Section 182.08. Feasibility report.

 

(1)  Any applicant is encouraged to contact the department during the early stages of project planning and development to determine what permits and approvals may be required and to assure that submissions are consistent with department requirements.

(2)  No person may establish or construct a waste site or expand an existing waste site not in operation as of May 21, 1978, without first obtaining approval of a feasibility report and a plan of operation from the department. The purpose of the feasibility report is to determine whether the site may be approved for the purpose intended and to identify any conditions which must be included in the plan of operation and in the license issued pursuant to this chapter. The feasibility report shall be submitted in accordance with s. NR 182.06 (1) and be consistent with ch. NR 132 . If the proposed waste site is a surface mine backfilled with mining waste, the feasibility report submittal provisions of this section may be satisfied by including the information required by this section in the mining permit application submitted pursuant to ch. NR 132 and issuance of the mining permit shall constitute approval of the feasibility report requirements and favorable determination of site feasibility. The amount of regional and site specific information and data required for each waste site may vary and shall be based on the waste characterization, but shall, at a minimum, contain the following, unless such information is contained in submittal of documents required under ch. NR 132 or 150 or s. 23.11 (5) , Stats.:

(a) General facility information. The following information shall be included: project title; name, address and phone number of the person who has been designated as the primary contact for departmental correspondence; owner of the proposed facility; site location; proposed licensed acreage; proposed facility life and range of disposal capacity; and estimated waste types and quantities to be contained.

(b) Waste characterization and analysis. Applicants shall conduct a characterization and analysis of all mining wastes which may be disposed of or stored in the waste site.

(be) Evaluation. Waste characterization and analysis shall identify the characteristics of the wastes which must be known to enable the applicant to comply with the requirements of these regulations. It shall be an evaluation of the quantities, variability, and physical, radiologic and chemical properties of a waste necessary for predicting potential environmental impact of waste handling, storage and disposal, and for determining the appropriate regulatory controls and specific disposal or storage design. Evaluation may include a review of the literature and results from similar existing facilities, materials, or studies.

(bi) Testing. Testing shall be performed on the representative samples of material available, on individual wastes from the mining and milling process, and on composite wastes where mixed storage or disposal of individual wastes is proposed. Where either physical or chemical segregation of a waste is proposed, each individual waste shall be tested. If the information relevant to the waste characterization is not known, and the overall costs of obtaining it are unreasonable or beyond the state-of-the-art, then the characterization shall include worst case analyses and associated probabilities. The major components of waste characterization and analysis shall include:

1. Identification of all wastes which will be disposed of or stored in the waste site. Identification shall include classification of waste types, estimation of the generation rates and volumes of each type, and an explanation of the ultimate disposition of each type.

2. Chemical, radiologic and mineralogic analyses of the wastes.

3. Particle size analyses of the wastes.

4. Chemical and physical characteristics testing shall be performed unless it is documented based on the analyses in subds. 2. and 3. or past experience that there is no potential for significant environmental damage or the potential of a threat to public health, safety and welfare. This testing program shall include:

a. Determination of the acid producing characteristics of the wastes considering the acid producing content of the materials, the size, form of the acid producing material, and spatial distribution of its particles, the neutralizing effect of host materials; and the quality of leachate produced by similar wastes.

b. Determination of the leaching potential of the wastes and determination of the composition of the resulting leachate.

c. An evaluation of the physical, radiologic and chemical properties of representative samples of wastes as may be required to develop storage or disposal plans.

5. The applicant shall describe in detail the testing and chain of custody methods employed in evaluating the waste characteristics, and shall provide to the department justification for the use of such methods. If the department cannot reasonably verify the methods utilized by the applicant or the results therefrom other than by independent testing, the department may require that the applicant provide representative samples to the department for such independent testing. Use of these samples shall recognize the effect of time upon the representativeness of sample analysis results.

6. Where prospecting samples are available, the applicant shall conduct, if required by the department, a field testing program to both supplement and verify literature survey and laboratory testing programs.

7. The applicant is encouraged to develop methods of waste handling that will result in the reuse or recovery of such materials. Accordingly, the feasibility report shall include a discussion of alternative methods of disposal of waste materials, including an analysis of the practicability of the reuse, sale, recovery, or processing of such wastes for other purposes.

(bo) Summary. A summary of the waste characterization as it relates to the handling, storage and disposal of the same shall be provided.

(bs) Results. Results of the waste characterization and analysis combined with information from the evaluation of regional and site specific information, shall be used as part of the feasibility report and plan of operation phases of the project to: determine specific approaches for locating the waste site; determine and obtain appropriate site specific information, and develop appropriate design, construction, operation, monitoring and long-term care requirements for each category of waste.

(c) Regional information. A discussion of the regional site setting shall be included to provide a basis for comparison and interpretation of site specific information obtained through field investigations. The discussion should generally be limited to information available from state agency files and publications although some field verification and updating may be necessary. The term regional as used herein is intended to include that area which may affect or be affected by the proposed site. In most instances this will be the proposed site, and the area within a radius up to 5 miles from the site. The discussions should be supplemented by maps or cross-sections, where appropriate. The following items shall be addressed:

1. Topography.

2. Hydrology, including surface water drainage patterns and important hydrologic features such as navigable waters, springs, drainage divides and wetlands.

3. Geology, including the nature and distribution of bedrock and unconsolidated deposits.

4. Hydrogeology, including depth to groundwater, flow directions, recharge and discharge areas, groundwater divides, aquifers and the identification of the aquifers used by all public and private wells within at least 1,200 feet of each proposed site.

5. Ground and surface water quality, and precipitation chemistry.

6. Climatology.

7. Identification of adjacent landowners.

8. Zoning.

9. Present land uses with particular emphasis on known recreational, historic, archaeological, scientific, cultural or scenic significance.

10. Present or proposed access roads and weight restrictions.

11. Factors identified in s. NR 182.07 , location criteria.

12. Identification of aquatic and terrestrial ecosystems such as stream orders and classifications.

(d) Site specific information. Site specific information shall be included and field and laboratory investigations shall be performed to further define site physical, chemical and biological characteristics as provided below.

1. Field investigations shall be performed to define the site specific topography, soil types, depth to bedrock and groundwater. An existing site conditions plan sheet shall be prepared which shall be a detailed topographic survey of the area of investigation. All elevations shall be tied to USGS mean sea level datum. The map, if practicable, shall have a scale no greater than 1:2,400 with a contour interval of 0.1 to 4 feet. The plan shall illustrate the property boundaries, proposed waste facility and site boundaries, survey grid and north arrow, buildings, water supply wells, utility lines, man-made features, soil boring locations, observation well locations and other pertinent information.

2. The number and depth of soil borings required depends on the relative homogeneity of the soils at the site, the size of the area, character of the wastes and the geotechnical design requirements for the waste site. The borings shall be located to sample adequately major geomorphic features such as ridges and lowlands. Each major soil layer encountered during the boring investigation shall be classified according to the unified soil classification system.

3. Boring logs shall be prepared for all borings. Each log shall include soil and rock descriptions, method of drilling, method of sampling, sample depths, date of boring, and water level measurements and dates. All elevations shall be referred to USGS mean sea level datum.

4.

a. Soil samples shall be collected to adequately determine the geology and ensure proper design and monitoring of the site. Soil samples shall be collected at maximum 5-foot depth intervals, unless physical conditions such as soil homogeneity indicate that greater intervals would be adequate. Where appropriate, samples shall be collected using generally accepted undisturbed soil sampling techniques. All soil samples should be classified according to the unified soil classification system.

b. Soil tests including grain-size distribution and Atterburg limits shall be performed as required for classification and correlation purposes and to develop necessary geotechnical design parameters for the waste site. Samples shall not be composited for testing purposes.

c. Soil testing shall also include other physical, chemical, and biological testing as appropriate.

5. The hydraulic conductivity of the various soil strata shall be determined. In situ hydraulic conductivity testing procedures shall be used as appropriate to confirm laboratory values.

6.

a. Water table observation wells and piezometers shall be constructed and monitored to provide data necessary to determine horizontal and vertical groundwater flow patterns in and around the proposed site. Soil samples shall be collected and analyzed as described in subd. 4. a. to c. from those observation wells, or the deepest well of a well nest, used to provide the data necessary to determine groundwater flow patterns in and around the proposed site or a sampled boring within 20 feet of such a well.

b. Well construction log information shall include the elevation of the ground surface, the top of the pipe, the bottom of each boring, the well seals, the screened interval, a description of well construction, and a boring log as required in subd. 3.

c. Upon completion, each well shall be developed by pumping until the water pump is cleared. Pumping may include air lift pumps.

d. Successive water level measurements in each well shall be made until stabilized readings are obtained.

7.

a. A series of geologic cross-sections illustrating the following shall be prepared: existing topography, soil borings, soil classification, soil properties, interpreted soil stratigraphy, bedrock, well and boring locations and constructions and stabilized water level readings.

b. A water table map shall be constructed based on stabilized water level readings. The existing site conditions plan shall be used as a base for this map. Where significant, seasonal changes in groundwater levels shall be mapped.

c. When more than 2 well nests have been constructed, groundwater flow nets shall be prepared to illustrate horizontal and vertical flow. Where appropriate, this information may be illustrated on the geologic sections.

8. Site specific environmental information.

a. An environmental characterization shall be prepared which describes the structure and functional relationships of potentially impacted ecosystems. All relevant data shall be compiled and analyzed.

b. A baseline monitoring program shall be conducted and the data reported consistent with the requirements of ss. NR 132.05 and 132.11 . The baseline program shall address physical-chemical and biological monitoring. Physical-chemical parameters shall be selected based on transport and transformation mechanisms in the environment as well as other factors affecting the mobility and toxicity of pollutants. Biological parameters shall be selected based on the environmental characterizations, the degree of impact predicted, and the potentially affected organisms' sensitivity to contaminants.

c. A land use map showing plant communities, wildlife habitat, rare and endangered species sightings, archeological or historic sites, buildings, and areas of social importance shall be provided. The existing site conditions map shall be used as a base map.

d. Groundwater shall be monitored in the vicinity of the disposal site on a monthly basis for at least 12 consecutive months prior to disposing of waste at the site, in conjunction with the gathering of baseline data as specified in subd. 8. b.

e. A table shall be provided showing existing water quality of all potentially affected surface waters. The table shall include those surface waters identified under s. NR 182.07 (1) . Important aquatic habitat, such as class II trout stream or state scenic river, shall be indicated.

f. Local climatological data shall be provided for seasonal precipitation, evaporation, air temperature and wind velocity and direction. This may be satisfied by either an annual record on the site or adequate data to correlate the site conditions to an existing observation station.

(e) Proposed facility design. Based on the conclusions resulting from the analysis of site data and waste characterizations, a proposed facility design shall be prepared. This shall consist of preliminary type, size and location, engineering plans, a general discussion of proposed operating procedures, and a proposed monitoring program. This section of the report shall include for each waste site:

1. A map, using the existing site conditions map as a base, which shows proposed access, lateral extent of filling, and phases of facility development.

2. A series of cross-sections showing present topography, proposed base grades and final grades, using the geological sections as a base.

3. Preliminary earth work balance calculations.

4. Proposed methods for leachate control.

5. Proposed operating procedures including method of site development, phasing, control of surface water, screening, access control and other special design features.

6. Material balances prepared from best available information showing the quantities of the wastes identified in par. (a) . These material balances shall include:

a. The projected conditions existing at the end of a typical year of production;

b. The projected conditions existing before and after a significant change in operating practice of the mine waste site or facility, such as the shut down of a cell of a tailings disposal area and the start up of another;

c. The projected conditions existing at the end of operations;

d. The projected conditions existing at the end of reclamation.

7. Discussion of the reasoning and logic behind the design of the major features of the site, such as traffic routing, base grade and relationships to subsurface conditions, anticipated waste types and characteristics, phases of development, liner design, facility monitoring, and similar design features.

8. A monitoring program shall be developed for the purpose of determining whether the proposed facilities meet all environmental standards. Program design and specifications should be based on potential variations in the quality and quantity of waste materials, methods of processing, transport and disposal, and the variability of important environmental conditions.

9. The applicant shall submit information based on predictive modeling to demonstrate there is a reasonable certainty that the facility will not result in a violation of the groundwater quality standards, specified in ch. NR 140 , beyond the design management zone. If any statistically significant change in baseline groundwater quality is predicted, the applicant shall prepare a specific assessment of any adverse environmental impacts reasonably expected to result. If it is expected, with reasonable certainty, that a preventive action limit will be exceeded beyond the design management zone, the applicant shall request an exemption under ss. NR 140.28 and 182.19 which shall include an assessment of why it is not technically and economically feasible to achieve the preventive action limit.

10. For expansion of existing facilities the report shall include an evaluation of the effectiveness of the existing site design and operation.

(f) Water budget. A preliminary water budget shall be prepared for 3 time periods: before construction, during active operation and after facility closure. Water budget calculations shall be made for 3 climatological situations depicting dry, wet and average precipitation — evaporation conditions based on climatologic records. The water budget shall describe the estimated amount and quality of seepage and discharge to surface and groundwater. Factors to be considered in preparation of the water budget are precipitation, slurry water input and return, evaporation, surface runoff, infiltration, evapotranspiration, soil and waste moisture holding capacity and groundwater flow velocities and volume.

(g) Aesthetics. The applicant shall analyze the impact of the waste disposal site on aesthetics and how such impact can be minimized.

(h) Dam safety factors. The applicant shall submit data regarding the safety factors of tailings pond embankments. On a case-by-case basis the following factors shall be considered:

1. Geology of the disposal site including type and homogeneity of the foundation.

2. Materials and methods to be used for embankment construction.

3. Engineering modifications to be included in the design.

4. Physical and chemical characteristics of the waste as deposited and predicted changes through time.

5. Endangerment to human safety.

6. Potential area to be affected in case of failure, considering land use and the surrounding environment.

7. Requirements as specified by the mine safety and health administration.

(i) Contingency plan. The applicant shall develop and describe a contingency plan to prevent or minimize human health or environmental damage in the event of an accidental or emergency discharge or other condition not anticipated in the feasibility report which does not comply with the license conditions or other applicable standards.

(j) Closure and long-term care. An economic analysis, including an engineer's cost estimate, for site closing and long-term care, which may be provided by reference to the reclamation plan submitted pursuant to s. 293.37 (2) (b) , Stats., and s. NR 132.08 .

(k) Alternative design, location and operation submittals.

1. Alternatives to the design and location of any new proposed waste site shall be identified and evaluated, including an economic analysis of each site which is both environmentally and economically feasible. Operation alternatives shall be discussed to the extent they have a significant impact on design and location alternatives.

2. In order to minimize the total adverse environmental impact, a viable site shall be chosen that would result in the least total overall adverse environmental impact. The site selection process shall include the identification and analysis of various alternatives so that a legitimate comparison between several of the most viable sites can be made, realizing that a comparison will be made between several sites, all of which may have some imperfections with regard to environmental acceptability and none of which, in some cases, may be found to be environmentally acceptable as a result of compliance with s. 1.11 , Stats., and other applicable Wisconsin laws.

3. The applicant shall submit to the department the data on all proposed alternative waste sites and designs studied by the applicant.

(L) Appendix. The feasibility report shall have an appendix including:

1. Boring logs, soil tests, well construction data and water level measurements;

2. Methods and equations used in the analysis of the raw data;

3. References.

(3)  

(a) Within 60 days after a feasibility report is submitted, the department shall notify the applicant in writing whether the feasibility report is complete, or specify what information is needed if the report is incomplete. A favorable determination as to completeness does not mean that the report is adequate for the purpose of determining site feasibility under this chapter.

(b) Within 90 days after completion of the hearing under s. 293.43 , Stats., the department shall issue a written determination on the adequacy of the feasibility report and of site feasibility, stating the findings of fact and conclusions of law upon which the determination is based. If a determination is made that the feasibility report is not adequate to make the determination of site feasibility, the department may defer decision until an amended feasibility report is filed and, if the department deems it necessary, a continuation of the hearing held pursuant to s. 293.43 , Stats.

(c) The site may be found feasible if it meets the design, operation, location and environmental standards contained directly or by cross-reference in this chapter. Any determination made under this subsection may be conditioned upon the design, operational or other requirements deemed necessary to be included in the plan of operation. A favorable determination issued under this subsection shall specify the design capacity of the proposed site and constitute approval of the site for the purpose intended.

History: Cr. Register, August, 1982, No. 320 , eff. 9-1-82; am. (2) (intro.) and (3) (c), Register, October, 1988, No. 394 , eff. 11-1-88; correction in (2) made under s. 13.93 (2m) (b) 1., Stats., Register, September, 1995, No. 477 ; am. (2) (e) 9., Register, May, 1998, No. 509 , eff. 6-1-98.