Register December 2021 No. 792
Chapter NR 182
NONFERROUS METALLIC MINERAL MINING WASTE MANAGEMENT
NR 182.102 Applicability.
NR 182.104 General submittal requirements.
NR 182.105 Location criteria.
NR 182.106 Minimum design and operation requirements.
NR 182.107 Groundwater standards and evaluation.
NR 182.108 Feasibility report.
NR 182.109 Plan of operation.
NR 182.1095 Preconstruction meetings and reporting.
NR 182.110 Construction documentation and completion reports.
NR 182.111 Facility license.
NR 182.114 Recordkeeping and reporting.
NR 182.116 Financial responsibility for closure.
NR 182.117 Financial responsibility for long-term care.
NR 182.118 Environmental fees.
NR 182.119 Exemptions and modifications.
Ch. NR 182 Note
Note: Chapter NR 182 as it existed on December 31, 2021, was repealed and a new chapter NR 182 was created effective January 1, 2022.
NR 182.101
NR 182.101 Purpose. The purpose of this chapter is to regulate the location, design, construction, operation, maintenance, closure, and long-term care of the sites and facilities for the storage and disposal of nonferrous metallic mining and prospecting wastes and to coordinate the review, approval and oversight of such sites with the permitting and oversight processes specified in chs.
NR 131 and
132 and chs.
289 and
293, Stats.
NR 182.101 History
History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction made under s. 35.17, Stats., Register December 2021 No. 792. NR 182.102(1)
(1) This chapter governs sites and facilities used for storage and disposal of nonferrous metallic mining waste, as defined in this chapter which are part of a nonferrous metallic mineral mining or prospecting operation as defined in s.
293.01 (9) and
(18), Stats.
NR 182.102(2)
(2) This chapter establishes specific groundwater quality protection standards and procedures that are applicable to all facilities regulated under this chapter and to other facilities constructed as part of nonferrous metallic mining or prospecting operations permitted under ch.
NR 131 or
132.
NR 182.102(3)
(3) To the extent that nonferrous metallic prospecting or mining wastes are identified by the department as hazardous under s.
291.05 (1), Stats., the department shall regulate the disposal of such wastes under this chapter, and not under chs.
NR 660 to
670, subject to amendment, if necessary, to comply with applicable federal regulations or otherwise to adequately protect the environment.
NR 182.102(4)
(4) An operator shall maintain sites and facilities utilized for the storage, transportation, treatment, and disposal of non-mining solid wastes generated as part of nonferrous metallic mining operation, not covered by the definition of mining waste, in compliance with the provisions of chs.
NR 500 to
544 and
NR 660 to
670, as applicable.
NR 182.102(5)
(5) The provisions of this chapter are not applicable to the design, construction, or operation of industrial wastewater facilities, sewerage systems, and waterworks treating liquid waste approved under s.
281.41, Stats., or permitted under ch.
283, Stats., nor to sites used solely for the disposal of liquid industrial wastes which have been approved under s.
281.41, Stats., or permitted under ch.
283, Stats.
NR 182.102(6)
(6) To the extent mining wastes are used in the reclamation or construction of other facilities and structures on mining or prospecting sites, other than the waste facility itself, or for backfilling an underground mine or a prospecting excavation, the facilities where such waste are placed shall be exempt from the requirements of ch.
289, Stats., and this chapter but shall comply with the review and approval requirements of ch.
293, Stats., and ch.
NR 131 or
132. Facilities used to store mining waste prior to being used for construction or reclamation or as backfill for an underground mine or prospecting excavation shall comply with this chapter.
NR 182.102(7)
(7) Surface mines that are backfilled with mining waste shall be subject to the requirements of this chapter except for ss.
NR 182.105 and
182.106. For surface mines that are backfilled with mining waste, the mine pit and any land or appurtenances used for the storage of mining waste prior to its use as backfill shall be considered a single waste site. Facilities used to store mining waste prior to its being used as backfill for a surface mine shall comply with this chapter.
NR 182.102(8)
(8) An underground mine or a prospecting excavation which is backfilled with nonferrous mining waste in accordance with a prospecting permit or a mining permit issued under ch.
NR 131 or
132 is not a waste site subject to regulation under this chapter.
NR 182.102 History
History: CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2021 No. 792. NR 182.103
NR 182.103 Definitions. In this chapter:
NR 182.103(1)
(1) “
Active dam" means a dam and associated settling area into which tailings or wastewater, or both, are being introduced for purposes of clarification or that has not been reclaimed in an approved manner.
NR 182.103(2)
(2) “
Active facility life" means the period of operation beginning with the initial receipt of mining waste at a facility until the facility ceases to accept waste and has completed all closure and reclamation activities in accordance with this chapter, chs.
NR 131 and
132, and any applicable plan approvals and permits.
NR 182.103(4)
(4) “
Applicant" means a person who has submitted a feasibility report or plan of operation or applied for a waste facility license under this chapter.
NR 182.103(5)
(5) “
Aquifer" means a geologic formation, group of formations, or part of a formation that is saturated with water and can store and transmit water, such as to a well or a spring, in quantities sufficient to constitute a usable supply.
NR 182.103(6)
(6) “
Asbestos" means the asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite (amosite), anthophyllite, and actinolite-tremolite.
NR 182.103(7)
(7) “
Background concentration" or “background water quality” means surface water or groundwater quality at or near a facility, practice or activity which has not been affected by that facility, practice or activity, established by monitoring at the proposed site, upgradient and downgradient of the proposed site and at representative reference sites, as necessary.
NR 182.103(8)
(8) “
Baseline concentration" or “baseline water quality” means the concentration of a substance in groundwater or surface water as determined by monitoring at or near a proposed facility, practice, or activity before the facility has been constructed or the practice or activity has commenced.
NR 182.103(9)
(9) “
Closure" means those actions to be taken by the owner or operator of a mining waste site or facility to prepare the site for long-term care and to make it suitable for other uses.
NR 182.103(10)
(10) “
Closure plan" means a written report and supplemental engineering plans detailing those actions that will be taken by the owner or operator to effect proper closure of a nonferrous mining waste facility.
NR 182.103(11)
(11) “
Closing" means the time at which a nonferrous mining waste site or facility ceases to accept wastes, and includes those actions taken by the owner or operator of the facility to prepare the site for long-term care and make it suitable for other uses.
NR 182.103(12)
(12) “
Completeness" means a determination by the department that the minimum submittal requirements as established by this chapter for a plan or report have been met.
NR 182.103(12m)
(12m) “Composite liner” or “composite capping system” means a liner or capping system consisting of 2 low permeability components installed in direct and uniform contact, with the upper component consisting of a geomembrane material and the lower component consisting of compacted low permeability soils or compacted fine-grained soils combined with a geosynthetic clay liner.
NR 182.103(13)
(13) “
Construct" means to engage in construction and closure activities for a new or expanded mining waste facility including any of the following:
NR 182.103(13)(b)
(b) Preparation and construction of facility base grade, leachate collection systems, liner systems, and final cover systems.
NR 182.103(13)(d)
(d) Replacement, expansion, remodeling, alteration, or extension of existing structures.
NR 182.103(13)(e)
(e) Acquisition and installation of equipment associated with new, expanded, or remodeled structures.
NR 182.103(14)
(14) “
Construction documentation report" means a written report submitted under the seal of a licensed professional engineer documenting that a nonferrous mining waste disposal site or facility has been constructed in substantial compliance with a department approved plan of operation and this chapter.
NR 182.103(15)
(15) “
Department" means the department of natural resources.
NR 182.103(16)
(16) “
Depth of useable groundwater” means the depth into the Precambrian bedrock, as determined by the department, below which the groundwater is not reasonably capable of being used or made suitable for human consumption and is not hydrologically connected to other sources of groundwater that are suitable for human consumption.
NR 182.103(17)
(17) “
Design capacity" means the total volume in cubic yards of waste that can be placed in a waste site, including the volume of any daily or intermediate cover material utilized in the facility, but not including final cover or topsoil.
NR 182.103(19)
(19) “
Disposal" means the discharge, deposit, injection, dumping, or placing of any mining or prospecting waste into or on any land or water so that the mining and prospecting waste or any constituent of the waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
NR 182.103(21)
(21) “
Establish" means to bring a mining waste disposal site or facility into existence, in compliance with applicable approvals and rules of the department.
NR 182.103(22)
(22) “
Expand an existing site or facility" means to dispose of nonferrous mining waste on land not previously licensed, to dispose of mining waste not in accordance with a department issued plan approval, if one exists, or to dispose of mining waste in a manner significantly different from past operations.
NR 182.103(23)
(23) “
Facility" means any land or appurtenances to the land used for the storage or disposal of nonferrous mining wastes, but does not include land or appurtenances used in the production or transportation of mining wastes, such as the concentrator, haul roads, or tailings pipelines, that are permitted under ch.
NR 131 or
132.
NR 182.103(24)
(24) “
Feasibility report" means a report for a specific nonferrous mining waste disposal site or facility that describes the facility, surrounding area, and proposed operation in terms of land use, topography, soils, geology, hydrology, groundwater, surface water, proposed waste quantities and characteristics, and preliminary site or facility design concepts.
NR 182.103(25)
(25) “
Fill area" means the area of a facility proposed to receive or that is receiving direct placement of nonferrous mining waste.
NR 182.103(26)
(26) “
Floodplain" means land that has been, prior to January 1, 2022, or may be after January 1, 2022, as determined by the department, covered by flood water during the regional flood as defined in ch.
NR 116 and includes the floodway and the flood fringe as defined in ch.
NR 116.
NR 182.103(27)
(27) “
Freeboard" means the height of the crest of the dam above the adjacent liquid surface within the impoundment.
NR 182.103(27g)
(27g) “Geomembrane" means a highly impermeable membrane made from plastic or rubber-based material by polymerization.
NR 182.103(27r)
(27r) “Geosynthetic clay liner” or “GCL” means factory manufactured geosynthetic product consisting of a layer of bentonite contained between geotextiles that are attached by adhesion, stitch bonding or needlepunching or a layer of bentonite attached to a geomembrane by adhesion.
NR 182.103(28)
(28) “
Groundwater" means any waters of the state, as defined in s.
281.01 (18), Stats., occurring in a saturated subsurface geological formation of rock or soil.
NR 182.103(29)
(29) “
Groundwater quality" means the chemical, physical, biological, thermal, or radiological quality of groundwater at a site or within an underground aquifer.
NR 182.103(30)
(30) “
Groundwater standard" means a preventive action limit, alternative concentration limit, or enforcement standard established in accordance with ch.
NR 140 and this chapter.
NR 182.103(31)
(31) “
Inactive dam" means a dam and associated settling area that is no longer being used for disposal of wastewater or tailings, or both, and that has been reclaimed in an approved manner.
NR 182.103(33)
(33) “
Leachate" means water or other liquid that has percolated through or contacted nonferrous mining waste materials.
NR 182.103(34)
(34) “
Licensed professional engineer" means a professional engineer registered with or licensed by the Wisconsin department of safety and professional services.
NR 182.103(35)
(35) “
Licensed professional geologist" means a professional geologist registered with or licensed by the Wisconsin department of safety and professional services.
NR 182.103(36)
(36) “
Limits of filling" means the outermost limit at which waste from a facility has been disposed of or approved or proposed for disposal.
NR 182.103(39)
(39) “
Mine" means an excavation at or below the earth's surface made to extract nonferrous metallic minerals.
