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 Note
Note: There are no exempted aquifers in Wisconsin.
NR 664.0093 History
History: 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
- See PDF for table 
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.
NR 664.0094(2)(a)8.
8. The potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents.
NR 664.0094(2)(b)
(b) Potential adverse effects on hydraulically-connected surface-water quality, considering all of the following:
NR 664.0094(2)(b)1.
1. The volume and physical and chemical characteristics of the waste in the regulated unit.
NR 664.0094(2)(b)2.
2. The hydrogeological characteristics of the facility and surrounding land.
NR 664.0094(2)(b)3.
3. The quantity and quality of groundwater, and the direction of groundwater flow.
NR 664.0094(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 664.0094(2)(b)7.
7. The existing quality of surface water, including other sources of contamination and the cumulative impact on surface water quality.
NR 664.0094(2)(b)8.
8. The potential for health risks caused by human exposure to waste constituents.
NR 664.0094(2)(b)9.
9. The potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents.
NR 664.0094(2m)
(2m) The department may not establish an alternate concentration limit under sub.
(2) that is inconsistent with ch.
NR 140.
NR 664.0094(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 664.0094 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 664.0095
NR 664.0095 Point of standards application. NR 664.0095(1)(1)
The department shall specify in the facility license the point of standards application at which the groundwater protection standard of s.
NR 664.0092 applies and at which monitoring shall be conducted. The point of standards application is a vertical surface located at the hydraulically downgradient limit of the waste management area that extends down into the uppermost aquifer underlying the regulated units.
NR 664.0095(2)
(2) The waste management area is the limit projected in the horizontal plane of the area on which waste will be placed during the active life of a regulated unit.
NR 664.0095(2)(a)
(a) The waste management area includes horizontal space taken up by any liner, dike or other barrier designed to contain waste in a regulated unit.
NR 664.0095(2)(b)
(b) If the facility contains more than one regulated unit, an imaginary line circumscribing the several regulated units describes the waste management area.
NR 664.0095 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 664.0096(1)(1)
The department shall specify in the facility license the compliance period during which the groundwater protection standard of s.
NR 664.0092 applies. The compliance period is the number of years equal to the active life of the waste management area (including any waste management activity prior to licensing, and the closure period.)
NR 664.0096(2)
(2) The compliance period begins when the owner or operator initiates a compliance monitoring program meeting the requirements of s.
NR 664.0099.
NR 664.0096(3)
(3) If the owner or operator is engaged in a corrective action program at the end of the compliance period specified in sub.
(1), the compliance period is extended until the owner or operator can demonstrate that the groundwater protection standard of s.
NR 664.0092 has not been exceeded for a period of 3 consecutive years.
NR 664.0096 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 664.0097
NR 664.0097 General groundwater monitoring requirements. The owner or operator shall comply with the following requirements for any groundwater monitoring program developed to satisfy s.
NR 664.0098,
664.0099 or
664.0100:
NR 664.0097(1)
(1) The groundwater monitoring system shall consist of a sufficient number of wells, installed at appropriate locations and depths to yield groundwater samples from the uppermost aquifer that do all of the following:
NR 664.0097(1)(a)
(a) Represent the quality of background water that has not been affected by leakage from a regulated unit. A determination of background quality may include sampling of wells that are not hydraulically upgradient of the waste management area where all of the following conditions are met:
NR 664.0097(1)(a)1.
1. Hydrogeologic conditions do not allow the owner or operator to determine what wells are hydraulically upgradient.
NR 664.0097(1)(a)2.
2. Sampling at other wells shall provide an indication of background groundwater quality that is representative or more representative than that provided by the upgradient wells.
NR 664.0097(1)(b)
(b) Represent the quality of groundwater passing the point of standards application.
NR 664.0097(1)(c)
(c) Allow for the detection of contamination when hazardous waste or hazardous constituents have migrated from the waste management area to the uppermost aquifer.
NR 664.0097(2)
(2) If a facility contains more than one regulated unit, separate groundwater monitoring systems are not required for each regulated unit provided that provisions for sampling the groundwater in the uppermost aquifer will enable detection and measurement at the point of standards application of hazardous constituents from the regulated units that have entered the groundwater in the uppermost aquifer.
NR 664.0097(3)
(3) All monitoring wells shall be cased in a manner that maintains the integrity of the monitoring-well bore hole. This casing shall be screened or perforated and packed with gravel or sand, where necessary, to enable collection of groundwater samples. The annular space (i.e., the space between the bore hole and well casing) above the sampling depth shall be sealed to prevent contamination of samples and the groundwater.
NR 664.0097(4)
(4) The groundwater monitoring program shall include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide a reliable indication of groundwater quality below the waste management area. At a minimum the program shall include procedures and techniques for all of the following:
NR 664.0097(5)
(5) The groundwater monitoring program shall include sampling and analytical methods that are appropriate for groundwater sampling and that accurately measure hazardous constituents in groundwater samples.
NR 664.0097(6)
(6) The groundwater monitoring program shall include a determination of the groundwater surface elevation each time groundwater is sampled.
NR 664.0097(7)
(7) In detection monitoring or where appropriate in compliance monitoring, data on each hazardous constituent specified in the license shall be collected from background wells and wells at the points of standards applications. The number and kinds of samples collected to establish background shall be appropriate for the form of statistical test employed, following generally accepted statistical principles. The sample size shall be as large as necessary to ensure with reasonable confidence that a contaminant release to groundwater from a facility will be detected. The owner or operator shall determine an appropriate sampling procedure and interval for each hazardous constituent listed in the facility license which shall be specified in the unit license upon approval by the department. This sampling procedure shall be any of the following:
NR 664.0097(7)(a)
(a) A sequence of at least 4 samples, taken at an interval that assures, to the greatest extent technically feasible, that an independent sample is obtained, by reference to the uppermost aquifer's effective porosity, hydraulic conductivity and hydraulic gradient, and the fate and transport characteristics of the potential contaminants.
NR 664.0097(7)(b)
(b) An alternate sampling procedure proposed by the owner or operator and approved by the department.
NR 664.0097(8)
(8) The owner or operator shall specify one of the following statistical methods to be used in evaluating groundwater monitoring data for each hazardous constituent which, upon approval by the department, shall be specified in the unit license. The statistical test chosen shall be conducted separately for each hazardous constituent in each well. Where practical quantification limits (pql's) are used in any of the following statistical procedures to comply with sub.
(9) (e), the pql shall be proposed by the owner or operator and approved by the department. Use of any of the following statistical methods shall be protective of human health and the environment and shall comply with the performance standards outlined in sub.
(9).
NR 664.0097(8)(a)
(a) A parametric analysis of variance (ANOVA) followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method shall include estimation and testing of the contrasts between each compliance well's mean and the background mean levels for each constituent.
NR 664.0097(8)(b)
(b) An analysis of variance (ANOVA) based on ranks followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method shall include estimation and testing of the contrasts between each compliance well's median and the background median levels for each constituent.
NR 664.0097(8)(c)
(c) A tolerance or prediction interval procedure in which an interval for each constituent is established from the distribution of the background data, and the level of each constituent in each compliance well is compared to the upper tolerance or prediction limit.
NR 664.0097(8)(d)
(d) A control chart approach that gives control limits for each constituent.
NR 664.0097(8)(e)
(e) Another statistical test method submitted by the owner or operator and approved by the department.
NR 664.0097(9)
(9) Any statistical method chosen under sub.
(8) for specification in the unit license shall comply with all of the following performance standards, as appropriate:
NR 664.0097(9)(a)
(a) The statistical method used to evaluate groundwater monitoring data shall be appropriate for the distribution of chemical parameters or hazardous constituents. If the distribution of the chemical parameters or hazardous constituents is shown by the owner or operator to be inappropriate for a normal theory test, then the data should be transformed or a distribution-free theory test should be used. If the distributions for the constituents differ, more than one statistical method may be needed.
NR 664.0097(9)(b)
(b) If an individual well comparison procedure is used to compare an individual compliance well constituent concentration with background constituent concentrations or a groundwater protection standard, the test shall be done at a Type I error level no less than 0.01 for each testing period. If a multiple comparisons procedure is used, the Type I experiment wise error rate for each testing period shall be no less than 0.05; however, the Type I error of no less than 0.01 for individual well comparisons shall be maintained. This performance standard does not apply to tolerance intervals, prediction intervals or control charts.
NR 664.0097(9)(c)
(c) If a control chart approach is used to evaluate groundwater monitoring data, the specific type of control chart and its associated parameter values shall be proposed by the owner or operator and approved by the department if it finds them to be protective of human health and the environment.
NR 664.0097(9)(d)
(d) If a tolerance interval or a prediction interval is used to evaluate groundwater monitoring data, the levels of confidence and, for tolerance intervals, the percentage of the population that the interval must contain, shall be proposed by the owner or operator and approved by the department if it finds these parameters to be protective of human health and the environment. These parameters shall be determined after considering the number of samples in the background database, the data distribution and the range of the concentration values for each constituent of concern.
NR 664.0097(9)(e)
(e) The statistical method shall account for data below the limit of detection with one or more statistical procedures that are protective of human health and the environment. Any practical quantification limit (pql) approved by the department under sub.
(8) that is used in the statistical method shall be the lowest concentration level that can be reliably achieved within specified limits of precision and accuracy during routine laboratory operating conditions that are available to the facility.
NR 664.0097(9)(f)
(f) If necessary, the statistical method shall include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data.
NR 664.0097(10)
(10) Groundwater monitoring data collected in accordance with sub.
(7) including actual levels of constituents shall be maintained in the facility operating record. The department shall specify in the license when the data must be submitted for review.
NR 664.0097 History
History: CR 05-032: cr.
Register July 2006 No. 607, eff. 8-1-06.
NR 664.0098
NR 664.0098 Detection monitoring program. An owner or operator required to establish a detection monitoring program under this subchapter shall, at a minimum, discharge all of the following responsibilities:
NR 664.0098(1)
(1) The owner or operator shall monitor for indicator parameters (e.g., specific conductance, total organic carbon or total organic halogen), waste constituents or reaction products that provide a reliable indication of the presence of hazardous constituents in groundwater. The department shall specify the parameters or constituents to be monitored in the facility license, after considering all of the following factors:
NR 664.0098(1)(a)
(a) The types, quantities and concentrations of constituents in wastes managed at the regulated unit.
NR 664.0098(1)(b)
(b) The mobility, stability and persistence of waste constituents or their reaction products in the unsaturated zone beneath the waste management area.
NR 664.0098(1)(c)
(c) The detectability of indicator parameters, waste constituents and reaction products in groundwater.
NR 664.0098(1)(d)
(d) The concentrations or values and coefficients of variation of proposed monitoring parameters or constituents in the groundwater background.
