Section NR 131.111 - Minimum design and operation An operator shall construct, establish, operate and maintain a prospecting site in conformance with the conditions attached to the prospecting permit, and all of the following requirements:
(1) An operator shall construct a prospecting site to meet all of the following requirements: (a) Place site elements where least observable from off the premises in any season.(b) Place site elements within the area of the overall site that is most visually compatible in respect to building shape.(c) Paint and maintain buildings and other structures in a manner that is visually compatible with the surrounding vegetational and earth conditions. If a building or other structure cannot be painted and maintained in a manner that is visually compatible or if painting and maintaining a building or other structure in a manner that is visually compatible would cause safety concerns, the building or structure shall be made as visually inconspicuous as is practicable.(2) An operator shall implement effective means, consistent with applicable state and federal safety-related regulations, to limit access to the site to minimize exposure of the public to hazards.(3) An operator shall handle and store flammable, combustible, or hazardous liquids, including fuel and oil products, on the prospecting site in compliance with applicable state and federal regulations including ch. ATCP 93 and federal spill prevention control and countermeasure regulations in 40 CFR part 112.(4) An operator shall make reasonable effort to reduce and control the production of contaminated water.(5) An operator shall collect, store, recycle or treat contaminated water, including liquid effluents, from whatever source associated with the project to ensure compliance with applicable water quality standards.(6) An operator shall collect and treat contaminated nonpoint source runoff from disturbed areas within the prospecting site in a manner that facilitates monitoring, maximum practicable recycling reuse, and consumption within the prospecting operation. Nonpoint sources of water pollution shall be minimized. Point source discharges of pollutants from storm water and wastewater shall be regulated pursuant to ch. 283, Stats.(7) An operator shall make provisions for critical back-up equipment in the event of operation equipment breakdown.(8) An operator shall include design and operation specifications for prospecting site facilities that include contingencies for emergency conditions. Such contingencies may include emergency power supplies, equipment redundancies, or temporary holding facilities.(9) An operator shall design, construct, maintain, operate and reclaim any prospecting site permitted under this chapter to protect groundwater quality and quantity in accordance with the requirements of ch. NR 182 and ss. 293.37(5), 293.65, and 293.66, Stats.(10) An operator may not use waste containing potentially harmful concentrations of acid generating material for purposes such as construction fill material for surface facilities or the construction of parking lots or roads at a permitted prospecting site.(11) An operator shall design prospecting site facilities to minimize surface area disturbance unless an alternate prospecting site design results in less overall environmental impact.(12) An operator shall utilize, where practicable, elevation differences in water-based transport systems for gravity flows to minimize pumping facilities and pressures.(13) An operator shall employ best management practices to control the spread of invasive species on the mining site during construction, operation and reclamation of project facilities.Wis. Admin. Code Department of Natural Resources NR 131.111
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1/1/2022