Section NR 182.115 - Closure(1) Mining waste facilities shall be closed in compliance with the plan of operation approved under s. NR 182.109 and the reclamation plan approved under s. NR 132.114.(2) At the time of completion of closure of the mining waste site or a portion of the mining waste site, the operator shall provide proof of financial responsibility to the department in an amount equal to the reasonably anticipated costs during the period between 40 and 250 years after closure of the mining waste site, or portion of the waste site, to repair or replace any engineered cover systems or tailings water management control systems used at the mining site or mining waste site to avoid adverse environmental consequences. The proof of financial responsibility required under this subsection shall be in the amount determined under s. NR 132.116(6) and s. 293.51(1r), Stats., and shall be in the form of a cash deposit, which the department shall segregate and invest in an interest-bearing account, certificates of deposit, government securities, or other interest-bearing forms of security, or proof of establishment of an interest-bearing account, including an escrow account or trust account.(3) At the completion of closure of a closed facility, or portion of a facility, the owner or operator shall reasonably secure the closed facility, or closed portion of a facility, so that injurious contact with waste by humans or animal life will be minimized, and so that discharges harmful to health or the environment will not occur.(4) At the completion of the closure of a facility, or portion of a facility, all required equipment shall be provided and arrangements shall be made to continue post-closure monitoring as required under this chapter.(5) At the completion of the closure of a facility, or portion of a facility, the owner or operator shall submit to the department a closure documentation report under to s. NR 182.110(5) certifying that the facility, or portion of the facility, has been closed in accordance with this chapter and approved plans.(6) The long-term care period for a mining waste facility, or a closed portion of a facility, shall commence after the department completes all of the following: (a) Issues an approval and determination that the facility has been closed in substantial compliance with the plan of operation in accordance with s. NR 182.110(6) (b).(b) Issues a certification of completion of reclamation for the facility, or portion of the facility, under s. NR 132.122.Wis. Admin. Code Department of Natural Resources NR 182.115
Adopted by, CR 20-043: cr. Register December 2021 No. 792, eff. 1-1-22; correction in (2) made under s. 35.17, Stats., Register December 2021 No. 792, eff. 1/1/2022