Section NR 132.111 - Minimum design and operation An operator shall construct, establish, operate, and maintain a mining site in conformance with the requirements of this chapter, conditions attached to the mining permit, and all of the following requirements:
(1) An operator shall construct a mining 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 use mine-mill chemicals and reagents on the mining site and handle materials containing residual amounts of reagents in accordance with all of the following requirements:(a) An operator may not use reagents on the mining site in a manner that will result in any substantial harm to public health and safety or result in significant environmental pollution.(b) An operator shall provide adequate treatment of any discharge to waters of the state that contains reagents or residuals of reagents, as required under chs. 281 and 283, Stats., and rules promulgated under those sections.(c) An operator shall not use or store reagents on the mining site if they are not approved in the plan of operation under s. NR 182.109 or the mining plan under s. NR 132.108, except for reagents for laboratory, testing, research, or experimental purposes.(d) An operator shall handle and store reagents and other chemicals used in the mining and milling processes on the mining site in compliance with all applicable state and federal regulations.(4) An operator shall handle and store flammable, combustible, or hazardous liquids, including fuel and oil products, on the mining 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.(5) Reasonable effort shall be made to reduce and control the production of contaminated water.(6) Contaminated water, including liquid effluents, from whatever source associated with the project should be collected, stored, recycled or treated to ensure compliance with applicable water quality standards.(7) An operator shall collect and treat contaminated nonpoint source runoff from disturbed areas within the mining site in a manner that facilitates monitoring, maximum practicable recycling, reuse, and consumption within the mining operation. An operator shall minimize nonpoint sources of water pollution. The department shall regulate discharges of pollutants from storm water and wastewater pursuant to ch. 283, Stats.(8) An operator shall make provisions for critical back-up equipment in the event of operation equipment breakdown.(9) An operator shall include contingencies for emergency conditions in design and operation specifications for mining site facilities. Such contingencies may include emergency power supplies, equipment redundancies, or temporary holding facilities.(10) An operator shall design, construct, maintain, operate, and reclaim any mining 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.(11) 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 mining site.(12) An operator shall design mining site facilities to minimize surface area disturbance unless an alternate mining site design results in less overall environmental impact.(13) An operator shall utilize, where practicable, elevation differences in water-based transport systems for gravity flows to minimize pumping facilities and pressures.(14) An operator shall design tailings transport pipelines in accordance with all of the following criteria: (a) Design tailings pipelines, if not buried, to provide for emergency tailings conveyance or storage should a pipeline break, plug, freeze, or require repairs and make accessible for inspection, emergency repair, and maintenance.(b) Provide adequately sized emergency spill areas near the tailings pipeline in case of power or pipeline failure. The location of emergency spill areas shall be consistent with the prevention of environmental pollution of surface waters and with the requirements of this chapter unless subject to an exemption under s. NR 132.112. In some cases, as determined by the department, such as a long pipeline over rough country, more than one spill area may be necessary.(c) Tailings pipelines shall be self-draining to the tailings area or to an emergency spill area, or both, and provisions shall be made for availability and use of standby pumps, pipelines, and power supplies.(d) Tailings pipelines shall be as short as practicable and pipeline routes shall be selected that result in the least overall environmental impact and avoid crossing navigable waters and passing through wetlands whenever possible. If a route which crosses a navigable waterway or passes through a wetland is unavoidable or is the route that results in the least overall environmental impact, the pipeline shall be designed and constructed in compliance with all applicable rules of the department.(e) Tailings pipelines shall include flow monitoring and leak detection systems.(15) 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 132.111
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (4), (10) made under s. 35.17, Stats., Register December 2021 No. 792, eff. 1/1/2022