Section NR 182.102 - Applicability(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.Wis. Admin. Code Department of Natural Resources NR 182.102
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (4) made under s. 13.92(4) (b) 7, Stats., Register December 2021 No. 792, eff. 1/1/2022