Section NR 182.112 - Inspections(1) Subject to applicable state and federal safety rules or regulations, personnel or agents of the department may accompany employees of the owner on any routine inspection required by this chapter, or may conduct inspections of their own at any other time that is reasonable under the circumstances involved. Department personnel or agents may conduct inspection of proposed mining waste facilities, mine waste facilities that are under construction, and mining waste facilities that have been licensed under this chapter, including closed facilities. Personnel or agents of the department may also examine any routine inspection reports and shall be furnished copies thereof upon request.(2) Except as provided in subs. (4) and (5), a qualified representative of the owner of a mining waste facility licensed under this chapter shall, at least weekly, visually inspect all of the following:(a) The active sites or facilities, including dams, for possible damage or structural weakening.(b) The waste handling and monitoring equipment and readings to ensure normal operation and measurements.(c) The fences or barriers for possible damage.(d) The buffer area around the facility for possible environmental damage related to its operation.(3) A qualified representative of the owner shall record the observations made in each visual inspection under sub. (2) in the facility's operating log as set forth in these rules.(4) A qualified representative of the owner shall inspect active dam sites monthly. The findings on each inspection shall be recorded and filed with the department. The monthly the inspection report shall include all of the following:(a) Condition of vegetation on the dam and within 50 feet from the outside base of the dam.(b) Piezometric levels within the mass of the dam.(c) Condition of soil surfaces on the top and slopes of the dam and within 50 feet from the outside base of the dam.(d) Condition of drainage ditches near the base of the dam.(e) Liquid surface level and amount of freeboard.(f) Condition of spillways, conduits, and water level control structures.(5) A qualified representative of the owner shall inspect inactive dams quarterly. The findings on each inspection shall be recorded and filed with the department. The quarterly inspection report shall include all of the following:(a) Condition of soil surfaces on the crest, slopes, and within 50 feet from the outside base of the dam.(b) Determination of piezometric levels within the mass of the dam where such instrumentation has been determined to be necessary or required in the long-term care section of the plan of operation.(c) Condition of spillways, conduits, and water level control structures.(6) When a potentially defective condition is found in a dam during an inspection under sub. (4) or (5), the owner shall ensure that it is recorded and corrected at the earliest practicable time in a manner consistent with the contingency plan, if applicable. A report of the condition shall be made to the department within 24 hours after completion of the inspection and the actions proposed and taken by the owner for its correction shall be made to the department at the earliest practicable time. 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 working hours. The department may confirm correction of the condition and specify any necessary additional corrective action. The department shall consider any of the following as indicating a condition that requires prompt investigation and may require corrective action: (a) Seepage on the outer face of the dam accompanied by boils, sand cones or, deltas.(b) Silt accumulations, boils, deltas, or cones in the drainage ditches at the base of the dam.(c) Cracking of soil surface on crest or either face of the dam.(d) Bulging of the outside face of the dam.(e) Seepage, damp areas, or boils in the vicinity of or erosion around a conduit through the dam.(f) Any shrinkage of the crest or faces of the dam.(7) Any of the following conditions found in a dam during an inspection under sub. (4) or (5) indicate potential defects and shall be closely checked on subsequent inspections for an active dam and shall necessitate an intermediate inspection of an inactive dam: (a) Patches of overgrowth vegetation on the outside face or close to the base of the dam.(b) Surface erosion, gullying, or wave erosion on the inside of the dam.(c) Surface erosion, gullying, or damp areas on the outside of the dam, including the berm and the area within 50 feet from the outside base of the dam.(d) Erosion below any conduit.(e) Wet areas or soggy soil on the outside or in natural soil below the dam.Wis. Admin. Code Department of Natural Resources NR 182.112
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (1) made under s. 13.92(4) (b) 3, Stats., Register December 2021 No. 792, eff. 1/1/2022