Section NR 182.113 - Monitoring(1) GENERAL. The department shall require the owner or operator of any nonferrous mining waste disposal site or facility, or any person who permits the use of property for such purposes, to conduct monitoring of groundwater, leachate, surface water, or other physical features located at the site or facility. The department may conduct its own monitoring or retain an independent contractor, at the expense of the owner or operator of any mining waste disposal site or facility or any person who permits the use of property for such purposes, to monitor groundwater, leachate, surface water, or other physical features located at the site or facility. Monitoring of the mining waste facility shall be in accordance with the monitoring plan required under ss. NR 132.107(4) (c) and 132.117.(2) GROUNDWATER AND LEACHATE MONITORING. (a) The department shall require adequate monitoring to detect the effects of leachate on groundwater located at the disposal site or facility. The department may require the installation of groundwater monitoring wells and may require installation of leachate monitoring wells, lysimeters, moisture probes, and similar devices, and associated water quality sampling programs.(b) The department shall determine the number and location of required wells required under par. (a) based on the site size, waste types, site design, and the hydrogeologic and geologic setting of the site. The number shall be adequate to yield samples representative of the groundwater quality both up and down gradient from the disposal site or facility.(c) The owner shall construct all monitoring wells in compliance with the requirements of ch. NR 141 and in such a manner as to prevent surface water from entering the well bore and inter-aquifer water exchange.(d) The owner shall submit the results of all water elevation measurement and water quality sampling to the department within 60 days of the end of the sampling period. The owner shall submit an explanation of any deviation from the approved sampling plan or analytical procedures at the same time. The owner shall submit data in the format specified by the department.(e) The owner shall conduct groundwater sampling quarterly, during the months of March, June, September, and December, unless an alternate schedule is specified by the department. An alternate schedule may be based on the hydrogeologic system's characteristics such as flow velocity, stratigraphy, and other factors and fluctuations in quality, as defined by background or baseline sampling and waste type.(f)1. The owner shall base sampling parameters on the results of the waste characterization and specified in the approved plan of operation. The quarterly analysis shall include parameters listed in subd. 2., with a comprehensive analysis, described in subd. 3., completed once each year, during the summer or fall sampling period.2. At a minimum, all of the following parameters shall be measured on each sampling date: b. Field specific conductivity, micro-mhos/cm at 25° C.d. Concentration of total dissolved solids, mg/liter.e. The concentrations of the principal contaminant constituents, or indicators thereof, found in the largest quantity in the waste disposed of or stored in the site or facility. Toxicity of contaminants should be considered when parameters are selected.3. A comprehensive analysis shall quantify all of the following:a. The characteristics listed in subd. 2.b. The concentrations of other contaminants specified by the department that would reasonably be expected to occur in leachate from the waste disposed of or stored in the site or facility.(g) Groundwater, lysimeter, and leachate samples shall be handled and analyzed in accordance with the requirements of methods listed in, "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW 846, third edition, November 1986, as amended by Updates I in July 1992, II in September 1994, IIA in August 1993, IIB in January 1995, III in December 1996 and IIIA in April 1998, which are incorporated by reference. Note: The test methods are available at no cost at https://www.epa.gov/hw-sw846/basic-information-about-how-use-sw-846#UseWhich. Copies of the test methods are available for inspection at the offices of the department of natural resources and the legislative reference bureau. Copies may be obtained from the superintendent of documents, U.S. government printing office, P.O. Box 371954, Pittsburgh, PA 15250-7954, (866) 512-1800, www.gpo.gov. Copies may also be obtained from the national technical information service, U.S. department of commerce, 5285 Port Royal Road, Springfield, VA 22161, (800) 553-6847, www.ntis.gov.
(h) All chemical analyses under this subsection shall be conducted by a laboratory certified under s. 299.11, Stats., and ch. NR 149 for that test category. The limit of detection and the limit of quantitation shall be determined according to s. NR 149.48(2). The analytical laboratory shall meet the requirements of the analytical method and ch. NR 149. Section NR 140.16(4) applies to analytical results that do not meet the requirements of this subsection.(i) If for any reason a monitoring well or other monitoring device is destroyed or otherwise fails to properly function, the site operator shall immediately notify the department in writing. The owner shall restore or properly abandon and replace with a functioning device all such devices within 60 days of notification of the department unless the owner is notified otherwise in writing by the department.(j) The department may require the operator to sample, contract for third-party sampling, or provide cost reimbursement to well owners for sampling public or private wells as part of a regular monitoring program or to determine the extent of groundwater contamination.(k) No person may begin construction of a nonferrous mining waste disposal site or facility until baseline groundwater quality in accordance with the parameters under par. (f) 2. have been determined and results of such analyses submitted to the department.(3) SURFACE WATER. The department may require the operator to monitor surface water runoff, leachate seeps, sedimentation ponds, and other surface water discharges resulting from site operation and of surface waters that may be affected by such discharges.(4) MONITORING PHYSICAL FEATURES. The department may require the operator to monitor air quality, waste facility settlement, berm or embankment stability, vegetation growth, and drainage control structures, and may require the operator to monitor other chemical, physical, or biological conditions, if determined to be necessary to assess the impact of the disposal site on critical aquatic and terrestrial ecosystems.(5) REQUIREMENTS FOR CERTIFIED OR REGISTERED LABORATORY. The state laboratory of hygiene or at a laboratory approved or certified by the department of agriculture, trade and consumer protection shall analyze microbiological and radiological samples. Other laboratory test results submitted to the department under this chapter shall be performed by a laboratory certified or registered under ch. NR 149. All of the following tests are excluded from the requirements under this subsection:(a) Geotechnical and biological tests of soils.(e) Waste material and ore testing.(f) Precipitation chemistry tests.(g) Leachate-liner compatibility testing.Wis. Admin. Code Department of Natural Resources NR 182.113
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (2) (k) made under s. 13.92(4) (b) 7, Stats., Register December 2021 No. 792, eff. 1/1/2022