Section NR 182.107 - Groundwater standards and evaluation(1) GROUNDWATER QUALITY. (a)Applicability. Notwithstanding the applicability provisions of s. NR 140.03, under the authority of ss. 293.15(11) and 293.66, Stats., mining waste facilities regulated under this chapter and other facilities situated on a prospecting site regulated under ch. NR 131 or a mining site regulated under ch. NR 132, shall comply with the groundwater quality standards specified in ch. NR 140 as implemented in this section.(b)Design management zones.1. The horizontal distance to the boundary of the design management zone for mining waste facilities regulated under this chapter shall be 1,200 feet from the limits of filling, unless reduced under s. NR 140.22(3), or at the boundary of property owned or leased by the applicant, whichever distance is less.2. The horizontal distance to the boundary of the design management zone for a surface mine or surface prospecting excavation shall be 1,200 feet from the edge of the mine or prospecting excavation, unless reduced under s. NR 140.22(3), or at the boundary of property owned or leased by the applicant, whichever distance is less.3. The horizontal distance to the boundary of the design management zone for an underground mine or prospecting excavation shall be 1,200 feet from the maximum outer edge of the underground prospecting or mine workings adjacent to the ore body as projected to the land surface, unless reduced pursuant to s. NR 140.22(3), or at the boundary of property owned or leased by the applicant, whichever distance is less.4. The horizontal distance to the boundary of the design management zone for facilities, other than the prospecting excavation, mine, and mining waste facility, situated on a prospecting site regulated under ch. NR 131 or a mining site regulated under ch. NR 132, shall be as specified in Table 4 of ch. NR 140, if listed, or 150 feet from the edge of the facility, unless expanded or reduced under s. NR 140.22(3), or at the boundary of property owned or leased by the applicant, whichever distance is less.(c)Depth of useable groundwater.1. For facilities located on a mining or prospecting site or any activity that will take place under a mining or prospecting permit or under another approval related to a mining or prospecting operation, the department shall determine the depth of useable groundwater.2. For an activity regulated under a mining or prospecting permit or another approval related to the mining or prospecting operation, the department may not apply a groundwater enforcement standard at any point that is deeper than the depth of useable groundwater.(d)Mandatory intervention boundary. The horizontal distance to the mandatory intervention boundary for a mining waste facility or a surface or underground mine or prospecting excavation shall be 150 feet from the limits of filling, the outer edge of the mine or prospecting excavation, or the outer edge of the underground workings as projected vertically to the land surface, unless the boundary of the design management zone is within 300 feet of the outer waste boundary, mine, prospecting excavation, or underground prospecting, or mine workings. In no case may the mandatory intervention boundary extend more than one half the distance from the limits of filling, mine, prospecting excavation, or underground prospecting or mine workings to the boundary of the design management zone. The mandatory intervention boundary shall apply as provided in subs. (1s) and (1u).(1p) SUBSTANCES WITHOUT A STANDARD UNDER CH. NR 140. For any substance for which there is not an enforcement standard and preventive action limit in ch. NR 140, the waste site, mine and other facilities on a mining site may not cause concentrations that have a substantial deleterious impact on a current beneficial use or a significant future beneficial use of groundwater, such as drinking, irrigation, aquaculture, maintenance of livestock, or maintenance of aquatic and terrestrial ecosystems, as designated by the department.(1s) CONTINGENCY PLAN. (a) As part of its plan of operation approval issued under s. NR 182.109(3) (b), the department shall determine the adequacy of the contingency plan submitted by the applicant under s. NR 182.109(2) (d) that specifies the action that will be taken if an analysis of groundwater samples requires a response under ss. NR 140.24 to 140.27 and this section. The contingency plan shall provide that the response protocol includes a comparison of the observed sampling results to the results of the original predictive modeling, completed as part of the feasibility report and mine permitting and environmental review processes, and updated predictive modeling completed subsequent to the start of operation. If the comparison indicates that the observed sampling results are consistent with the design and expected performance of the facility, and the sampling results indicate that an enforcement standard or a preventive action limit has not been exceeded within the depth of useable groundwater and beyond the mandatory intervention boundary, the operator may recommend a no response action in accordance with s. NR 140.24.(b) If the analyses of groundwater samples collected as part of the operational groundwater monitoring program indicate that the quality of the groundwater is statistically significantly different from either baseline or background, the owner shall do all of the following: 1. Notify the department immediately.2. Determine, if possible, the cause of the difference in quality, such as the result of a spill, a design failure, or an improper operation procedure.3. Determine the extent of groundwater contamination or the potential for groundwater contamination.4. Implement the applicable portion of the contingency plan and notify the department promptly of any additional remedial steps being taken.(c)1. If a preventive action limit or an enforcement standard has been exceeded within the depth of useable groundwater and beyond the mandatory intervention boundary, the department shall require a response in accordance with s. NR 140.24, but may not approve a no action response under s. NR 140.24(5).2. If a response under s. NR 140.24(5) has previously been taken, and if subsequent monitoring results are consistent with updated predictive modeling projections and indicate that the groundwater standards will not be attained or exceeded within the depth of useable groundwater and at the design management zone, the department may determine that a no additional response is necessary.3. Notwithstanding the provisions of s. NR 182.119, an exemption under s. NR 182.119 may not be granted to subd. 1.(1u) MONITORING AND INTERVENTION. (a) The department shall apply all of the following requirements, in conjunction with the requirements of ss. NR 132.117 and 182.113:1. The operator of a prospecting or mining site shall monitor groundwater quality at locations approved by the department along the mandatory intervention boundary and the boundary of the design management zone for the mining waste site and other facilities specified by the department.2. The operator of a prospecting or mining site shall monitor groundwater quality at locations approved by the department within the mandatory intervention boundary and the design management zone for the mining waste site and other facilities specified by the department.3. The department shall require intervention by the operator in accordance with the provisions of the contingency plan, submitted as part of the plan of operation under s. NR 182.109, when analyses of samples from monitoring points within the design management zone or within the mandatory intervention boundary show a reasonable probability that, without intervention, there may be a violation of the established groundwater quality standards at the boundary of the design management zone. The department shall use the results of the predictive modeling submitted by the applicant as part of the feasibility report, mining permit application, environmental impact report, and other information available to the department to determine criteria of "reasonable probability."4. The department may specify additional monitoring locations and tests needed to support a comparative analysis of the observed groundwater quality and the predicted impacts to groundwater quality documented in the feasibility report, mining permit application, environmental impact report and wastewater engineering report.5. An operator shall monitor groundwater at locations approved by the department in the vicinity of the prospecting or mining site on a monthly basis for at least 12 consecutive months during the initial site preparation and construction phase at the mining waste site and prospecting or mining site to further characterize baseline water quality prior to operation. An operator shall include, in the parameters analyzed, those substances specified by the department for monitoring, indicator parameters as specified by the department, parameters identified as important based on characteristics of the mining wastes, and any other parameters deemed appropriate by the department for the specific conditions of the site.6. An operator shall conduct monitoring of groundwater quality within aquifers potentially affected by the prospecting or mining activity at locations which are not expected to be affected by the prospecting or mining operation or the mining waste facility.(b) In addition to the requirements under par. (a), the department shall specify the parameters for groundwater analysis and may include those considered indicator parameters and those important parameters identified from the waste characterization studies that may be appropriate under the specific conditions. (1x) NON-COMPLIANCE WITH GROUNDWATER STANDARDS. If the department has reason to believe that a site is not in compliance with the requirements of this section, or if the department projects with reasonable probability that a site will not achieve such compliance at the boundary of the design management zone and within the depth of useable groundwater, it shall require the operator to take appropriate intervention measures specified in the contingency plan submitted under s. NR 182.109, and may take additional actions including those prescribed in s. NR 140.26.(2) GROUNDWATER QUANTITY. (a) The department shall evaluate proposed mining waste facilities to determine whether construction, operation, and closure of the facility will result in the unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state. The department may not approve any mining waste facility if the facility is likely to result in unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state.(b) If the department finds that the proposed waste site will result in the unreasonable detriment of public or private water supplies or the unreasonable detriment of public rights in the waters of the state, the department shall either deny necessary approvals or the operating license for the facility or impose conditions on the necessary approvals and operating license in a manner consistent with s. 293.65(3) (b), Stats.Wis. Admin. Code Department of Natural Resources NR 182.107
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22: renumbering of (1x) (a) to (1x) made under s. 13.92(4) (b) 1, Stats., Register December 2021 No. 792, eff. 1/1/2022