Chapter NR 664

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.

NR 664.0098(2) (2) The owner or operator shall install a groundwater monitoring system at the point of standards application as specified under s. NR 664.0095. The groundwater monitoring system shall comply with s. NR 664.0097 (1) (b), (2) and (3).

NR 664.0098(3) (3) The owner or operator shall conduct a groundwater monitoring program for each chemical parameter and hazardous constituent specified in the license pursuant to sub. (1) in accordance with s. NR 664.0097 (7). The owner or operator shall maintain a record of groundwater analytical data as measured and in a form necessary for the determination of statistical significance under s. NR 664.0097 (8).

NR 664.0098(4) (4) The department shall specify the frequencies for collecting samples and conducting statistical tests to determine whether there is statistically significant evidence of contamination for any parameter or hazardous constituent specified in the license under sub. (1) in accordance with s. NR 664.0097 (7).

NR 664.0098(5) (5) The owner or operator shall determine the groundwater flow rate and direction in the uppermost aquifer at least annually.

NR 664.0098(6) (6) The owner or operator shall determine whether there is statistically significant evidence of contamination for any chemical parameter or hazardous constituent specified in the license pursuant to sub. (1) at a frequency specified under sub. (4).

NR 664.0098(6)(a) (a) In determining whether statistically significant evidence of contamination exists, the owner or operator shall use the methods specified in the license under s. NR 664.0097 (8). These methods shall compare data collected at the points of standards applications to the background groundwater quality data.

NR 664.0098(6)(b) (b) The owner or operator shall determine whether there is statistically significant evidence of contamination at each monitoring well at the point of standards application within a reasonable period of time after completion of sampling. The department shall specify in the facility license what period of time is reasonable, after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of groundwater samples.

NR 664.0098(7) (7) If the owner or operator determines pursuant to sub. (6) that there is statistically significant evidence of contamination for chemical parameters or hazardous constituents specified pursuant to sub. (1) at any monitoring well at the point of standards application, the owner or operator shall do all of the following:

NR 664.0098(7)(a) (a) Notify the department of this finding in writing within 7 days. The notification shall indicate what chemical parameters or hazardous constituents have shown statistically significant evidence of contamination.

NR 664.0098(7)(b) (b) Immediately sample the groundwater in all monitoring wells and determine whether constituents in the list of ch. NR 664 Appendix IX are present, and if so, in what concentration. However, the department may allow sampling for a site-specific subset of constituents from the ch. NR 664 Appendix IX list and other representative or related waste constituents.

NR 664.0098(7)(c) (c) For any ch. NR 664 Appendix IX compounds found in the analysis pursuant to par. (b), the owner or operator may resample within one month and repeat the analysis for those compounds detected. If the results of the second analysis confirm the initial results, then these constituents will form the basis for compliance monitoring. If the owner or operator does not resample for the compounds found pursuant to par. (b), the hazardous constituents found during this initial ch. NR 664 Appendix IX analysis will form the basis for compliance monitoring.

NR 664.0098(7)(d) (d) Within 90 days, submit to the department an application to modify the license to establish a compliance monitoring program meeting the requirements of s. NR 664.0099. The application shall include all of the following information:

NR 664.0098(7)(d)1. 1. An identification of the concentration of any ch. NR 664 Appendix IX constituent detected in the groundwater at each monitoring well at the point of standards application.

NR 664.0098(7)(d)2. 2. Any proposed changes to the groundwater monitoring system at the facility necessary to meet the requirements of s. NR 664.0099.

NR 664.0098(7)(d)3. 3. Any proposed additions or changes to the monitoring frequency, sampling and analysis procedures or methods, or statistical methods used at the facility necessary to meet the requirements of s. NR 664.0099.

NR 664.0098(7)(d)4. 4. For each hazardous constituent detected at the point of standards application, a proposed concentration limit under s. NR 664.0094 (1) (a) or (b), or a notice of intent to seek an alternate concentration limit under s. NR 664.0094 (2).

NR 664.0098(7)(e) (e) Within 180 days, submit to the department all of the following:

NR 664.0098(7)(e)1. 1. All data necessary to justify an alternate concentration limit sought under s. NR 664.0094 (2).

NR 664.0098(7)(e)2. 2. An engineering feasibility plan for a corrective action program necessary to meet the requirement of s. NR 664.0100, unless any of the following conditions are met:

NR 664.0098(7)(e)2.a. a. All hazardous constituents identified under par. (b) are listed in s. NR 664.0094, Table 1, and their concentrations do not exceed the respective values given in that table.

NR 664.0098(7)(e)2.b. b. The owner or operator has sought an alternate concentration limit under s. NR 664.0094 (2) for every hazardous constituent identified under par. (b).

NR 664.0098(7)(f) (f) If the owner or operator determines, pursuant to sub. (6), that there is a statistically significant difference for chemical parameters or hazardous constituents specified pursuant to sub. (1) at any monitoring well at the point of standards application, owner or operator may demonstrate that a source other than a regulated unit caused the contamination or that the detection is an artifact caused by an error in sampling, analysis or statistical evaluation or natural variation in the groundwater. The owner or operator may make a demonstration under this paragraph in addition to, or in lieu of, submitting an application to modify the license under par. (d); however, the owner or operator is not relieved of the requirement to submit an application to modify the license within the time specified in par. (d) unless the demonstration made under this paragraph successfully shows that a source other than a regulated unit caused the increase, or that the increase resulted from error in sampling, analysis or evaluation. In making a demonstration under this paragraph, the owner or operator shall do all of the following:

NR 664.0098(7)(f)1. 1. Notify the department in writing within 7 days of determining statistically significant evidence of contamination at the point of standards application that the owner or operator intends to make a demonstration under this paragraph.

NR 664.0098(7)(f)2. 2. Within 90 days, submit a report to the department which demonstrates that a source other than a regulated unit caused the contamination or that the contamination resulted from error in sampling, analysis or evaluation.

NR 664.0098(7)(f)3. 3. Within 90 days, submit to the department an application to modify the license to make any appropriate changes to the detection monitoring program for the facility.

NR 664.0098(7)(f)4. 4. Continue to monitor in accordance with the detection monitoring program established under this section.

NR 664.0098(8) (8) If the owner or operator determines that the detection monitoring program no longer satisfies the requirements of this section, owner or operator shall, within 90 days, submit an application to modify the license to make any appropriate changes to the program.

NR 664.0098 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; corrections in (7) (b), (c), (d) 1. made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: am. (4), (7) (b) Register July 2017 No. 739, eff. 8-1-17.

NR 664.0099 NR 664.0099 Compliance monitoring program. An owner or operator required to establish a compliance monitoring program under this subchapter shall, at a minimum, do all of the following:

NR 664.0099(1) (1) The owner or operator shall monitor the groundwater to determine whether regulated units are in compliance with the groundwater protection standard under s. NR 664.0092. The department shall specify the groundwater protection standard in the facility license, including all of the following:

NR 664.0099(1)(a) (a) A list of the hazardous constituents identified under s. NR 664.0093.

NR 664.0099(1)(b) (b) Concentration limits under s. NR 664.0094 for each of those hazardous constituents.

NR 664.0099(1)(c) (c) The point of standards application under s. NR 664.0095.

NR 664.0099(1)(d) (d) The compliance period under s. NR 664.0096.

NR 664.0099(2) (2) The owner or operator shall install a groundwater monitoring system at the point of standards application as specified under s. NR 664.0095. The groundwater monitoring system shall comply with s. NR 664.0097 (1) (b), (2) and (3).

NR 664.0099(3) (3) The department shall specify the sampling procedures and statistical methods appropriate for the constituents and the facility, consistent with s. NR 664.0097 (7) and (8).

NR 664.0099(3)(a) (a) The owner or operator shall conduct a sampling program for each chemical parameter or hazardous constituent in accordance with s. NR 664.0097 (7).

NR 664.0099(3)(b) (b) The owner or operator shall record groundwater analytical data as measured and in form necessary for the determination of statistical significance under s. NR 664.0097 (8) for the compliance period of the facility.

NR 664.0099(4) (4) The owner or operator shall determine whether there is statistically significant evidence of increased contamination for any chemical parameter or hazardous constituent specified in the license, pursuant to sub. (1), at a frequency specified under sub. (6).

NR 664.0099(4)(a) (a) In determining whether statistically significant evidence of increased contamination exists, the owner or operator shall use the methods specified in the license under s. NR 664.0097 (8). The methods shall compare data collected at the points of standards applications to a concentration limit developed in accordance with s. NR 664.0094.

NR 664.0099(4)(b) (b) The owner or operator shall determine whether there is statistically significant evidence of increased contamination at each monitoring well at the point of standards application within a reasonable time period after completion of sampling. The department shall specify that time period in the facility license, after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of groundwater samples.

NR 664.0099(5) (5) The owner or operator shall determine the groundwater flow rate and direction in the uppermost aquifer at least annually.

NR 664.0099(6) (6) The department shall specify the frequencies for collecting samples and conducting statistical tests to determine statistically significant evidence of increased contamination in accordance with s. NR 664.0097 (7).

NR 664.0099(7) (7) The owner or operator shall analyze samples from all monitoring wells at the point of standards application for all constituents contained in ch. NR 664 Appendix IX at least annually to determine whether additional hazardous constituents are present in the uppermost aquifer and, if so, at what concentration, pursuant to procedures in s. NR 664.0098 (6). If the owner or operator finds ch. NR 664 Appendix IX constituents in the groundwater that are not already identified in the license as monitoring constituents, the owner or operator may resample within one month and repeat the ch. NR 664 Appendix IX analysis. If the second analysis confirms the presence of new constituents, the owner or operator shall report the concentration of these additional constituents to the department within 7 days after the completion of the second analysis and add them to the monitoring list. If the owner or operator chooses not to resample, then the owner or operator shall report the concentrations of these additional constituents to the department within 7 days after completion of the initial analysis and add them to the monitoring list.

NR 664.0099(8) (8) If the owner or operator determines pursuant to sub. (4) that any concentration limits under s. NR 664.0094 are being exceeded at any monitoring well at the point of standards application the owner or operator shall do all of the following:

NR 664.0099(8)(a) (a) Notify the department of this finding in writing within 7 days. The notification shall indicate what concentration limits have been exceeded.

NR 664.0099(8)(b) (b) Submit to the department an application to modify the license to establish a corrective action program meeting the requirements of s. NR 664.0100 within 180 days, or within 90 days if an engineering feasibility study has been previously submitted to the department under s. NR 664.0098 (7) (e). The application shall at a minimum include all of the following information:

NR 664.0099(8)(b)1. 1. A detailed description of corrective actions that will achieve compliance with the groundwater protection standard specified in the license under sub. (1).

NR 664.0099(8)(b)2. 2. A plan for a groundwater monitoring program that will demonstrate the effectiveness of the corrective action. Such a groundwater monitoring program may be based on a compliance monitoring program developed to meet the requirements of this section.

NR 664.0099(9) (9) If the owner or operator determines, pursuant to sub. (4), that the groundwater concentration limits under this section are being exceeded at any monitoring well at the point of standards application, the owner or operator may demonstrate that a source other than a regulated unit caused the contamination or that the detection is an artifact caused by an error in sampling, analysis or statistical evaluation or natural variation in the groundwater. In making a demonstration under this subsection, the owner or operator shall do all of the following:

NR 664.0099(9)(a) (a) Notify the department in writing within 7 days that the owner or operator intends to make a demonstration under this subsection.

NR 664.0099(9)(b) (b) Within 90 days, submit a report to the department which demonstrates that a source other than a regulated unit caused the standard to be exceeded or that the apparent noncompliance with the standards resulted from error in sampling, analysis or evaluation.

NR 664.0099(9)(c) (c) Within 90 days, submit to the department an application to modify the license to make any appropriate changes to the compliance monitoring program at the facility.

NR 664.0099(9)(d) (d) Continue to monitor in accord with the compliance monitoring program established under this section.

NR 664.0099(10) (10) If the owner or operator determines that the compliance monitoring program no longer satisfies the requirements of this section, the owner or operator shall, within 90 days, submit an application to modify the license to make any appropriate changes to the program.

NR 664.0099 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: am. (6) Register July 2017 No. 739, eff. 8-1-17.

NR 664.0100 NR 664.0100 Corrective action program. An owner or operator required to establish a corrective action program under this subchapter shall, at a minimum, do all of the following:

NR 664.0100(1) (1) The owner or operator shall take corrective action to ensure that regulated units are in compliance with the groundwater protection standard under s. NR 664.0092. The department shall specify the groundwater protection standard in the facility license, including all of the following:

NR 664.0100(1)(a) (a) A list of the hazardous constituents identified under s. NR 664.0093.

NR 664.0100(1)(b) (b) Concentration limits under s. NR 664.0094 for each of those hazardous constituents.

NR 664.0100(1)(c) (c) The point of standards application under s. NR 664.0095.

NR 664.0100(1)(d) (d) The compliance period under s. NR 664.0096.

NR 664.0100(2) (2) The owner or operator shall implement a corrective action program that prevents hazardous constituents from exceeding their respective concentration limits at the point of standards application by removing the hazardous waste constituents or treating them in place. The license shall specify the specific measures that will be taken.

NR 664.0100(3) (3) The owner or operator shall begin corrective action within a reasonable time period after the groundwater protection standard is exceeded. The department shall specify that time period in the facility license. If a facility license includes a corrective action program in addition to a compliance monitoring program, the license shall specify when the corrective action will begin and such a requirement shall operate in lieu of s. NR 664.0099 (8) (b).

NR 664.0100(4) (4) In conjunction with a corrective action program, the owner or operator shall establish and implement a groundwater monitoring program to demonstrate the effectiveness of the corrective action program. Such a monitoring program may be based on the requirements for a compliance monitoring program under s. NR 664.0099 and shall be as effective as that program in determining compliance with the groundwater protection standard under s. NR 664.0092 and in determining the success of a corrective action program under sub. (5), where appropriate.

NR 664.0100(5) (5) In addition to the other requirements of this section, the owner or operator shall conduct a corrective action program to remove or treat in place any hazardous constituents under s. NR 664.0093 that exceed concentration limits under s. NR 664.0094 in groundwater at all of the following locations:

NR 664.0100(5)(a) (a) Between the point of standards application under s. NR 664.0095 and the downgradient property boundary.

NR 664.0100(5)(b) (b) Beyond the facility boundary, where necessary to protect human health and the environment, unless the owner or operator demonstrates to the satisfaction of the department that, despite the owner’s or operator’s best efforts, the owner or operator was unable to obtain the necessary permission to undertake that action. The owner or operator is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address the releases shall be determined on a case-by-case basis.

NR 664.0100(5)(c) (c) Corrective action measures under this subsection shall be initiated and completed within a reasonable period of time considering the extent of contamination.

NR 664.0100(5)(d) (d) Corrective action measures under this subsection may be terminated once the concentration of hazardous constituents under s. NR 664.0093 is reduced to levels below their respective concentration limits under s. NR 664.0094.

NR 664.0100(6) (6) The owner or operator shall continue corrective action measures during the compliance period to the extent necessary to ensure that the groundwater protection standard is not exceeded. If the owner or operator is conducting corrective action at the end of the compliance period, the owner or operator shall continue that corrective action for as long as necessary to achieve compliance with the groundwater protection standard. The owner or operator may terminate corrective action measures taken beyond the period equal to the active life of the waste management area (including the closure period) if the owner or operator can demonstrate, based on data from the groundwater monitoring program under sub. (4), that the groundwater protection standard of s. NR 664.0092 has not been exceeded for a period of 3 consecutive years.

NR 664.0100(7) (7) The owner or operator shall report in writing to the department on the effectiveness of the corrective action program. The owner or operator shall submit these reports annually.

NR 664.0100(8) (8) If the owner or operator determines that the corrective action program no longer satisfies the requirements of this section, the owner or operator shall, within 90 days, submit an application to modify the license to make any appropriate changes to the program.

NR 664.0100 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (7) Register July 2017 No. 739, eff. 8-1-17.

NR 664.0101 NR 664.0101 Corrective action for solid waste management units.

NR 664.0101(1) (1) The owner or operator of a facility seeking a license for the treatment, storage or disposal of hazardous waste shall institute corrective action as necessary to protect human health and the environment for all releases of hazardous waste or constituents from any solid waste management unit at the facility, regardless of the time at which waste was placed in the unit.

NR 664.0101(2) (2) Corrective action shall be specified in the license in accordance with this section and subch. S. The license shall contain schedules of compliance for the corrective action, where the corrective action cannot be completed prior to issuance of the license, and assurances of financial responsibility for completing the corrective action. Corrective action requirements shall be consistent with s. 291.37, Stats. Financial assurance requirements regarding corrective action requirements shall be consistent with s. 289.41 (2) to (12), Stats.

NR 664.0101(3) (3) The owner or operator shall implement corrective actions beyond the facility property boundary, where necessary to protect human health and the environment, unless the owner or operator demonstrates to the satisfaction of the department that, despite the owner’s or operator’s best efforts, the owner or operator was unable to obtain the necessary permission to undertake the actions. The owner or operator is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address the releases shall be determined on a case-by-case basis. Assurances of financial responsibility for the corrective action shall be provided.

NR 664.0101(4) (4) The requirements of this section do not apply to remediation waste management sites unless they are part of a facility subject to a license for treating, storing or disposing of hazardous wastes that are not remediation wastes.