(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.
(3) SURFACE
WATER. The department may require the operator to monitor surface water runoff,
leachate seeps, sedimentation ponds, and other surface water discharges
resulting from site operation and of surface waters that may be affected by
such discharges.
(4) MONITORING
PHYSICAL FEATURES. The department may require the operator to monitor air
quality, waste facility settlement, berm or embankment stability, vegetation
growth, and drainage control structures, and may require the operator to
monitor other chemical, physical, or biological conditions, if determined to be
necessary to assess the impact of the disposal site on critical aquatic and
terrestrial ecosystems.
(5)
REQUIREMENTS FOR CERTIFIED OR REGISTERED LABORATORY. The state laboratory of
hygiene or at a laboratory approved or certified by the department of
agriculture, trade and consumer protection shall analyze microbiological and
radiological samples. Other laboratory test results submitted to the department
under this chapter shall be performed by a laboratory certified or registered
under ch. NR 149. All of the following tests are excluded from the requirements
under this subsection:
(a) Geotechnical and
biological tests of soils.
(b) Air
quality tests.
(c) Field pH
tests.
(d) Field
conductivity.
(e) Waste material
and ore testing.
(f) Precipitation
chemistry tests.
(g) Leachate-liner
compatibility testing.
