NR 182.135(4) (4)Field conductivity,
NR 182.135(5) (5)Waste material and ore testing,
NR 182.135(6) (6)Precipitation chemistry tests,
NR 182.135(7) (7)Leachate-liner compatibility testing.
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 History: Cr. Register, April, 1986, No. 364, eff. 8-28-86.
NR 182.14 NR 182.14 Recordkeeping and reporting.
NR 182.14(1)(a) (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.
NR 182.14(1)(b) (b) 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.
NR 182.14(1)(b)1. 1. A record of each waste disposed of or stored on a weekly basis at the waste site or facility including the following:
NR 182.14(1)(b)1.a. a. A description of the type of each mining waste.
NR 182.14(1)(b)1.b. b. 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.
NR 182.14(1)(b)1.c. c. Locations, with respect to permanently surveyed benchmarks, where each is disposed of or stored.
NR 182.14(1)(b)1.d. d. Waste characterization and analyses, as specified in this chapter.
NR 182.14(1)(b)2. 2. Monitoring data, as required in this chapter.
NR 182.14(1)(b)3. 3. 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.
NR 182.14(1)(b)4. 4. Records or results of visual inspections required under this chapter.
NR 182.14(1)(c) (c) 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.
NR 182.14(1)(d) (d) A dam owner shall maintain in a permanent file the following construction records pertaining to said dam for future reference should they be needed.
NR 182.14(1)(d)1. 1. Aerial photo of the construction site before construction.
NR 182.14(1)(d)2. 2. Construction drawings and modifications thereof.
NR 182.14(1)(d)3. 3. Construction specifications and modifications thereof.
NR 182.14(1)(d)4. 4. Results of all soil tests on foundations and fill materials.
NR 182.14(1)(d)5. 5. Logs of borings and engineering geology reports.
NR 182.14(1)(d)6. 6. 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.
NR 182.14(1)(d)7. 7. Aerial stereo photos of the entire dam taken within 90 days after all construction is completed.
NR 182.14(1)(d)8. 8. A description of and justification for all deviations or variances from the construction plans and specifications.
NR 182.14(2)(a)(a) 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.
NR 182.14(2)(b) (b) 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.
NR 182.14(2)(c) (c) Duplicate copies of all records required in sub. (1) (b), (c) and (d) 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.
NR 182.14(2)(d) (d) 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.
NR 182.14(2)(e) (e) 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.
NR 182.14(2)(f) (f) 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.
NR 182.14(3) (3)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 History: Cr. Register, August, 1982, No. 320, eff. 9-1-82; am. (2) (e), Register, May, 1998, No. 509, eff. 6-1-98.
NR 182.15 NR 182.15 Closure.
NR 182.15(1)(1)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.
NR 182.15(2) (2)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.
NR 182.15(3) (3)The owner or operator shall reestablish and develop the finished surface in any closed portion in accordance with the approved facility final use.
NR 182.15(4) (4)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.
NR 182.15(5) (5)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.
NR 182.15(6) (6)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.
NR 182.15(7) (7)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 History: Cr. Register, August, 1982, No. 320, eff. 9-1-82.
NR 182.16 NR 182.16 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.
NR 182.16(2) (2)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 History: Cr. Register, August, 1982, No. 320, eff. 9-1-82; reprinted to restore dropped copy, Register, July, 1984, No. 343.
NR 182.17 NR 182.17 Financial responsibility for long-term care.
NR 182.17(1)(1)Definitions.
NR 182.17(1)(a)(a) “Actual dollar inpayments" means equal annual payments made by the facility owner into a long-term care account.
NR 182.17(1)(b) (b) “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), Stats.
NR 182.17(1)(c) (c) “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.
NR 182.17(1)(d) (d) “Closure period" means the 90-day period after the facility ceases to accept waste, unless otherwise specified in the approved plan of operation.
NR 182.17(1)(e) (e) “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.
NR 182.17(1)(f) (f) “Interest bearing accounts" means escrow accounts, trust accounts or cash deposits with the department.
NR 182.17(1)(g) (g) “Non-interest bearing accounts" means letters of credit, performance bonds or forfeiture bonds.
NR 182.17(1)(h) (h) “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.
NR 182.17(1)(i) (i) “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.
NR 182.17(1)(j) (j) “U.S. government securities" includes treasury bills, treasury bonds, treasury certificates, treasury notes, and treasury stocks guaranteed by the federal government.
NR 182.17(2) (2)Applicability.
NR 182.17(2)(a) (a) Purpose. The intent of this section is to coordinate the financial responsibility requirements of ch. NR 132 and this chapter as they affect the long-term care of an approved mining waste facility as defined in s. 289.01 (4), Stats. The long-term care requirements of this chapter are to be incorporated in and made part of the mine reclamation plan. Financial responsibility for long-term care and release of the same, however, shall be made according to the provisions of this section. 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 mining waste disposal facility may be approved unless the applicant submits, as part of the initial operating license application and annually thereafter for the period of active facility life, proof of financial responsibility ensuring that the applicant and any successor in interest will comply with the long-term care requirements referenced in the plan and incorporated in and made part of the reclamation plan.
NR 182.17(2)(b) (b) An owner of an approved mining waste facility shall be responsible for the long-term care of the facility for 30 years after closure. The long-term care requirements of this chapter shall be incorporated in and made part of the reclamation plan submitted under s. 293.37 (2) (b), Stats., and s. NR 132.08 but shall be referenced in the plan of operation submitted under s. NR 182.09. The financial responsibility requirements of par. (a) for such long-term care, however, shall be fulfilled by compliance with the provisions of any of sub. (3) (a) to (h).
NR 182.17(2)(c) (c) Successors in interest. Any person acquiring rights of ownership, possession or operation of a licensed facility shall be subject to all requirements of the license for the facility and shall provide any required proof of financial responsibility to the department in accordance with this section. The previous owner is responsible for long-term care, and shall maintain any required proof of financial responsibility, until the person acquiring ownership, possession or operation of the facility establishes any required proof of financial responsibility.
NR 182.17(3) (3)Methods of providing proof of financial responsibility. The owner shall specify, as part of the plan of operation submittal, which method of providing proof of financial responsibility will be used for long-term care. To provide proof of financial responsibility, the applicant shall use one of the following methods:
NR 182.17(3)(a) (a) Performance or forfeiture bond.
NR 182.17(3)(a)1.1. If the owner chooses to submit a bond, it shall be in the amount determined according to sub. (5) (b) conditioned upon faithful performance by the owner and any successor in interest, of all long-term care requirements of the approved plan of operation. The bond shall be delivered to the department as part of the initial operating license application. Bond forms shall be supplied by the department.
NR 182.17(3)(a)2. 2. Bonds shall be issued by a surety company authorized to do surety business in this state. At the option of the owner a performance bond or a forfeiture bond may be filed. The department shall be the obligee of the bond. Surety companies may have the opportunity to complete the long-term care of the facility in lieu of cash payment to the department if the owner or any successor in interest fails to carry out the long-term care requirements of the approved plan of operation. The department shall mail notification of its intent to use the funds for that purpose to the last known address of the owner. If the owner submits a written request for a hearing to the secretary of the department within 20 days after the mailing of the notification, the department shall, prior to using the funds, hold a hearing for the purpose of determining whether or not the long-term care requirements of the approved plan of operation have been carried out.
NR 182.17(3)(a)3. 3. Each bond shall provide that, as long as any obligation of the owner for long-term care remains, the bond may not be canceled by the surety, unless a replacement bond or other proof of financial responsibility under this section is provided to the department by the owner. If the surety proposes to cancel a bond, the surety shall provide notice to the department in writing by registered or certified mail not less than 90 days prior to the proposed cancellation date. Not less than 30 days prior to the expiration of the 90-day notice period, the owner shall deliver to the department a replacement bond or other proof of financial responsibility under this section, in the absence of which all disposal operation shall immediately cease and the bond shall remain in effect as long as any obligation of the owner remains for long-term care.
NR 182.17(3)(a)4. 4. If the surety company becomes bankrupt or insolvent or if its authorization to do business is revoked or suspended, the owner shall, within 30 days after receiving written notice, deliver to the department a replacement bond or other proof of financial responsibility under this section in the absence of which all disposal operations shall immediately cease and the bond shall remain in effect as long as any obligation of the owner remains for long-term care.
NR 182.17(3)(b) (b) Deposit with the department. An owner may deposit cash, certificates of deposit, or U.S. government securities with the department, the amount of the deposit shall be determined according to sub. (5) (a) and shall be submitted as part of the initial license application. Cash deposits placed with the department shall be segregated and invested in an interest bearing account. All interest payments shall be accumulated in the account. The department shall have the right to use part or all of the funds to carry out the long-term care requirements of the approved plan of operation if the owner fails to do so. The department shall mail notification of its intent to use funds for that purpose to the last known address of the owner. If the owner submits a written request for a hearing to the secretary of the department within 20 days after the mailing of the notification, the department shall, prior to using the funds, hold a hearing for the purpose of determining whether or not the long-term care requirements of the approved plan of operation have been carried out.
NR 182.17(3)(c) (c) Escrow account. If the owner establishes an escrow account, it shall be with a bank or a financial institution located within the state of Wisconsin which is examined and regulated by the state or a federal agency in the amount determined according to sub. (5) (a). The assets in the escrow account shall consist of cash, certificates of deposit, or U.S. government securities. All interest payments shall be accumulated in the account. A duplicate original of the escrow agreement with original signatures shall be submitted to the department as part of the initial operating license application. Escrow account forms shall be supplied by the department. The department shall be a party to the escrow agreement, which shall provide that there shall be no withdrawals from the escrow account except as authorized in writing by the department. The escrow agreement shall further provide that the department shall have the right to withdraw and use part or all of the funds in the escrow account to carry out the long-term care requirements of the approved plan of operation if the owner fails to do so. The department shall mail notification of its intent to use funds for that purpose to the last known address of the owner. If the owner submits a written request for a hearing to the secretary of the department within 20 days after the mailing of the notification, the department shall, prior to using the funds, hold a hearing for the purpose of determining whether or not the long-term care requirements of the approved plan of operation have been carried out.
NR 182.17(3)(d) (d) Irrevocable trust. If the owner creates an irrevocable trust, it shall be exclusively for the purpose of ensuring that the owner or any successor in interest will comply with the long-term care requirements of the approved plan of operation. The trust agreement shall designate the department as sole beneficiary. The trustee shall be a bank or other financial institution located within the state of Wisconsin which has the authority to act as a trustee and whose trust operations are regulated and examined by the state or a federal agency. The trust corpus shall consist of cash, certificates of deposit or U.S. government securities in the amount determined according to sub. (5) (a). All interest payments shall be accumulated in the account. A duplicate original of the trust agreement with original signatures shall be submitted to the department for approval as part of the initial operating license application. Trust forms shall be supplied by the department. The trust agreement shall provide that there shall be no withdrawal from the trust fund except as authorized in writing by the department. The trust agreement shall further provide that sufficient monies shall be paid from the trust fund to the beneficiary in the event that the owner or any successor in interest fails to complete the long-term care requirements of the approved plan of operation. The department shall mail notification of its intent to use funds for that purpose to the last known address of the owner. If the owner submits a written request for a hearing to the secretary of the department within 20 days after the mailing of the notification, the department shall, prior to using the funds, hold a hearing for the purpose of determining whether or not the long-term care requirements of the approved plan of operation have been carried out.
NR 182.17(3)(e) (e) Letter of credit.
NR 182.17(3)(e)1.1. If the owner chooses to submit a letter of credit, it shall be in the amount determined according to sub. (5) (b) conditioned upon faithful performance by the owner and any successor in interest, of all long-term care requirements of the approved plan of operation. The original letter of credit shall be delivered to the department as part of the initial operating license application. Letter of credit forms shall be supplied by the department.
NR 182.17(3)(e)2. 2. Letters of credit shall be issued by a bank or financial institution which is examined and regulated by a federal agency, or in the case of a bank or financial institution located within the state of Wisconsin, which is examined and regulated by the state or a federal agency. The department shall be the beneficiary of the letter of credit.
NR 182.17(3)(e)3. 3. Each letter of credit shall provide that as long as any obligation of the owner for long-term care remains, the letter of credit may not be canceled by the bank or financial institution, unless a replacement letter of credit or other proof of financial responsibility under this section is provided to the department by the owner. If the bank or financial institution proposes to cancel a letter of credit, the bank or financial institution shall provide notice to the department in writing by registered or certified mail not less than 90 days prior to the proposed cancellation date. Not less than 30 days prior to the expiration date of the 90-day notice period, the owner shall deliver to the department a replacement letter of credit or other proof of financial responsibility under this section, in the absence of which all disposal operations shall immediately cease and the letter of credit shall remain in effect as long as any obligation of the owner remains for closure or long-term care.
NR 182.17(3)(e)4. 4. If the bank or financial institution becomes bankrupt or insolvent or if its authorization to do business is revoked or suspended, the owner shall, within 30 days after receiving written notice, deliver to the department a replacement letter of credit or other proof of financial responsibility under this section, in the absence of which all disposal operations shall immediately cease and the letter of credit shall remain in effect as long as any obligation of the owner remains for closure or long-term care.
NR 182.17(3)(e)5. 5. The letter of credit shall further provide that the department shall have the right to withdraw and use part or all of the funds to carry out the long-term care requirements of the plan of operation if the owner fails to do so. The department shall mail notification of its intent to use the funds for that purpose to the last known address of the owner. If the owner submits a written request for a hearing to the secretary of the department within 10 days after mailing of the notification, the department shall, prior to using the funds, hold a hearing for the purpose of determining whether or not the long-term care requirements of the approved plan of operation have been carried out.
NR 182.17(3)(f) (f) Net worth test.
NR 182.17(3)(f)1.1. Only a company that meets the definition in s. 289.41 (1) (b), Stats., may use the net worth method of providing proof of financial responsibility.
NR 182.17(3)(f)2. 2. The owner shall comply with the net worth test requirements of s. 289.41 (4) and (6), Stats., and the minimum security requirements of s. 144.443 (8), 1993 Stats., whichever is applicable.
NR 182.17 Note Note: Section 144.443 (8), Stats., specifying minimum security requirements has been repealed.
NR 182.17(3)(f)3. 3. Companies using the net worth test to provide proof of financial responsibility for more than one facility shall use the total cost of compliance for all facilities in determining the net worth to closure and long-term care cost ratio.
NR 182.17(3)(f)4. 4. The department determinations under the net worth test shall be done in accordance with s. 289.41 (5), Stats.
NR 182.17(3)(g) (g) Insurance.
NR 182.17(3)(g)1.1. If the owner chooses to submit an insurance policy for long-term care, it shall be issued for the maximum risk limit determined according to sub. (5) (c). A certificate of insurance shall be delivered to the department as part of the initial operating license application. Certificate of insurance forms shall be supplied by the department.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.