Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 182 - Nonferrous Metallic Mineral Mining Waste Management › Section NR 182.102 - Applicability

Current through June 24, 2024
(1) This chapter governs sites and facilities
				used for storage and disposal of nonferrous metallic mining waste, as defined
				in this chapter which are part of a nonferrous metallic mineral mining or
				prospecting operation as defined in s.
				293.01(9) and
				(18), Stats.
(2) This chapter establishes specific
				groundwater quality protection standards and procedures that are applicable to
				all facilities regulated under this chapter and to other facilities constructed
				as part of nonferrous metallic mining or prospecting operations permitted under
				ch. NR 131 or 132.
(3) To the
				extent that nonferrous metallic prospecting or mining wastes are identified by
				the department as hazardous under s.
				291.05(1),
				Stats., the department shall regulate the disposal of such wastes under this
				chapter, and not under chs.
				NR
				660 to 670, subject to amendment, if necessary, to
				comply with applicable federal regulations or otherwise to adequately protect
				the environment.
(4) An operator
				shall maintain sites and facilities utilized for the storage, transportation,
				treatment, and disposal of non-mining solid wastes generated as part of
				nonferrous metallic mining operation, not covered by the definition of mining
				waste, in compliance with the provisions of chs.
				NR 500 to 544 and NR 660 to 670,
				as applicable.
(5) The provisions
				of this chapter are not applicable to the design, construction, or operation of
				industrial wastewater facilities, sewerage systems, and waterworks treating
				liquid waste approved under s.
				281.41, Stats.,
				or permitted under ch. 283, Stats., nor to sites used solely for the disposal
				of liquid industrial wastes which have been approved under s.
				281.41, Stats.,
				or permitted under ch. 283, Stats.
(6) To the extent mining wastes are used in
				the reclamation or construction of other facilities and structures on mining or
				prospecting sites, other than the waste facility itself, or for backfilling an
				underground mine or a prospecting excavation, the facilities where such waste
				are placed shall be exempt from the requirements of ch. 289, Stats., and this
				chapter but shall comply with the review and approval requirements of ch. 293,
				Stats., and ch. NR 131 or 132. Facilities used to store mining waste prior to
				being used for construction or reclamation or as backfill for an underground
				mine or prospecting excavation shall comply with this chapter.
(7) Surface mines that are backfilled with
				mining waste shall be subject to the requirements of this chapter except for
				ss. NR 182.105 and 182.106. For surface mines that are backfilled with mining
				waste, the mine pit and any land or appurtenances used for the storage of
				mining waste prior to its use as backfill shall be considered a single waste
				site. Facilities used to store mining waste prior to its being used as backfill
				for a surface mine shall comply with this chapter.
(8) An underground mine or a prospecting
				excavation which is backfilled with nonferrous mining waste in accordance with
				a prospecting permit or a mining permit issued under ch. NR 131 or 132 is not a
				waste site subject to regulation under this chapter.