Wis. Admin. Code Department of Natural Resources NR 182.114

Current through August 26, 2024
Section NR 182.114 - Recordkeeping and reporting
(1) OPERATING LOG.
(a) The owner of a mine waste disposal site or facility shall keep an operating log. This log shall, at all reasonable times, be open for inspection by any authorized department employee.
(b) The owner shall promptly record all of the following information, as it becomes available, in the operating log under par. (a) and maintain the log until closure of the facility unless, otherwise provided by the department:
1. A record of each waste type disposed of or stored on a weekly basis at the waste site or facility that includes all of the following:
a. A description of the type of each mining waste.
b. The quantity in units of volume or weight of each waste type disposed of or stored on the site and the method of treatment, disposal, or storage used for each.
c. Locations, with respect to permanently surveyed benchmarks, where each waste type is disposed of or stored.
d. The waste characterization and analyses, as specified under this chapter and the approval of the plan of operation.
2. The monitoring data required under this chapter.
3. The summary reports and records of all incidents requiring initiation of a contingency plan as specified under this chapter or resulting in human health or environmental damage.
4. The records or results of visual inspections required under this chapter.
(c) The owner of a mine waste facility shall retain all records of monitoring, analytical, and quality assurance activities and data collection, including raw data, and instrumentation, calibration, and maintenance records until termination of owner responsibility, except to the extent that copies of such records have previously been provided to the department.
(d) The owner of a dam shall maintain, in a permanent file, all of the following construction records pertaining to the dam for future reference should they be needed:
1. Aerial photos of the construction site before construction.
2. Construction drawings and modifications necessary during construction.
3. Construction specifications and modifications.
4. Results of all soil tests on foundations and fill materials.
5. Logs of borings and engineering geology reports.
6. Copies of construction progress inspections pertinent to core trench, toe drain, internal drains, and other significant phases of the structure including, at the option of the owner photographs of various structural items.
7. Aerial stereo photos, or similar documentation using alternative technology, of the entire dam taken within 90 days after all construction is completed.
8. A description of and justification for all deviations or variances from the construction plans and specifications.
(2) INCIDENTS REPORT.
(a) The owner of a mine waste disposal site or facility shall comply with the requirements under these rules in reporting incidents such as fires, explosions, discharges, or releases of materials into the environment. In the event that a facility has an accidental or emergency discharge, a fire, an explosion, or other unplanned or unpredicted event that has the potential for damaging human health or the environment or exceeds any limit, the operator shall follow the procedures set forth in the contingency plan and shall report such incidents to the department, county, towns, and tribal government officials identified in the plan immediately after the operator has discovered the event.
(b) The operator shall report to the department by telephone, or other communication method specified by the department, any condition listed under s. NR 182.112(6) and par. (a) at the earliest practicable time. A written report of the reported condition shall be submitted within 5 days. 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 business hours.
(c) The owner shall turn over to the department duplicate copies of all records required under sub. (1) (b), (c), and (d) upon closure of the facility, except to the extent that copies of such records have previously been provided to the department.
(d) The owner of a mine waste disposal site or facility shall forward to the department at the end of each reporting quarter the monitoring data developed pursuant to the requirements of this chapter during the reporting quarter. A printed copy of the monitoring data shall be submitted in addition to an electronic version of the data in a format specified by the department.
(e) The owner of a mine waste disposal site or facility shall submit an annual summary report containing statistical summaries of annual and cumulative project data including monitoring data and volumes of waste disposed or stored at the facility. The monitoring data summaries shall include comparisons to waste and leachate characterizations, geochemical modeling, effluent predictions, and baseline and background water quality data as contained in the feasibility report or plan of operation. The report shall also include the results of quality assurance and quality control procedures and present the error associated with each parameter presented. Information from unimpacted control stations should include a discussion on whether the baseline values should be modified due to natural variability and what the new values would be. At a frequency determined by the department, the report shall periodically include updated results of predictive groundwater modeling by incorporating currently available data into the original predictive model, submitted as part of the feasibility report.
(f) The owner of a mine waste disposal site or facility shall notify the department prior to cessation of disposal operations or prior to final facility closure as specified under this chapter.
(3) OPERATIONS REPORT. The department may require the owner or operator of any land disposal site or facility, or any person who permits the use of property for such purpose, to submit an operations report to assess the effectiveness and environmental acceptability of site operations. The contents of the report may include any of the following:
(a) A discussion of confinement of the active area.
(b) An analysis of leachate and pore water chemistry and comparisons to geochemical modeling results generated during the permitting process.
(c) An updated geochemical analysis.
(d) An analysis of groundwater monitoring results and comparison to results from predictive modeling completed as part of the feasibility report.
(e) Other monitoring, surface water control and erosion control, revegetation, settlement, volume utilized, leachate quantity and quality, slope stability, equipment performance, volume and type of disposed waste, and other relevant mine parameters.

Wis. Admin. Code Department of Natural Resources NR 182.114

Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1/1/2022