reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter V - Department Oversight and Assistance › Section NR 135.47 - Department audits

Current through June 24, 2024
(1) The department shall periodically review
				  the nonmetallic mining program of each regulatory authority to determine if the
				  program is being conducted in compliance with this chapter, and is effective
				  and consistent in ensuring operator compliance with the statewide uniform
				  reclamation standards contained in this chapter.
(2) The program review shall include a
				  performance audit and on-site inspections of mining operations within the
				  jurisdiction.
(3) During the
				  performance audit, the department may evaluate the regulatory authority with
				  respect to all of the following:
(a)
				  Compliance with the county or municipal regulatory authority's nonmetallic
				  mining reclamation ordinance and the standards in this chapter.
(b) The procedures employed by the regulatory
				  authority regarding reclamation plan review, and the issuance and modification
				  of permits.
(c) The methods for
				  review of annual reports received from operators.
(d) The method and effectiveness of fee
				  collection.
(e) Procedures to
				  accurately forward the department's portion of collected fees in a timely
				  fashion.
(f) Methods for conducting
				  on-site compliance inspections and attendant reports, records and enforcement
				  actions.
(g) Responses to citizen
				  complaints.
(h) The method of and
				  accuracy in determining the amount of the financial assurance obtained from the
				  operator to guarantee reclamation performance.
(i) The maintenance and availability of
				  records.
(j) The number and type of
				  approvals for alternative requirements issued pursuant to this
				  chapter.
(k) The method of
				  determining the success of reclamation in meeting the criteria contained in the
				  reclamation plan and subsequently releasing the financial assurance pursuant to
				  s.
				  NR
				  135.40(7).
(L) Any changes in local regulations,
				  ordinances, funding and staffing mechanisms or any other factor which might
				  affect the ability of the regulatory authority to implement its nonmetallic
				  mining reclamation program.
(m) The
				  amount of fees collected in comparison to the amount of money actually expended
				  for nonmetallic mining reclamation program administration.
(n) Any other performance criterion that the
				  department may deem necessary to ascertain compliance with this
				  chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter V - Department Oversight and Assistance › Section NR 135.48 - Noncompliance hearing

Current through June 24, 2024
If, as a result of adoption of an ordinance or an audit
					 pursuant to s.
					 NR 135.47, the
					 department determines that a regulatory authority is not in compliance with
					 this chapter and has not corrected deficiencies after written notice, the
					 department may schedule a hearing regarding whether the regulatory authority
					 shall continue administering its nonmetallic mining reclamation program. The
					 department shall provide 30 days' notice to the regulatory authority prior to
					 conducting the hearing. The hearing shall be held within the jurisdiction of
					 the regulatory authority. The department shall issue a written decision of its
					 conclusion as soon as practicable after the hearing.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter V - Department Oversight and Assistance › Section NR 135.49 - Municipal noncompliance, consequences

Current through June 24, 2024
(1) If, as a result
				  of a noncompliance hearing held pursuant to s.
				  NR 135.48,
				  the department issues a written decision finding a municipality is out of
				  compliance with this chapter, the municipality's authority to administer its
				  nonmetallic mining reclamation program shall be revoked. In this case, the
				  applicable reclamation ordinance of the county in which the municipality is
				  located shall apply in the municipality.
(2) A municipality whose authority has been
				  revoked may apply to the department to resume administration of its applicable
				  reclamation ordinance and nonmetallic mining reclamation program after 3 years
				  have elapsed since revocation. The department, after hearing, may approve the
				  municipality's request to resume administering its nonmetallic mining
				  reclamation program if it finds that the municipality demonstrates the capacity
				  to comply with this chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter V - Department Oversight and Assistance › Section NR 135.50 - County noncompliance, consequences

Current through June 24, 2024
(1) If as a result
				  of a noncompliance hearing held pursuant to s.
				  NR 135.48,
				  the department issues a written decision finding a county is out of compliance
				  with this chapter, the department shall, as soon as practicable after the
				  hearing, assume responsibility for the administration of the nonmetallic mining
				  reclamation ordinance and program in that county, including collection of fees
				  and review and approval of reclamation plans and permit applications.
(2) Municipalities that are approved to
				  administer an applicable reclamation ordinance and program may continue to do
				  so after the department begins to administer a nonmetallic mining program
				  pursuant to this section. However, no municipality may enact for the first time
				  an applicable reclamation ordinance during the time that the department
				  administers the program in the county in which the municipality is
				  located.
(3) The county found to be
				  in noncompliance may apply to the department, at any time to resume
				  administration of the nonmetallic mining reclamation program. The department,
				  after hearing, may approve the county's request to resume administering its
				  nonmetallic mining reclamation program if it finds that the county demonstrates
				  the capacity to comply with this chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter V - Department Oversight and Assistance › Section NR 135.51 - Nonmetallic mining advisory committee

Current through June 24, 2024
(1) The department
				  shall appoint a nonmetallic mining advisory committee to advise it on the
				  administration of this chapter and ch. 295, subch. I, Stats.
(2) The nonmetallic mining advisory committee
				  shall consist of 9 members appointed for terms not exceeding 3 years. Members
				  shall represent economic, scientific and cultural viewpoints and shall include
				  a representative from businesses that extract nonmetallic minerals, a
				  representative from a business that uses nonmetallic minerals for road building
				  and other purposes and a representative of an organization of persons who
				  administer county zoning ordinances. The nonmetallic mining advisory committee
				  shall meet at least annually.
(3)
				  The nonmetallic mining advisory committee shall be consulted before the
				  department may hold a hearing on revoking a nonmetallic mining reclamation
				  program pursuant to s.
				  NR
				  135.48.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter V - Department Oversight and Assistance › Section NR 135.52 - Department assistance

Current through June 24, 2024
(1) In order to assist regulatory authorities
				  in the development, implementation and administration of nonmetallic mining
				  reclamation programs, the department may provide training workshops, written
				  materials and technical assistance addressing how to establish and implement a
				  nonmetallic mining reclamation program. The department may make computer
				  software available to regulatory authorities to assist in record keeping and in
				  the generation of standard forms.
Note: Specific mine safety training for reclamation
					 inspectors may be made available through the department of safety and
					 professional services or the federal mine safety and health
					 administration.
(2) Any
				  party may request the department's technical or administrative opinion to
				  interpret, clarify or to otherwise facilitate progress in permitting matters or
				  in the resolution of any other matter between a regulatory authority and a
				  nonmetallic mine operator.
(3)
(a) Any party may request the department's
				  written technical or administrative opinion in a matter involving a dispute
				  between a regulatory authority and a nonmetallic mine operator.
(b) The party should provide a written
				  request detailing the nature and facts of the dispute, a history of previous
				  attempts to resolve the matter, a precise description of the issue or issues
				  where dispute exists and upon which the department is requested to render its
				  technical or administrative opinion.
(c) The department shall respond to requests
				  for technical or administrative opinions in writing within 10 days of receipt
				  of the request indicating whether or not it will render a formal opinion on the
				  matter. If the department acts to provide an opinion, it shall render its
				  written opinion within 45 days of receipt of the request for a technical or
				  administrative opinion. This timeframe may be extended where circumstances such
				  as a lack of sufficient information prevent the department from rendering a
				  valid technical or administrative opinion. In reaching its opinion, the
				  department shall provide an opportunity for all parties to the dispute to
				  provide relevant information and may consider the following: the need for a
				  timely and expeditious resolution, environmental or health risk, economic
				  hardship, whether the opinion is important to statewide program consistency
				  considering significant departure from consistent administration of this
				  chapter's programs and to the uniform application of reclamation standards, or
				  whether its opinion is precedent setting, or any other factors the department
				  deems relevant.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter VI - Registration of Marketable Nonmetallic Mineral Deposits › Section NR 135.53 - Definitions

Current through June 24, 2024
In this subchapter:
(1) "Contiguous parcels" means 2 or more
				  parcels of land that share a common property boundary or have property
				  boundaries that meet on at least one point. For purposes of this definition,
				  parcels are contiguous notwithstanding the existence of public or private roads
				  or easements.
(2) "Marketable
				  nonmetallic mineral deposit" means a nonmetallic mineral deposit that meets the
				  criteria in s.
				  NR
				  135.54.
(2m) "Permitted or conditional use" means
				  conducting nonmetallic mining under any existing zoning if one of the criteria
				  in s.
				  NR 135.56(3)
				  (b) is met.
(3) "Zoning authority" means any county or
				  municipal zoning board or other authority which exercises authority to zone the
				  land which a landowner seeks to register under this subchapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter VI - Registration of Marketable Nonmetallic Mineral Deposits › Section NR 135.54 - Marketable nonmetallic mineral deposit

Current through June 24, 2024
A marketable nonmetallic mineral deposit is one which can
					 be or is reasonably anticipated to be commercially feasible to mine and has
					 significant economic or strategic value. The significant economic or strategic
					 value must be demonstrable using geologic, mineralogical or other scientific
					 data, due to the deposit's quality, scarcity, location, quantity or proximity
					 to a known user.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter VI - Registration of Marketable Nonmetallic Mineral Deposits › Section NR 135.55 - Who may register a marketable nonmetallic mineral deposit

Current through June 24, 2024
Beginning on June 1, 1994, a landowner may register his or
					 her land pursuant to this subchapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter VI - Registration of Marketable Nonmetallic Mineral Deposits › Section NR 135.56 - Registration requirements

Current through June 24, 2024
(1) The
				  registration shall include a legal description delineating the land and a
				  certification and delineation by a licensed professional geologist or a
				  registered professional engineer that the land has a marketable nonmetallic
				  mineral deposit. In making this certification, the licensed professional
				  geologist or registered professional engineer shall describe the type and
				  quality of the nonmetallic mineral deposit, the areal extent and depth of the
				  deposit, how the deposit's quality, extent, location and accessibility
				  contribute to its marketability, and the quality of the deposit in relation to
				  current and anticipated standards and specifications for this type of material.
				  This certification shall be supported by logs or records of drilling, boring,
				  geophysical surveys, records of physical inspections of outcrops or equivalent
				  scientific data.
(2) The
				  certification shall include the licensed professional geologist's or registered
				  professional engineer's seal affixed to this statement:
"I hereby certify that this document contains a description
					 of a marketable nonmetallic mineral deposit consistent with the requirements of
					 Chapter
					 NR
					 135, Wisconsin Administrative Code."
(3)
(a) A
				  person wishing to register land pursuant to this subchapter shall provide
				  evidence that nonmetallic mining is a permitted or conditional use for the land
				  under zoning in effect on the day in which notice is provided to the zoning
				  authorities pursuant to sub. (4).
(b) Nonmetallic mining is a permitted or
				  conditional use for land if any of the following apply:
1. There is no existing zoning.
2. The land is in a zoning category that
				  expressly states that nonmetallic mining is either a permitted use or may be
				  allowed as a conditional use.
3.
				  The land is in a zoning category that allows general uses and the zoning
				  authority allows nonmetallic mining as a permitted or conditional use as a
				  subset of the general uses listed for that zoning category, even though
				  nonmetallic mining in not expressly referred to in the zoning.
(c) If the existing zoning
				  requires a conditional use permit for nonmetallic mining, there is no need to
				  apply for or obtain a conditional use permit in order to register the land
				  pursuant to this subchapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter VI - Registration of Marketable Nonmetallic Mineral Deposits › Section NR 135.57 - Registration of contiguous parcels

Current through June 24, 2024
Contiguous parcels of land meeting all of the following
					 criteria may be included in one registration under this subchapter.
(1) The parcels are owned by the same
				  person.
(2) The parcels contain a
				  marketable nonmetallic mineral deposit as defined in s.
				  NR
				  135.54.
(3) The parcels are contiguous as defined in
				  s.
				  NR
				  135.53(1).
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter VI - Registration of Marketable Nonmetallic Mineral Deposits › Section NR 135.58 - Objection to registration by a zoning authority

Current through June 24, 2024
(1) A zoning
				  authority of land that a landowner intends to register as a marketable
				  nonmetallic mineral deposit may object to the proposed registration only if it
				  gives notice of its intent to object and the reasons for its objection no later
				  than 60 days after receiving notice of intent pursuant to s.
				  NR
				  135.56(3). A zoning authority may
				  object to registration only on the grounds of one of the following conditions:
(a) Zoning in effect on the date that notice
				  of intent to register land containing a deposit was provided to the zoning
				  authority does not permit or conditionally permit nonmetallic mining under the
				  criteria in s.
				  NR 135.56(3)
				  (b); or
(b) There is not a marketable nonmetallic
				  mineral deposit, as defined in s.
				  NR
				  135.54, on the land proposed to be
				  registered.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter VI - Registration of Marketable Nonmetallic Mineral Deposits › Section NR 135.59 - Duration and renewal of registration

Current through June 24, 2024
(1) Registration of
				  land containing a marketable nonmetallic mineral deposit expires 10 years after
				  the date registration is recorded unless renewed according to this
				  section.
(2) A landowner may not
				  renew registration of land containing a marketable nonmetallic mineral deposit
				  if the deposit has been commercially depleted.
(3)
(a) A
				  landowner may renew registration of land containing a marketable nonmetallic
				  mineral deposit upon which mining has not yet taken place for one additional
				  10-year term without a new determination of marketability by notifying the
				  zoning authority and recording a deed notice renewing registration with the
				  county registrar of deeds. Renewal of registration shall be recorded at least
				  10 days and no more than one year before registration expires. A zoning
				  authority may object to this one-time renewal according to the procedures of s.
				  NR
				  135.58, but only on the grounds that there is no
				  longer a marketable nonmetallic mineral deposit. Once this one-time renewal of
				  registration has expired, the landowner may register land containing the
				  deposit again in accordance with this subchapter.
(b) A landowner may not submit a notice of
				  intent to register land containing a nonmetallic mineral deposit more than one
				  year before the expiration of current registration.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter VI - Registration of Marketable Nonmetallic Mineral Deposits › Section NR 135.60 - Previously registered deposits

Current through June 24, 2024
(1) Land that has
				  been registered as an economically viable nonmetallic mineral deposit under s.
				  144.9407(9), 1993 Stats., or s.
				  295.20,
				  Stats., prior to December 1, 2000 shall become a registered marketable
				  nonmetallic mineral deposit to which this subchapter applies.
(2) Land registered under sub. (1) shall
				  remain registered as a marketable nonmetallic mineral deposit for a period that
				  ends 10 years after the initial date of registration was recorded as a notation
				  in the office of the registrar of deeds in the county in which the nonmetallic
				  mineral deposit is located. After this 10-year registration period, the land
				  may be re-registered as a marketable nonmetallic mineral deposit in accordance
				  with s.
				  NR
				  135.56. Land which has become registered pursuant to
				  sub. (1) may not be re-registered for a 10-year term as provided in s.
				  NR
				  135.59(3).
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter VI - Registration of Marketable Nonmetallic Mineral Deposits › Section NR 135.61 - Termination of registration of a depleted deposit

Current through June 24, 2024
The landowner may terminate registration under this
					 subchapter of land containing a marketable nonmetallic mineral deposit where
					 the deposit has been depleted, or where the deposit is no longer economically
					 viable to mine. Termination of registration shall be accomplished by the
					 landowner filing a statement of the foregoing, with supporting certification by
					 a registered licensed professional geologist or registered professional
					 engineer, at the office of the register of deeds in the county in which the
					 land is located.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter VI - Registration of Marketable Nonmetallic Mineral Deposits › Section NR 135.63 - Right of eminent domain

Current through June 24, 2024
Nothing in this subchapter affects any state, county or
					 municipal authority to acquire property by eminent domain.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 135 - Nonmetallic Mining Reclamation › Subchapter VI - Registration of Marketable Nonmetallic Mineral Deposits › Section NR 135.64 - Exceptions

Current through June 24, 2024
Nothing in this subchapter shall prohibit:
(1) A use of land permissible under a zoning
				  ordinance on the day before the land containing a marketable nonmetallic
				  mineral deposit was registered pursuant to this subchapter.
(2) Acquisition of land containing a
				  registered marketable nonmetallic mineral deposit by a county, municipality or
				  other governmental unit for a public purpose.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 140 - Groundwater Quality › Subchapter I - General › Section NR 140.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish groundwater
					 quality standards for substances detected in or having a reasonable probability
					 of entering the groundwater resources of the state; to specify scientifically
					 valid procedures for determining if a numerical standard has been attained or
					 exceeded; to specify procedures for establishing points of standards
					 application, and for evaluating groundwater monitoring data; to establish
					 ranges of responses the department may require if a groundwater standard is
					 attained or exceeded; and to provide for exemptions for facilities, practices
					 and activities regulated by the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 140 - Groundwater Quality › Subchapter II - Groundwater Quality Standards › Section NR 140.12 - Public welfare related groundwater standards

Current through June 24, 2024
The groundwater quality standards for substances of public
					 welfare concern are listed in Table 2.
Note: For each substance of public welfare concern, the
					 preventive action limit is 50% of the established enforcement standard.
Table 2
Public Welfare Groundwater Quality
					 Standards
Substance
Enforcement Standard (milligrams per liter
								  - except as noted)
Preventive Action Limit (milligrams per
								  liter - except as noted)
Chloride
250
125
Color
15 color units
7.5 color units
Foaming agents MBAS
0.5
0.25
(Methylene-Blue Active Substances)
Iron
0.3
0.15
Manganese
0.05
0.025
Odor
3
1.5
(Threshold Odor No.)
(Threshold Odor No.)
Sulfate
250
125
Zinc
5
2.5
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 140 - Groundwater Quality › Subchapter II - Groundwater Quality Standards › Section NR 140.14 - Statistical procedures

Current through June 24, 2024
(1) If a preventive action limit or an
				  enforcement standard for a substance listed in Table 1 or 2, an alternative
				  concentration limit issued in accordance with s.
				  NR
				  140.28 or a preventive action limit for an indicator
				  parameter established according to s.
				  NR
				  140.20(2) is attained or exceeded at
				  a point of standards application:
(a) The
				  owner or operator of the facility, practice or activity at which a standard is
				  attained or exceeded shall notify the appropriate regulatory agency that a
				  standard has been attained or exceeded; and
(b) The regulatory agency shall require a
				  response in accordance with the rules promulgated under s.
				  160.21,
				  Stats. No response shall be required if it is demonstrated to the satisfaction
				  of the appropriate regulatory agency that a scientifically valid determination
				  cannot be made that the preventive action limit or enforcement standard for a
				  substance in Table 1 or 2 has been attained or exceeded based on consideration
				  of sampling procedures or laboratory precision and accuracy, at a significance
				  level of 0.05.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 140 - Groundwater Quality › Subchapter III - Evaluation and Response Procedures › Section NR 140.20 - Indicator parameter groundwater standards

Current through June 24, 2024
(1) ESTABLISHING
				  BACKGROUND WATER QUALITY. Background water quality at a facility, practice or
				  activity at which monitoring is required shall be established by sampling one
				  or more monitoring points at locations and depths sufficient to yield
				  groundwater samples that are representative of background water quality at or
				  near the facility, practice or activity. Background water quality shall be
				  determined for indicator parameters specified by the department. Background
				  water quality for indicator parameters shall be established by averaging a
				  minimum of 8 sample results from each well. The department may exclude any
				  sample result which is nonrepresentative of background water quality. In making
				  the calculations required in this section, the department may use as many
				  representative sample points as are available.
(2) ESTABLISHING PREVENTIVE ACTION LIMITS FOR
				  INDICATOR PARAMETERS. For each indicator parameter, except total coliform
				  bacteria, for which groundwater monitoring is required by the department, the
				  preventive action limit shall be established based upon a change of water
				  quality with respect to background water quality according to the methodology
				  specified in any of the following:
(a) For
				  field pH, the preventive action limit shall be one pH unit above or below the
				  pH of the background water quality.
(b) For field temperature, the preventive
				  action limit shall be 3 standard deviations or 10ºF (5.6ºC),
				  whichever is greater, above or below the temperature of the background water
				  quality.
(c) For all other
				  indicator parameters, the preventive action limit shall be the background water
				  quality for that parameter plus 3 standard deviations or the background water
				  quality plus the increase of that parameter listed in Table 3, whichever is
				  greater.
Note:
The standard deviation for a group of
					 samples is equal to the square root of: the value of the sum of the squares of
					 the difference between each sample in the sample group and the mean for that
					 sample group divided by the number of samples in the sample group where the
					 sample group has 30 or more samples and by one less than the number of samples
					 in the sample group where the sample group has less than 30 samples.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 140 - Groundwater Quality › Subchapter III - Evaluation and Response Procedures › Section NR 140.22 - Point of standards application for design and compliance

Current through June 24, 2024
(1) DESIGN. Except
				  as specified in sub. (1m), facilities, practices or activities regulated by the
				  department, including remedial actions, shall be designed to minimize the level
				  of substances in groundwater and to comply with the preventive action limits to
				  the extent technically and economically feasible at all the following
				  locations:
(a) Any point of present
				  groundwater use.
(b) Any point
				  beyond the boundary of the property on which the facility, practice or activity
				  is located.
(c) Any point within
				  the property boundaries beyond the 3-dimensional design management zone if one
				  is established by the department at each facility, practice or activity under
				  sub. (3).
(d) Every point at which
				  groundwater is monitored to determine if a preventive action limit or
				  enforcement standard has been attained or exceeded for sites identified under
				  s. NR 140.22(2) (c).
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 140 - Groundwater Quality › Subchapter III - Evaluation and Response Procedures › Section NR 140.26 - Responses when an enforcement standard is attained or exceeded

Current through June 24, 2024
(1) NOTIFICATION
				  AND ASSESSMENT. If the concentration of a substance in groundwater attains or
				  exceeds an enforcement standard at a point of standards application as
				  described in s.
				  NR
				  140.22(2):
(a) The owner or operator of the facility,
				  practice or activity shall notify the department in writing when monitoring
				  data is submitted that an enforcement standard has been attained or exceeded in
				  accordance with any deadlines in applicable statutes, rules, permits or plan
				  approvals. Where no deadlines are imposed, the owner or operator shall notify
				  the department as soon as practical after the results are received. When the
				  results of any private well sampling attain or exceed an enforcement standard
				  or preventive action limit, the owner or operator of the facility, practice or
				  activity shall notify the department within 10 days after the results are
				  received. The notification shall provide a preliminary analysis of the cause
				  and significance of the concentration.
Note:
Section
					 292.11(2)
					 (a), Stats., requires that the department be
					 notified immediately of hazardous substance discharges.
Note:
See s.
					 NR
					 140.27.
(b) Upon receipt of the notice under par.
				  (a), the department shall evaluate the information and, if further information
				  is required to make the assessment under par. (c), direct the owner or operator
				  to prepare and submit a report by a specified deadline. The report shall assess
				  the cause and significance of the increased concentration based on a
				  consideration of the factors identified in s.
				  NR
				  140.24(1) (c) and shall propose a
				  response to achieve compliance with the enforcement standard at the point of
				  standards application and to comply with sub. (4).
(c) The department shall assess the cause and
				  significance of the concentration of the substance in determining the
				  appropriate response measures to achieve compliance with the enforcement
				  standard at the point of standards application and to comply with sub. (4). In
				  addition to all other relevant information, the department shall consider the
				  information submitted under sub. (1) and the factors listed in s.
				  NR
				  140.24(1) (c), where applicable.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 140 - Groundwater Quality › Subchapter III - Evaluation and Response Procedures › Section NR 140.27 - Responses when an enforcement standard is attained or exceeded at a location other than a point of standards application

Current through June 24, 2024
If the concentration of a substance in groundwater attains
					 or exceeds an enforcement standard at a location other than a point of
					 standards application for an enforcement standard, s.
					 NR
					 140.24 shall apply.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 140 - Groundwater Quality › Subchapter III - Evaluation and Response Procedures › Section NR 140.28 - Exemptions

Current through June 24, 2024
(1) APPLICABILITY.
(a) The department may not approve a proposed
				  facility, practice or activity at a location where a preventive action limit or
				  enforcement standard adopted under s.
				  NR
				  140.10 or has been 140.12 attained or exceeded unless
				  an exemption has been granted under this section.
(b) For an existing facility, practice or
				  activity, a response is required under s.
				  NR
				  140.24(2) or
				  140.26(2) when a
				  preventive action limit or an enforcement standard has been attained or
				  exceeded at a point of standards application unless an exemption has been
				  granted under this section or the criteria of s.
				  NR
				  140.24(5) (a) or (b) are
				  met.
(c) For an existing facility,
				  practice or activity that has taken or is taking a response under s.
				  NR
				  140.24(2) or
				  140.26(2), a
				  continued response is required unless a substance no longer attains or exceeds
				  a preventive action limit or an exemption has been granted under this
				  section.
(d) If a substance or
				  remedial material is to be infiltrated or injected into groundwater at a
				  concentration which attains or exceeds a preventive action limit, or at any
				  concentration for a substance or remedial material for which a groundwater
				  quality standard has not been established under this chapter, a temporary
				  exemption is required under sub. (5).
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 141 - Groundwater Monitoring Well Requirements › Section NR 141.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish minimum
				  acceptable standards for the design, installation, construction, abandonment
				  and documentation of groundwater monitoring wells. These rules are adopted
				  under chs. 281, 160 and 227, Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 141 - Groundwater Monitoring Well Requirements › Section NR 141.03 - Applicability

Current through June 24, 2024
This chapter applies to all persons installing and abandoning
				  groundwater monitoring wells and boreholes for purposes regulated by the
				  department under ch. 160, 281, 283, 289, 291, 292, 293 or 299, Stats., or in
				  permits, plan approvals, licenses or orders issued under those chapters. In
				  addition, this chapter applies to all persons installing groundwater monitoring
				  wells and boreholes in fulfillment of terms of a contract with the department.
				  All wells and boreholes installed for purposes regulated by the department
				  under this chapter shall be abandoned according to s.
				  NR
				  141.25. All other wells and boreholes shall be
				  abandoned according to the provisions of ch. NR 812.
Additional requirements concerning soil testing and
					 groundwater sampling are located in other chapters regulating wastewater and
					 solid and hazardous waste disposal, see chs.
					 NR 110,
					 206,
					 213,
					 214,
					 508,
					 512 and the 600 and 700
					 series.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 141 - Groundwater Monitoring Well Requirements › Section NR 141.05 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Air rotary drilling" means a drilling method whereby the borehole is advanced
				using a circular rotating action applied to a string of drilling rods which
				have a diffused discharge bit attached to the bottom of the rods. Pressurized
				air is forced through the drilling rods and cools the drilling tools and
				removes the cuttings from the borehole.
(2) "Annular space seal" means the following:
(a) For wells constructed with filter packs,
				it is the material placed above the top of the filter pack or the filter pack
				seal up to the surface seal and between the well casing and the adjacent
				formation; or
(b) For wells
				constructed into bedrock formations and without well screens, it is the
				material placed from the bottom of the enlarged borehole up to the surface
				seal, between the well casing and the adjacent formation.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 141 - Groundwater Monitoring Well Requirements › Section NR 141.055 - Borehole protection

Current through June 24, 2024
If a borehole is left open, protective measures shall be
				  taken to prevent the borehole from acting as a conduit for contamination or
				  becoming a safety hazard.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 141 - Groundwater Monitoring Well Requirements › Section NR 141.06 - Soil testing

Current through June 24, 2024
Specific soil sampling and testing procedures are specified
				  in other chapters related to wastewater and solid and hazardous waste disposal
				  facilities.
See chs.
					 NR 110,
					 206,
					 214,
					 508,
					 512, and 660 to
					 679.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 141 - Groundwater Monitoring Well Requirements › Section NR 141.065 - Well location

Current through June 24, 2024
(1) Monitoring wells installed where prior
				department approval is required shall be installed at the locations indicated
				on plans and specifications approved by the department prior to
				installation.
(2) Following
				installation of the wells, an as-built plan map shall be submitted specifying
				the exact vertical and horizontal location of the wells. All monitoring well
				locations shall be reported to the department on a plan map drawn to a specific
				scale. The map shall indicate structure boundaries, property boundaries, any
				nearby surface waters and a north arrow. The plan shall show the wells in
				relation to each other, to property and structure boundaries, and to a common
				reference point on a horizontal grid system. The origin of the grid system
				shall be located according to latitude and longitude or according to the state
				plane coordinate system. The exact vertical location of the top of the well
				casing shall be referenced to the nearest benchmark for the national geodetic
				survey datum to an accuracy of 0.01 feet. This plan map shall show the exact
				location of the installed well on a horizontal grid system which is accurate to
				within one foot. Direction of groundwater flow shall be indicated. In addition,
				a n 8.5 -inch by 11-inch site map drawn to scale according to the horizontal
				grid system shall be submitted showing the location of wells and structures on
				the site.
(3) The well casings for
				wells constructed in a floodplain or floodway shall terminate a minimum of 2
				feet above the regional flood elevation for the well site.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 141 - Groundwater Monitoring Well Requirements › Section NR 141.07 - Well casing

Current through June 24, 2024
(1) SPECIFICATIONS. All permanent groundwater
				monitoring wells shall be constructed of new polyvinyl chloride (PVC) well
				casing materials except in situations where the rock, soil or groundwater may
				react with PVC, in which case an approval under s.
				NR
				141.31 for alternative materials shall be requested.
				All PVC casing materials shall meet national sanitation foundation standard 14
				and ASTM D1785 specifications for any one of the following cell
				classifications: 12454-B, 12454-C, 11443-B, 14333-D, 13233 or 15223-B. All
				casing shall have a minimum inside diameter of 1.9 inches. In unconsolidated
				geologic formations, all wells less than or equal to 100 feet in depth shall be
				constructed of at least schedule 40 PVC casing and all wells greater than 100
				feet in depth shall be constructed of at least schedule 80 PVC casing.
				Groundwater monitoring wells shall be installed with well casing no larger than
				a 4-inch inside diameter. Groundwater monitoring wells shall have a vented cap
				except as provided in s.
				NR 141.13(4)
				(b).
(2) REFERENCE. The listed national sanitation
				foundation and ASTM references are available for inspection at the offices of
				the department of natural resources, the secretary of state, and the
				legislative reference bureau and may be obtained for personal use from the
				National Sanitation Foundation, 3475 Plymouth Road, P.O. Box 1468, Ann Arbor,
				Michigan 48106, and the American Society for Testing and Materials, 1916 Race
				Street, Philadelphia, Pennsylvania 19103.
(3) ASSEMBLY AND INSTALLATION. All casing
				couplings shall be constructed of flush threaded joints. Solvent welded joints
				may not be used without prior written approval by the department. The casing
				shall be centered in the borehole.
(4) INSPECTION. Prior to use, the casings and
				couplings shall be inspected for cuts, deformations, gouges, deep scratches,
				damaged ends and other imperfections. Any casing or coupling having such a
				defect may not be used.
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 141 - Groundwater Monitoring Well Requirements › Section NR 141.09 - Well screen

Current through June 24, 2024
(1) SPECIFICATIONS. All permanent groundwater
				monitoring well screens shall be constructed of material which is nonreactive
				with the constituents in soils and groundwater at the monitoring location. The
				well screen may not be hand cut and may not be wrapped with filter cloth. The
				well screen slot size shall be sized to retain at least 90% of the grain size
				of the collapsed formation, based on a sieve analysis, when collapsed formation
				is used as filter pack material or at least 90% of the grain size of the filter
				pack, based on a sieve analysis, if material other than collapsed formation is
				used. Well screens on water table observation wells may not exceed 15 feet in
				length. Well screens on piezometers installed for the purpose of determining
				the elevation of the potentiometric surface may not exceed 5 feet in length.
Note: Well screens for wells other than the water table
				  observation wells and piezometers identified above may vary in length.
(2) ASSEMBLY AND INSTALLATION. All
				well screens shall be permanently joined to the well casing by flush threaded
				joints. All joints shall be watertight. All well screens shall be centered in
				the borehole. Monitoring wells installed in bedrock using an open borehole may
				be constructed without a well screen.
Figure 1
.
Typical water table observation well and piezometer
				  construction details.
See
								Image
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 141 - Groundwater Monitoring Well Requirements › Section NR 141.10 - Tremie pipes and sealing procedures

Current through June 24, 2024
(1) MATERIALS. The
				tremie pipe used for the placement of sealant materials shall be one of the
				following materials:
(a) Metal
				pipe,
(b) Rubber-covered hose
				reinforced with braided fiber or steel and rated for at least 300 psi,
				or
(c) Thermoplastic pipe rated for
				at least 100 psi including:
1. Polyvinyl
				chloride (PVC)
2. Chlorinated
				polyvinyl chloride (CPVC),
3.
				Polyethylene (PE),
4. Polybutylene
				(PB), and
5. Acrylonitrite
				butadiene styrene (ABS).
Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 141 - Groundwater Monitoring Well Requirements › Section NR 141.13 - Sealing requirements

Current through June 24, 2024
All materials and procedures used in the installation of
				  seals for permanent groundwater monitoring wells shall meet the requirements of
				  this section. The calculated and actual volume of sealant material used for the
				  filter pack seal and annular space seal shall be reported to the
				  department.
(1) FILTER PACK SEAL.
(a)
Specifications.
All
				permanent groundwater monitoring wells installed with filter packs shall be
				constructed with a filter pack seal. For all water table observation wells and
				piezometers, the filter pack seal shall extend 2 feet upward from the top of
				the filter pack and shall consist of 2 feet of clean fine sand. When
				high-solids grout, granular bentonite slurry, bentonite-cement grout or neat
				cement grout is used as the annular space sealant, 5 feet of bentonite shall be
				placed on top of the clean fine sand seal. Bentonite chips no greater than 3/8
				inch in diameter or bentonite pellets shall be used for seals placed below the
				water table. Bentonite granules may be used for seals when there is no standing
				water above the filter pack and the borehole is less than 25 feet or in areas
				where the depth to water table is less than 7 feet. For water table observation
				wells constructed in areas where the depth to water table is less than 16 feet,
				the filter pack seal shall be reduced to 2 feet of bentonite to allow for the
				required amount of annular space sealant to be placed. For water table
				observation wells constructed in areas where the depth to water table is less
				than 7 feet, the required filter pack seal may be reduced to allow for the
				required amount of annular space sealant to be placed.
(b)
Installation.
A tape
				measure, measuring rod or similar device shall be used to ensure that the
				filter pack seal is installed over the proper depth interval. The tape measure,
				measuring rod or similar device shall be carefully raised and lowered while the
				filter pack seal material is being placed to identify bridging. If bridging
				occurs the filter pack seal material shall be tamped into place, surrounding
				the well casing, using a measuring rod or similar device. When a tremie pipe is
				used to place the filter pack seal the procedures of s.
				NR
				141.10(2) shall be followed.
				Bentonite pellets, bentonite chips or bentonite granules shall be hydrated in 2
				foot lifts as placed in the borehole when placed above the water
				table.