Wisconsin Administrative Code › Department of Natural Resources › NR 100-199 - Environmental Protection General › Chapter NR 182 - Nonferrous Metallic Mineral Mining Waste Management › Section NR 182.113 - Monitoring

Current through June 24, 2024
(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:
a. Water level.
b. Field specific conductivity, micro-mhos/cm
				at 25° C.
c. Field and lab
				pH.
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.