NR 508.06(3)(c)
(c) The owner or operator shall also submit an analysis of the effectiveness of potential corrective measures in meeting all of the requirements and objectives of the remedy as described under par.
(a) and address all of the following in the remedial action options report submitted to the department under ch.
NR 722:
NR 508.06(3)(c)1.
1. The performance, reliability, ease of implementation, and potential impacts of appropriate potential remedies, including safety impacts, cross-media impacts, and control of exposure to any residual contamination.
NR 508.06(3)(c)3.
3. The institutional requirements, such as state or local permit requirements or other environmental or public health requirements that may substantially affect implementation of the remedy.
NR 508.06(3)(d)
(d) The department shall respond to the submission of the remedial action options report required under ch.
NR 722 in accordance with s.
NR 722.15.
NR 508.06(3)(e)
(e) The department shall hold a public informational hearing to discuss the results of the remedial action options report with interested and affected parties at least 30 days prior to the selection of a remedy.
NR 508.06(4)(a)
(a) Based on the results of the remedial action options evaluation, the owner or operator shall select a remedy that, at a minimum, meets the standards listed under par.
(b) and meets the requirements under ch.
NR 722 for the selection of remedial actions. The owner or operator shall describe the selected remedy in the remedial action options report and include a section indicating how the selected remedy meets the standards specified under par.
(b).
NR 508.06(4)(b)
(b) Any chosen remedial action shall meet all of the following standards:
NR 508.06(4)(b)3.
3. Control the source or sources of releases to reduce or eliminate, to the maximum extent feasible, further releases of constituents under ch.
NR 507, Appendix
I for CCR landfills into the environment.
NR 508.06(4)(b)4.
4. Remove from the environment as much of the contaminated material that may have been released from the CCR landfill as is feasible, accounting for factors such as avoiding inappropriate disturbance of sensitive ecosystems.
NR 508.06(4)(b)5.
5. Comply with standards for management of wastes as specified under ch.
NR 506 for CCR material.
NR 508.06(4)(c)
(c) In selecting a remedy that meets the standards under par.
(b), the owner or operator of the CCR landfill shall consider all of the following evaluation factors:
NR 508.06(4)(c)1.
1. The long- and short-term effectiveness and protectiveness of the potential remedy or remedies, along with the degree of certainty that the remedy will prove successful based on consideration of all of the following:
NR 508.06(4)(c)1.b.
b. The magnitude of residual risks in terms of likelihood of further releases due to CCR remaining following the implementation of a remedy.
NR 508.06(4)(c)1.c.
c. The type and degree of long-term management required, including monitoring, operation, and maintenance.
NR 508.06(4)(c)1.d.
d. The short-term risks that might be posed to the community or the environment during implementation of such a remedy, including potential threats to human health and the environment associated with excavation, transportation, and re-disposal of the contaminant.
NR 508.06(4)(c)1.f.
f. The potential for exposure of humans and environmental receptors to remaining wastes, considering the potential threat to human health and the environment associated with excavation, transportation, re-disposal, or containment.
NR 508.06(4)(c)1.g.
g. The long-term reliability of the engineering and institutional controls.
NR 508.06(4)(c)2.
2. The effectiveness of the remedy in controlling the source to reduce further releases based on consideration of all of the following factors:
NR 508.06(4)(c)3.
3. The ease or difficulty of implementing a potential remedy based on all of the following types of factors:
NR 508.06(4)(c)3.c.
c. The need to coordinate with and obtain necessary approvals and permits from other municipalities, programs, or agencies.
NR 508.06(4)(c)3.e.
e. The available capacity and location of needed treatment, storage, and disposal services.
NR 508.06(4)(c)3.f.
f. The degree to which community concerns are addressed by a potential remedy.
NR 508.06(4)(d)
(d) The owner or operator shall specify, as part of the selected remedy in the remedial action options report, a schedule for implementing and completing the selected remedial activities. The owner or operator shall propose in the schedule the completion of remedial activities within a reasonable period of time, subject to approval by the department. The owner or operator
of the
CCR landfill shall consider all of the following factors in determining the schedule for implementing and completing the selected remedial activities:
NR 508.06(4)(d)2.
2. The reasonable probabilities of remedial technologies in achieving compliance with the ch.
NR 140 groundwater protection standards and other objectives of the remedy.
NR 508.06(4)(d)3.
3. The availability of treatment or disposal capacity for CCR managed during implementation of the remedy.
NR 508.06(4)(d)4.
4. The potential risks to human health and the environment from exposure to contamination during implementation of the remedy.
NR 508.06(4)(d)5.
5. The resource value of the aquifer, including all of the following:
NR 508.06(4)(d)5.d.
d. The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to CCR constituents.
NR 508.06(4)(e)
(e) The department shall respond to the submission of the remedial action options report required under sub.
(3) in accordance with s.
NR 722.15.
NR 508.06(5)(a)
(a) Within 90 days after the department approves a remedy from the remedial action report under sub.
(4), the owner or operator shall initiate remedial activities. Based on the schedule established under sub.
(4) (d) for implementation and completion of remedial activities, the owner or operator shall do all of the following:
NR 508.06(5)(a)1.
1. Establish and implement a corrective action groundwater monitoring program that, at a minimum, meets the requirements of an assessment monitoring program under sub.
(2), documents the effectiveness of the corrective action remedy, and demonstrates compliance with the groundwater protection standards under ch.
NR 140.
NR 508.06(5)(a)2.
2. Implement the corrective action remedy selected by the department under sub.
(4).
NR 508.06(5)(a)3.
3. Take any interim measures necessary to reduce the contaminants leaching from the CCR landfill and potential exposures to human or ecological receptors. Interim measures shall, to the greatest extent feasible, be consistent with the objectives of and contribute to the performance of any remedy approved by the department under sub.
(4). All of the following factors shall be considered by an owner or operator in determining whether interim measures are necessary:
NR 508.06(5)(a)3.b.
b. The actual or potential exposure of nearby populations or environmental receptors to any of the constituents detected under ch.
NR 507, Appendix
I, Tables 1A, 3, and 4.
NR 508.06(5)(a)3.c.
c. The actual or potential contamination of drinking water supplies or sensitive ecosystems.
NR 508.06(5)(a)3.d.
d. Further degradation of the groundwater that may occur if remedial action is not initiated expeditiously.
NR 508.06(5)(a)3.e.
e. Weather conditions that may cause any of the constituents detected under ch.
NR 507, Appendix
I, Tables 1A, 3, and 4 to migrate or be released.
NR 508.06(5)(a)3.f.
f. The potential for exposure to any of the constituents listed under ch.
NR 507, Appendix
I as a result of an accident or failure of a container or handling system.
NR 508.06(5)(a)3.g.
g. Any other situations that may pose threats to human health and the environment.
NR 508.06(5)(b)
(b) If, at any time, the department determines that compliance with the requirements under ch.
NR 140 in accordance with ending a remedial action under ch.
NR 726 are not being achieved through the remedy selected, the department shall direct the owner or operator in writing to propose an alternative remedy or other methods or techniques that could feasibly achieve compliance with the requirements to the department in accordance with sub.
(4).
NR 508.06(5)(c)
(c) A remedy selected under sub.
(4) shall be considered complete when the department determines all of the following:
NR 508.06(5)(c)1.
1. The groundwater protection standards
under ch.
NR 140 have been achieved at all points within the plume of contamination that lie beyond the groundwater monitoring well system established at the CCR landfill.
NR 508.06(5)(c)2.
2. The owner or operator of the CCR landfill has demonstrated that concentrations of constituents detected under ch.
NR 507, Appendix
I, Tables 1A, 3, and 4 have not exceeded the groundwater protection standards under ch.
NR 140 for a period of 3 consecutive years.
NR 508.06(5)(c)3.
3. All actions required to complete the remedy have been satisfied.
NR 508.06(5)(d)
(d) Upon completion of the remedy, the owner or operator shall notify the department in accordance with s.
NR 507.30 (1). The notification shall be submitted to the department under s.
NR 506.17 (4), placed in the written operating record under s.
NR 506.17 (2) and posted on a publicly accessible internet site under NR 506.17 (3). The owner or operator shall apply to the department for a case closure under ch.
NR 726.
NR 508.06 History
History: CR 21-076: cr. Register July 2022 No. 799, eff. 8-1-22; correction in (2) (b), (c), (f) 1., (3) (a), (4) (c) 3. b. made under s. 35.17, Stats., Register July 2022 No. 799.
