.
Potential area to be affected in case of failure, considering land use and the surrounding environment.
Requirements as specified by the mine safety and health administration.
(i) Contingency plan.
The applicant shall develop and describe 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 which does not comply with the license conditions or other applicable standards.
(j) Closure and long-term care.
An economic analysis, including an engineer's cost estimate, for site closing and long-term care, which may be provided by reference to the reclamation plan submitted pursuant to s. 293.37 (2) (b)
, Stats., and s. NR 132.08
Alternatives to the design and location of any new proposed waste site shall be identified and evaluated, including an economic analysis of each site which is both environmentally and economically feasible. Operation alternatives shall be discussed to the extent they have a significant impact on design and location alternatives.
In order to minimize the total adverse environmental impact, a viable site shall be chosen that would result in the least total overall adverse environmental impact. The site selection process shall include the identification and analysis of various alternatives so that a legitimate comparison between several of the most viable sites can be made, realizing that a comparison will be made between several sites, all of which may have some imperfections with regard to environmental acceptability and none of which, in some cases, may be found to be environmentally acceptable as a result of compliance with s. 1.11
, Stats., and other applicable Wisconsin laws.
The applicant shall submit to the department the data on all proposed alternative waste sites and designs studied by the applicant.
The feasibility report shall have an appendix including:
Boring logs, soil tests, well construction data and water level measurements;
Within 60 days after a feasibility report is submitted, the department shall notify the applicant in writing whether the feasibility report is complete, or specify what information is needed if the report is incomplete. A favorable determination as to completeness does not mean that the report is adequate for the purpose of determining site feasibility under this chapter.
Within 90 days after completion of the hearing under s. 293.43
, Stats., the department shall issue a written determination on the adequacy of the feasibility report and of site feasibility, stating the findings of fact and conclusions of law upon which the determination is based. If a determination is made that the feasibility report is not adequate to make the determination of site feasibility, the department may defer decision until an amended feasibility report is filed and, if the department deems it necessary, a continuation of the hearing held pursuant to s. 293.43
The site may be found feasible if it meets the design, operation, location and environmental standards contained directly or by cross-reference in this chapter. Any determination made under this subsection may be conditioned upon the design, operational or other requirements deemed necessary to be included in the plan of operation. A favorable determination issued under this subsection shall specify the design capacity of the proposed site and constitute approval of the site for the purpose intended.
NR 182.08 History
Cr. Register, August, 1982, No. 320
, eff. 9-1-82; am. (2) (intro.) and (3) (c), Register, October, 1988, No. 394
, eff. 11-1-88; correction in (2) made under s. 13.93 (2m) (b) 1., Stats., Register, September, 1995, No. 477
; am. (2) (e) 9., Register, May, 1998, No. 509
, eff. 6-1-98; 2017 Wis. Act 134: am. (2) (d) 8. e. Register January 2018 No. 745, eff. 2-1-18.
No person may establish or construct a waste site or expand an existing site until a plan of operation has been submitted in accordance with s. NR 182.06
and approved in writing by the department, except as otherwise provided herein. No person may establish, construct, operate, maintain, close, provide long-term care for, or terminate a site except in accordance with the approved plan of operation. No person may submit a plan of operation for a facility prior to the time the person submits a feasibility report for that facility. A person may submit a plan of operation with the feasibility report or at any time after the feasibility report is submitted. If the proposed waste site is a surface mine backfilled with mining waste, the plan of operation 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 plan of operation requirements.
All plans of operation for waste sites shall be consistent with the findings of fact and conclusions of law issued as a result of the hearing pursuant to s. 293.43
, Stats., and the feasibility determination and conditions pursuant to s. NR 182.08 (3)
and shall contain complete plans and specifications necessary for the construction, operation, closure, long-term care and termination of the project. All information shall be presented in a clear and understandable manner. The plan of operation shall contain, at a minimum, the following information:
A title sheet indicating the project title, who prepared the plans, the person for whom the plans were prepared, a table of contents, and a location map showing the location of the site geographically and its relation to the mine - mill complex or associated sites and facilities.
An existing site conditions plan sheet indicating site conditions prior to development. The details and extent of coverage shall be the same as that required for the existing site conditions map in s. NR 182.08 (2) (d) 1.
A base grade plan sheet indicating site base grades or the appearance of the site if it were excavated in its entirety to the base elevation, before installation of any engineering modifications and prior to disposal of any wastes.
An engineering modifications plan sheet indicating the appearance of the site after installation of engineering modifications. More than one plan sheet may be required for complicated sites. This plan is required only for those facilities with engineering modifications.
A final site topography plan sheet indicating the appearance of the site at closing including the details necessary to prepare the site for reclamation and long-term care.
A series of phasing plan sheets showing the progression of site development through time. At a minimum, a separate plan shall be provided for initial site preparations for each subsequent major phase or new area where substantial site preparation and certification must be performed. Each plan shall include a list of construction items and quantities necessary to prepare the phase indicated.
A site monitoring plan sheet showing the location of all devices for the monitoring of leachate quality, leachate production, groundwater quality and levels in both the natural zone of saturation and that developed within the disposal site. This plan sheet shall include a table indicating the parameters to be monitored for and the frequency of monitoring before and during site development.
A long-term care plan sheet showing the site of the completion of closure and indicating those items anticipated to be performed during the period of long-term care for the site. The plan shall include a table listing of items and the anticipated schedule for monitoring and maintenance. In many instances this information can be presented on the final site topography sheet.
When applicable, the following information shall be presented on the appropriate plan sheet:
All information required for the existing site conditions map as described in s. NR 182.08 (2) (d) 1.
, unless including this information leads to confusion with the data intended for display.
A survey grid with baselines and monuments to be used for field control.
All drainage patterns and surface water drainage control structures both within the actual fill area and at the site perimeter. Such structures may include berms, ditches, sedimentation basins, pumps, sumps, culverts, pipes, inlets, velocity breaks, sodding, erosion matting, vegetation or other methods of erosion control.
Ground surface contours at the time represented by the drawing. Spot elevations should be indicated for key features.
Borrow areas for liner materials, granular materials for filter beds, berms, roadway construction and cover materials.
All soil stockpiles including soils to be used for cover, topsoil, liner materials, filter bed materials and other excavation.
Access roads and traffic flow patterns to and within the active fill area.
Leachate collection, control and treatment systems which may include pipes, manholes, trenches, berms, collection sumps or basins, pumps, risers, liners and liner splices.
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.
NR 182.10 Construction and completion reports.