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8(2) The operator shall furnish the department with a report for each mining
9site within 30 days after the end of every 12-month period after issuance of the
10permit, within 30 days after completion of all mining at the mining site, and within
1130 days after completion of the mining plan and of the reclamation plan, describing
12any reclamation work accomplished, or experimental reclamation work performed,
13during the preceding year. The operator shall include in the reports an annual plan
14map, color-coded and with a legend, showing all of the following, as of December 31
15of the previous year, or as near to December 31 of the previous year as mining
16operations permit:
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(a) Location and boundary of the mining area.
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(b) Any mine mill.
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(c) Any open pit.
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(d) Stockpiles of overburden.
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(e) Stockpiles of waste rock.
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(f) Ferrous ore stockpiles.
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(g) Streams, lakes, and reservoirs.
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(h) Tailings basins.
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1(j) Sequential numbers or letters or other method, as approved by the
2department, permanently assigned to portions of the mining site that have been
3abandoned before abandonment of the entire mining operation.
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(k) Changes in the surface area disturbed by mining during the preceding year,
5indicated by vertical crosshatching or other method approved by the department.
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(L) Anticipated changes in the surface area disturbed by mining during the
7current year, indicated by horizontal crosshatching or other method approved by the
8department.
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(m) Elevations of stockpiles and tailings basins.
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(n) Drainage on and away from the surface area disturbed by mining, showing
11directional flow of water in drainage ways, natural watercourses, and streams,
12intermittent and flowing, including discharge from the mining.
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(o) The name of the geologist, engineer, or surveyor responsible for the
14preparation of the map.
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(p) The date the map was prepared.
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16(3) If the department finds that a change requested under sub. (1) (a) would
17make substantial compliance with the approved mining plan, reclamation plan, or
18mining waste site feasibility study and plan of operation impossible or it finds, based
19on a review conducted no more frequently than every 5 years, that because of
20changing conditions, including changes in reclamation costs or reclamation
21technology, the reclamation plan for a mining site is no longer sufficient to
22reasonably provide for reclamation of the mining site consistent with this
23subchapter, it shall require the operator to submit an amended mining plan,
24reclamation plan, or mining waste site feasibility study and plan of operation and
25applications for amending any approval associated with the proposed amendments
1to the mining plan, reclamation plan, or mining waste site feasibility study and plan
2of operation. The public notice, public comment, and public hearing procedures in
3s. 295.57 apply to amended plans and applications under this subsection. The
4department shall approve or deny the amended mining plan, reclamation plan, or
5mining waste site feasibility study and plan of operation in accordance with s.
6295.58, within 30 days following the close of the public comment period. The
7applicant may continue to operate under the existing mining permit until the
8amended mining permit is issued or denied.
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9295.635 Required mining waste site inspections, record keeping,
10reporting, and responses. (1) Definitions. In this section:
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(a) "Active dam" means a dam and associated settling area into which tailings
12or wastewater are being introduced or that has not been reclaimed in a manner
13approved by the department.
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(b) "Inactive dam" means a dam and associated settling area that is no longer
15being used for disposal of tailings or wastewater and that has been reclaimed in a
16manner approved by the department.
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17(2) General. The operator shall, at least monthly, visually inspect all of the
18following and record observations in a mining waste site operating log:
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(a) The active portions of the mining waste site for possible damage or
20structural weakening.
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(b) Mining waste handling and monitoring equipment and readings, to ensure
22normal operation and measurements.
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(c) Fences or barriers around the mining waste site, for possible damage.
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(d) The buffer area around the mining waste site, for possible environmental
25damage related to its operation.
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1(3) Active dams. The operator shall, at least monthly, inspect active dams and
2record the findings in the mining waste site operating log. The operator shall record
3at least all of the following findings:
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(a) Condition of vegetation on the dam and within 50 feet from the outside base.
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(b) Piezometric levels within the mass of the dam.
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(c) Condition of soil surfaces on the top and slopes of the dam and within 50 feet
7from the outside base.
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(d) Condition of drainage ditches near the base of the dam.
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(e) Liquid surface level and amount of freeboard.
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(f) Condition of spillways, conduits, and water level control structures.
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11(4) Inactive dams. The operator shall inspect inactive dams quarterly and
12record the findings in the mining waste site operating log. The operator shall record
13at least all of the following findings:
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(a) Condition of soil surfaces on the top and slopes of the dam and within 50 feet
15from the outside base.
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(b) Piezometric levels within the mass of the dam if that instrumentation has
17been determined to be necessary or is required in the long-term care provisions of
18the mining waste site feasibility study and plan of operation.
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(c) Condition of spillways, conduits, and water level control structures.
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20(5) Defective conditions of dams posing risk of adverse impact. When a
21defective condition that poses a significant risk of adverse impact to the environment
22is found during an inspection of a dam, the operator shall ensure that it is recorded
23and corrected at the earliest practicable time. At the earliest practicable time, the
24operator shall make a written report to the department of the condition and the
25actions proposed and taken for its correction. Within 5 business days of receipt of a
1written report, the department may confirm the correction of the condition and
2specify any necessary additional corrective action. An operator shall consider any
3of the following items as indicating a condition that requires prompt investigation
4and that may require corrective action:
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(a) Seepage on the outer face of the dam accompanied by boils, sand cones, or
6deltas.
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(b) Silt accumulations, boils, deltas, or cones in the drainage ditches at the base
8of the dam.
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(c) Cracking of soil surface on the top or either face of the dam.
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(d) Bulging of the outside face of the dam.
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(e) Seepage, damp areas, or boils in the vicinity of, or erosion around, a conduit
12through the dam.
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(f) Any shrinkage of the top or faces of the dam.
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14(6) Potential defects of dams. All of the following conditions indicate
15potential defects and the operator shall closely check them on subsequent
16inspections for an active dam and conduct an intermediate inspection if they exist
17for an inactive dam:
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(a) Patches of overgrown vegetation on the outside face or close to the base of
19the dam.
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(b) Surface erosion, gullying, or wave erosion on the inside of the dam.
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(c) Surface erosion, gullying, or damp areas on the outside of the dam, including
22the berm and the area within 50 feet from the outside base.
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(d) Erosion below any conduit.
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(e) Wet areas or soggy soil on the outside of, or in natural soil below, the dam.
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1(7) Record keeping related to dams. (a) The operator shall retain all records
2relating to dam monitoring, analytical, and verification activities and data,
3including all original strip chart recordings and instrumentation, calibration, and
4maintenance records, until termination of operator responsibility, except to the
5extent that copies of those records have previously been provided to the department.
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(b) The operator shall maintain in a permanent file all of the following
7construction records pertaining to any dam in case they are needed for future
8reference:
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1. Aerial photos of the construction site before construction.
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2. Construction drawings and modifications of the drawings.
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3. Construction specifications and modifications of the specifications.
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4. Results of all soil tests on foundations and fill materials.
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5. Logs of borings and engineering geology reports.
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6. Copies of construction progress inspections pertinent to core trench, toe
15drain, internal drains, and other significant phases of the structure including, at the
16option of the operator, photographs of various structural items.
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7. Aerial photos of the entire dam taken within 90 days after all construction
18is completed.
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8. A description of and justification for all deviations or variances from the
20construction plans and specifications.
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21(8) Responses to unplanned events. If a mining waste site has an accidental
22or emergency discharge, a fire, an explosion, or other unplanned or unpredicted
23event that is likely to damage human health or the environment, the operator shall
24follow the procedures set forth in the contingency plan under s. 295.51 (6) (f) and
1shall report the incident to the department and to county, town, and tribal
2governmental agencies immediately after the operator has discovered the event.
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3(9) Annual report. The operator shall submit to the department an annual
4summary report concerning the mining waste site containing all of the following:
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(a) Statistical summaries of annual and cumulative data.
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(b) A comparison of the summaries under par. (a) to mining waste
7characterization, leachate characterizations, effluent predictions, and baseline
8water quality and background water quality data as contained in the approved
9mining waste site feasibility study and plan of operation.
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(c) The results of verification procedures and a presentation of the error
11associated with each parameter reported.
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(d) Information from monitoring wells that have not been affected, including
13a discussion of whether the baseline values should be modified due to natural
14variability and what the new values should be.
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15(10) Applicability. This section does not apply to a surface mine that is
16backfilled with mining waste.
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17295.64 Mining site monitoring; general.
(1) General. The department,
18as a condition of a mining permit, shall require the operator to perform adequate
19monitoring of environmental changes during the course of the mining and for the
20additional period of time that is necessary to satisfactorily complete reclamation and
21completely release the operator from any bonds or other security required. The
22department may monitor environmental changes concurrently with the operator
23and for an additional period after the security is released.
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24(2) Analyses. (a) The department shall review baseline water quality data
25with respect to groundwater and monitoring data associated with the mine, mining
1waste sites, and sites for the disposal of wastes that are not mining wastes at the time
2of each review of the mining permit or reclamation plan under s. 295.63 (3) and when
3the operator requests a modification of the mining permit or reclamation plan.
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(b) An operator shall have bacteriological analyses of water samples and all
5radiological analyses associated with the mining site performed by the state
6laboratory of hygiene or at a laboratory certified or approved by the department of
7health services. An operator shall have other laboratory tests the results of which
8are submitted to the department under this subchapter performed by a laboratory
9certified or registered under s. 299.11, except that this requirement does not apply
10to any of the following:
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1. Physical testing of soil.
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2. Air quality tests.
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3. Tests for hydrogen ion concentration (pH).
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4. Tests for chlorine residual.
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5. Tests for temperature.
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16295.643 Mining waste site monitoring.
(1) General. The department may
17require the monitoring of groundwater, surface water, leachate, or other physical
18features associated with a mining waste site.
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19(2) Physical features. The department may require the monitoring of air
20quality, berms, embankments, vegetation growth, and drainage control structures
21associated with the mining waste site. The department may require monitoring of
22other chemical or biological conditions, if the department determines that the
23monitoring is necessary to assess the impact of the mining waste site on critical
24aquatic and terrestrial ecosystems.
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1(3) Monitoring wells and other devices. (a) The department shall require
2the installation of groundwater monitoring wells at a mining waste site. The
3department may require installation of leachate monitoring wells, lysimeters,
4moisture probes, and similar devices and associated water quality sampling and
5analysis programs to detect the effects of leachate on groundwater.
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(b) The department shall determine the required number of groundwater
7monitoring wells based on the size of the mining waste site, the design of the mining
8waste site, the types of mining waste, and the hydrologic and geologic setting of the
9mining waste site. The department shall ensure that the number of wells is adequate
10to yield samples representative of the groundwater quality both up gradient and
11down gradient of the mining waste site.
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(c) An operator shall construct all monitoring wells in accordance with ch. NR
13141, Wis. Adm. Code, and in such a manner as to prevent, to the extent practicable,
14the exchange of water between aquifers.
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15(4) Destruction of monitoring devices. (a) If for any reason a monitoring well
16or other monitoring device associated with a mining waste site is destroyed or
17otherwise fails to function properly, the operator shall notify the department in
18writing within 5 days of discovering the destruction or malfunction.
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(b) The operator shall either restore the monitoring well or other device or
20properly abandon it and replace it with a functioning device within 60 days of
21notifying the department under par. (a) unless the department notifies the operator
22otherwise in writing within 30 days of receiving notice from the operator.
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23(5) Sampling other wells. The department may require an operator to sample
24public or private wells as part of a regular monitoring program or to determine the
25extent of groundwater contamination associated with a mining waste site. If the
1owner of a well does not authorize access for sampling, the operator shall promptly
2notify the department.
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3(6) Required monitoring and analysis. (a) An operator shall monitor
4groundwater at locations identified in the waste site feasibility study and plan of
5operation on a quarterly basis, during March, June, September, and December,
6unless the department agrees to an alternate schedule. The department may base
7an alternate schedule on the hydrogeologic system's characteristics, such as flow
8velocity and stratigraphy, and on fluctuations in quality as determined through
9background water quality or baseline water quality sampling and mining waste
10type. The operator shall analyze for the parameters listed in the approved waste site
11feasibility study and plan of operation.
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(b) An operator shall use the methods for groundwater and surface water
13sample collection, preservation, and analysis that are specified in the approved
14mining waste site facility study and plan of operation.
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15(7) Water elevation measurements. The operator shall make water elevation
16measurements on a quarterly basis.
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17(8) Operations report. The department may require an operator to submit an
18operations report to assess the effectiveness and environmental acceptability of
19mining waste site operations. The operator may include in the report a discussion
20of confinement of the active fill area and an analysis of leachate and other
21monitoring, surface water control and erosion control, revegetation, settlement,
22volume of the mining waste site utilized, leachate quantity and quality, slope
23stability, equipment performance, volume and type of waste disposed of, and other
24relevant parameters.
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1(9) Reports of monitoring data. The operator shall forward to the department,
2within 60 days after sampling, 3 copies of the monitoring data required by this
3section to be collected during each quarter.
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4295.645 Groundwater quality, monitoring, and response. (1) 5Definitions. In this section: