NR 664.0077 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register July 2017 No. 739, eff. 8-1-17. NR 664.0090 NoteNote: Groundwater monitoring requirements in chs. NR 140 and 141 also apply. NR 664.0090(1)(a)(a) Except as provided in sub. (2), this subchapter applies to owners or operators of facilities that treat, store or dispose of hazardous waste. The owner or operator shall satisfy the requirements identified in par. (b) for all wastes (or constituents thereof) contained in solid waste management units at the facility, regardless of the time at which waste was placed in the units. NR 664.0090(1)(b)(b) All solid waste management units shall comply with the requirements in s. NR 664.0101. A surface impoundment or waste pile unit or landfill that receives hazardous waste after July 26, 1982 (in this subchapter, referred to as a “regulated unit”) shall comply with the requirements of ss. NR 664.0091 to 664.0100 in lieu of s. NR 664.0101 for purposes of detecting, characterizing and responding to releases to the uppermost aquifer. The financial responsibility requirements of s. NR 664.0101 apply to regulated units. NR 664.0090(2)(2) The owner or operator’s regulated unit or units are not regulated for releases into the uppermost aquifer under this subchapter if any of the following apply: NR 664.0090(2)(b)(b) The owner or operator operates a unit which the department finds meets all of the following conditions: NR 664.0090(2)(b)2.2. Does not receive or contain liquid waste or waste containing free liquids. NR 664.0090(2)(b)3.3. Is designed and operated to exclude liquid, precipitation and other run-on and run-off. NR 664.0090(2)(b)6.6. The owner or operator shall provide continuing operation and maintenance of these leak detection systems during the active life of the unit and the closure and long-term care periods. NR 664.0090(2)(b)7.7. To a reasonable degree of certainty, shall not allow hazardous constituents to migrate beyond the outer containment layer prior to the end of the long-term care period. NR 664.0090(2)(d)(d) The department finds that there is no potential for migration of liquid from a regulated unit to the uppermost aquifer during the active life of the regulated unit (including the closure period) and the long-term care period specified under s. NR 664.0117. A qualified geologist or geotechnical engineer shall certify this demonstration. In order to provide an adequate margin of safety in the prediction of potential migration of liquid, the owner or operator shall base any predictions made under this paragraph on assumptions that maximize the rate of liquid migration. NR 664.0090(3)(3) This subchapter applies during the active life of the regulated unit (including the closure period). After closure of the regulated unit, this subchapter: NR 664.0090(3)(a)(a) Does not apply if all waste, waste residues, contaminated containment system components and contaminated subsoils are removed or decontaminated at closure. NR 664.0090(5)(5) This subchapter applies to all owners and operators subject to s. NR 670.001 (3) (g), when the department issues either a long-term care license or an enforceable document (as defined in s. NR 670.001 (3) (g)) at the facility. When the department issues an enforceable document, references in this subchapter to “in the license” mean “in the enforceable document”. NR 664.0090(6)(6) The department may replace all or part of the requirements of ss. NR 664.0091 to 664.0100 applying to a regulated unit with alternative requirements for groundwater monitoring and corrective action for releases to groundwater set out in the license (or in an enforceable document) (as defined in s. NR 670.001 (3) (g)) where the department determines that all of the following apply: NR 664.0090(6)(a)(a) The regulated unit is situated among solid waste management units (or areas of concern), a release has occurred and both the regulated unit and one or more solid waste management units (or areas of concern) are likely to have contributed to the release. NR 664.0090(6)(b)(b) It is not necessary to apply the groundwater monitoring and corrective action requirements of ss. NR 664.0091 to 664.0100 because alternative requirements will protect human health and the environment. NR 664.0090 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0091(1)(1) Owners and operators subject to this subchapter shall conduct a monitoring and response program according to the following: NR 664.0091(1)(a)(a) Whenever hazardous constituents under s. NR 664.0093 from a regulated unit are detected at a point of standards application under s. NR 664.0095, the owner or operator shall institute a compliance monitoring program under s. NR 664.0099. Detected is defined as statistically significant evidence of contamination as described in s. NR 664.0098 (6). NR 664.0091(1)(b)(b) Whenever the groundwater protection standard under s. NR 664.0092 is exceeded, the owner or operator shall institute a corrective action program under s. NR 664.0100. Exceeded is defined as statistically significant evidence of increased contamination as described in s. NR 664.0099 (4). NR 664.0091(1)(c)(c) Whenever hazardous constituents under s. NR 664.0093 from a regulated unit exceed concentration limits under s. NR 664.0094 in groundwater between the point of standards application under s. NR 664.0095 and the downgradient facility property boundary, the owner or operator shall institute a corrective action program under s. NR 664.0100. NR 664.0091(1)(e)(e) Chemical and physical samples shall be analyzed by a laboratory certified or registered under ch. NR 149, except for field analyses for pH, specific conductance and temperature. NR 664.0091(2)(2) The department shall specify in the facility license the specific elements of the monitoring and response program. The department may include one or more of the programs identified in sub. (1) in the facility license as may be necessary to protect human health and the environment and shall specify the circumstances under which each of the programs will be required. In deciding whether to require the owner or operator to be prepared to institute a particular program, the department shall consider the potential adverse effects on human health and the environment that might occur before final administrative action on an application to modify the license to incorporate such a program could be taken. NR 664.0091 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0092NR 664.0092 Groundwater protection standard. The owner or operator shall comply with conditions specified in the facility license that are designed to ensure that hazardous constituents under s. NR 664.0093 detected in the groundwater from a regulated unit do not exceed the concentration limits under s. NR 664.0094 or the enforcement standards listed in ch. NR 140, whichever are more stringent, in the uppermost aquifer underlying the waste management area beyond the point of standards application under s. NR 664.0095 during the compliance period under s. NR 664.0096. The department shall establish this groundwater protection standard in the license when hazardous constituents have been detected in the groundwater. NR 664.0092 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0093(1)(1) The department shall specify in the facility license the hazardous constituents to which the groundwater protection standard of s. NR 664.0092 applies. Hazardous constituents are constituents identified in ch. NR 661 Appendix VIII, that have been detected in groundwater in the uppermost aquifer underlying a regulated unit and that are reasonably expected to be in or derived from waste contained in a regulated unit, unless the department has excluded them under sub. (2). NR 664.0093(2)(2) The department shall exclude a ch. NR 661 Appendix VIII constituent from the list of hazardous constituents specified in the license if it finds that the constituent is not capable of posing a substantial present or potential hazard to human health or the environment. In deciding whether to grant an exemption, the department shall consider all of the following: NR 664.0093(2)(a)(a) Potential adverse effects on groundwater quality, considering all of the following: NR 664.0093(2)(a)1.1. The physical and chemical characteristics of the waste in the regulated unit, including its potential for migration. NR 664.0093(2)(a)2.2. The hydrogeological characteristics of the facility and surrounding land. NR 664.0093(2)(a)6.6. The existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater quality. NR 664.0093(2)(a)7.7. The potential for health risks caused by human exposure to waste constituents. NR 664.0093(2)(a)8.8. The potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents. NR 664.0093(2)(b)(b) Potential adverse effects on hydraulically-connected surface water quality, considering all of the following: NR 664.0093(2)(b)1.1. The volume and physical and chemical characteristics of the waste in the regulated unit. NR 664.0093(2)(b)2.2. The hydrogeological characteristics of the facility and surrounding land. NR 664.0093(2)(b)3.3. The quantity and quality of groundwater, and the direction of groundwater flow. NR 664.0093(2)(b)6.6. The current and future uses of surface waters in the area and any water quality standards established for those surface waters. NR 664.0093(2)(b)7.7. The existing quality of surface water, including other sources of contamination and the cumulative impact on surface-water quality. NR 664.0093(2)(b)8.8. The potential for health risks caused by human exposure to waste constituents. NR 664.0093(2)(b)9.9. The potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents. NR 664.0093(2m)(2m) The department may not grant an exclusion under sub. (2) that would allow a violation of ch. NR 140 enforcement standards, except as provided by s. NR 140.28. NR 664.0093(3)(3) In making any determination under sub. (2) about the use of groundwater in the area around the facility, the department shall consider any identification of underground sources of drinking water and exempted aquifers made under 40 CFR 144.7. NR 664.0093 NoteNote: There are no exempted aquifers in Wisconsin.
NR 664.0093 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0094(1)(1) The department shall specify in the facility license concentration limits in the groundwater for hazardous constituents established under s. NR 664.0093. The concentration that is specified for a hazardous constituent shall meet the following conditions: NR 664.0094(1)(a)(a) May not exceed the background level of that constituent in the groundwater at the time that the limit is specified in the license. NR 664.0094(1)(b)(b) For any of the constituents listed in Table 1, may not exceed the respective value given in that table if the background level of the constituent is below the value given in Table 1. Table 1
Maximum Concentration of Constituents
for Groundwater Protection
1 Milligrams per liter.
NR 664.0094(1)(c)(c) May not exceed an alternate limit established by the department under sub. (2). NR 664.0094(2)(2) The department shall establish an alternate concentration limit for a hazardous constituent if it finds that the constituent will not pose a substantial present or potential hazard to human health or the environment as long as the alternate concentration limit is not exceeded. In establishing alternate concentration limits, the department shall consider all of the following factors: NR 664.0094(2)(a)(a) Potential adverse effects on groundwater quality, considering all of the following: NR 664.0094(2)(a)1.1. The physical and chemical characteristics of the waste in the regulated unit, including its potential for migration. NR 664.0094(2)(a)2.2. The hydrogeological characteristics of the facility and surrounding land. NR 664.0094(2)(a)6.6. The existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater quality. NR 664.0094(2)(a)7.7. The potential for health risks caused by human exposure to waste constituents.
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