Chapter NR 507

NR 507.06(1) (1) Drilling method. Drilling fluids may not be used for installing monitoring wells unless no reasonable alternative exists. If drilling fluids are used, the driller shall document the type of fluids used and the chemical constituents of the mixture. If water is used, the source of the water shall be identified and the water shall be analyzed for all detection groundwater monitoring parameters listed in ch. NR 507 Appendix I, Table 1, under municipal solid waste. The drilling method shall meet all of the following:

NR 507.06(1)(a) (a) Bedrock drilling shall be performed in accordance with s. NR 507.05 and ch. NR 141.

NR 507.06(1)(b) (b) Standard penetration tests shall be performed while drilling in soil. Soil drilling methods in fine grained soil environments shall allow the driller to obtain undisturbed soil samples. If a drilling method does not allow for standard penetration tests, then the shear strength of the recovered fine-grained soil samples shall be estimated and recorded in the field with a pocket penetrometer or vane shear.

NR 507.06(1)(c) (c) If the drilling method does not allow the required soil or rock sampling to be performed, a separate boring shall be drilled adjacent to the monitoring well to provide the necessary information.

NR 507.06(2) (2) Borehole abandonment. If any borehole is deeper than the well to be placed in it, the portions of the borehole below the well screen shall be properly sealed in accordance with ss. NR 507.08 and 141.25 (2) (d).

NR 507.06(3) (3) In-field hydraulic conductivity test. An in-field test shall be conducted on each well to determine the in-situ hydraulic conductivity. The test shall be of long enough duration and include sufficient data to provide a representative estimate of the actual hydraulic conductivity.

NR 507.06 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; correction in (1) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688.

NR 507.07 NR 507.07 Groundwater monitoring well development. All groundwater monitoring wells shall be properly developed following installation in accordance with s. NR 141.21 and this section. To determine the effectiveness of the development, a sample shall be taken from the well within 24 hours of completion of development and analyzed for total suspended solids. Additional purging is not required prior to taking the sample. If drilling fluids were used during well construction, the sample shall also be tested for COD.

NR 507.07 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 507.08 NR 507.08 Boring and well abandonment. All monitoring wells and boreholes shall be abandoned in accordance with s. NR 141.25 and this section.

NR 507.08(1) (1) Timeline. All boreholes not instrumented with a well shall be abandoned immediately after completion of drilling and soil sampling.

NR 507.08(2) (2) Abandonment of water supply wells. Water supply wells which are required to be abandoned shall be abandoned and documented in accordance with s. NR 812.26.

NR 507.08 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 507.09 NR 507.09 Leachate head well design and installation. All leachate head wells required under s. NR 504.09 (2) (i) shall be located, designed and installed so as to obtain reliable and representative information regarding the leachate head levels within the landfill. Leachate head wells in landfills with a composite liner shall be designed with risers on the sideslopes. Landfills with a clay liner shall use a vertical leachate head well design. All leachate headwells shall be documented in accordance with s. NR 507.14 (1) and (5) (a).

NR 507.09 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 507.10 NR 507.10 Collection basin lysimeter design and installation. All collection basin lysimeters required under s. NR 504.06 (5) (u) shall be located, designed and installed so as to obtain reliable and representative information regarding movement of liquid through the landfill liner. All collection basin lysimeters shall be documented in accordance with s. NR 507.14 (1) and (5) (a).

NR 507.10 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 507.11 NR 507.11 Gas monitoring well design and installation. All gas monitoring wells shall be designed, installed and documented in accordance with ss. NR 507.04, 507.05, 507.06 (1) and (2) and 507.14 and the requirements of this section unless the department approves alternate methods in writing. All gas monitoring wells shall be designed, located, installed and maintained so as to obtain reliable and representative information regarding soil conditions and gas concentrations.

NR 507.11(1) (1) Timing of installation. Where gas monitoring is required, gas monitoring wells shall be installed at the same time that adjacent areas of the landfill liner are constructed.

NR 507.11(2) (2) Design. All gas monitoring wells shall be constructed with a shut-off valve to prevent the escape of gas from the sampling device and minimize the amount of inflow of air from the atmosphere.

NR 507.11(3) (3) Location. All gas monitoring wells shall meet both of the following:

NR 507.11(3)(a) (a) Wells shall extend to the maximum depth of waste or to the low seasonal groundwater level whichever is encountered first. The screened length shall extend from 5 feet below ground surface to the bottom of the well.

NR 507.11(3)(b) (b) Wells shall be located within 150 feet of the edge of waste unless otherwise approved by the department.

NR 507.11 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 507.12 NR 507.12 Other monitoring device design and installation. The department may require other monitoring devices based on an evaluation of the potential for environmental impacts and the risk those impacts pose to human health and the environment.

NR 507.12 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 507.13 NR 507.13 Inspections and replacement devices. The facility owner or operator shall inspect at least annually all monitoring devices installed for field investigations conducted under this chapter. Sampling personnel shall inspect all monitoring devices each time the device is sampled or a water level elevation is measured. If for any reason a monitoring device is damaged, provides a conduit to the subsurface or otherwise fails to function properly, the facility owner or operator shall notify the department in writing within 10 days after discovery. The device shall be repaired if possible. If the device cannot be repaired, it shall be properly abandoned and replaced within 60 days unless otherwise approved in writing by the department. Replacement and abandonment of groundwater monitoring wells shall be in accordance with ch. NR 141 and this chapter. If the device is replaced, the replacement device shall be given the same number as the device it replaced followed by the letter “R” to indicate it is a replacement, unless otherwise approved in writing by the department. An additional “R” shall be added each time the device is replaced.

NR 507.13 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 507.14 NR 507.14 Documentation of monitoring devices and geologic sampling. All well construction and abandonment, well development, and boring advancement and abandonment activities shall be documented and reported to the department in accordance with s. NR 141.23 and this section. These activities shall be documented in all major plan submittals including initial site reports, feasibility reports, plans of operation, construction documentation or environmental contamination assessment reports. If no plan is being prepared at the time of these activities, documentation of the activities shall be submitted to the department within 60 days after the activities.

NR 507.14(1) (1) Well location. Documentation of all well locations shall be done in accordance with s. NR 141.065.

NR 507.14(2) (2) Soil and bedrock description. Documentation of soils and bedrock shall include all of the following:

NR 507.14(2)(a) (a) A description of each major soil sample unit including its structure, mottling, voids, layering, lenses and geologic origin and visual classification according to the unified soil classification system.

NR 507.14(2)(b) (b) A description of any continuous bedrock core samples including percent recovery, RQD and fracture frequency.

NR 507.14(3) (3) Boring logs. Boring logs shall include all of the following:

NR 507.14(3)(a) (a) Elevations of land surface and bottom of boring, corrected to national geodetic survey datum.

NR 507.14(3)(b) (b) If the boring is converted to a well, the water level at the time of drilling, date of water level measurement and a well construction diagram on the boring log.

NR 507.14(4) (4) Boring and well abandonment documentation. Documentation of the abandonment of wells and borings shall include all of the following:

NR 507.14(4)(a) (a) If the well is a public or private water supply well, any forms required under ss. NR 812.10 and 812.26.

NR 507.14(4)(b) (b) Updated forms previously submitted to the department such as the groundwater monitoring well information form, to reflect the current condition of the monitoring system.

NR 507.14(5) (5) Forms. Documentation of activities performed under this chapter shall be submitted on the most recent version of the department forms listed in this subsection and included in ch. NR 507 Appendix V, and be completed as instructed. All the information on the forms and instructions in ch. NR 507 Appendix V shall be provided on the appropriate form included in ch. NR 507 Appendix V. The department may approve replicate forms generated by the facility owner or operator for use in submitting the required information. The forms include:

NR 507.14(5)(a) (a) Groundwater monitoring well information form 4400-089, for use whenever monitoring points are added or removed from the monitoring system, including water supply wells. Within 6 months following July 1, 1996, all owners and operators of solid waste landfills where monitoring is required shall submit a completed form which includes the current condition of all existing and former monitoring points and whether the well is a Subtitle D well. Following this submittal of the form, future submittals may contain only the changes to the monitoring network being documented.

NR 507.14(5)(b) (b) Groundwater monitoring inventory form 3300-067 for all water supply wells.

NR 507.14(5)(c) (c) Monitoring well construction form 4400-113A.

NR 507.14(5)(d) (d) Monitoring well development form 4400-113B.

NR 507.14(5)(e) (e) Well/drillhole/borehole abandonment form 3300-005.

NR 507.14(5)(f) (f) Soil boring log information form 4400-122.

NR 507.14 Note Note: The forms and software for submitting the forms electronically are available at http://dnr.wi.gov/topic/Groundwater/forms.html. The forms and the software may also be obtained from the department of natural resources, bureau of waste management, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707-7921, [phone], [e-mail].

NR 507.14(6) (6) Miscellaneous. The owner or operator shall document raw data and calculated results of in-situ hydraulic conductivity tests, water level measurements and dates, computations of well yield, if determined and any changes in well construction, casing elevation and other features subsequent to drilling.

NR 507.14 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: am. (5) (a), (b) and (e) Register January 2006 No. 601, eff. 2-1-06; correction in (5) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688; CR 18-095: am. (4) (a) Register June 2020 No. 774, eff. 7-1-20.

NR 507.15 NR 507.15 General requirements for environmental monitoring.

NR 507.15(1) (1) All facilities. The department may require the owner or operator of any landfill, or any person who permits the use of property for that purpose, to conduct environmental monitoring in accordance with this chapter and with plans approved by the department. Environmental monitoring includes but is not limited to monitoring of groundwater, the unsaturated zone, leachate, lysimeter fluid, gas, gas condensate, surface water, public or private water supplies, air or other physical features. Monitoring procedures and results shall be documented and submitted to the department in accordance with ss. NR 507.14 and 507.26.

NR 507.15(2) (2) Facilities in operation on or after October 9, 1993. The owner or operator of a landfill which accepted municipal solid waste on or after October 9, 1993, except facilities which received less than 100 tons per day on an annual basis and which ceased accepting solid waste prior to April 9, 1994, shall perform all of the following:

NR 507.15(2)(a) (a) Propose in the feasibility report for any new facility or expansion of an existing facility, a minimum of 4 groundwater monitoring wells to serve as Subtitle D wells. The department shall review the proposal and approve the proposed wells or choose alternative wells.

NR 507.15(2)(b) (b) Propose to the department a detection monitoring program, including baseline groundwater quality, leachate and lysimeter monitoring and Subtitle D well locations, in accordance with s. NR 507.19 in a feasibility report or for existing facilities according to the following schedule:

NR 507.15(2)(b)1. 1. For facilities licensed to receive greater than 500,000 cubic yards, the owner or operator shall submit the proposal for implementation within 60 days after July 1, 1996.

NR 507.15(2)(b)2. 2. For facilities licensed to receive less than 500,000 cubic yards, the owner or operator shall submit the proposal for implementation by October 9, 1996.

NR 507.15(2)(c) (c) Implement a detection monitoring program in accordance with plans approved by the department and including assessment monitoring if necessary.

NR 507.15(2)(d) (d) Propose to the department a quarterly gas monitoring program in accordance with s. NR 507.22 for implementation within 60 days after July 1, 1996 at existing facilities or in a feasibility report.

NR 507.15(2)(e) (e) Implement a quarterly gas monitoring program in accordance with plans approved by the department.

NR 507.15(3) (3) CCR landfills. In addition to the detection groundwater monitoring system required under s. NR 507.19, the owner or operator of a CCR landfill that accepts CCR on or after October 19, 2015, shall also submit a plan establishing a separate CCR groundwater monitoring system for the purpose of monitoring groundwater quality in the uppermost aquifer in accordance with this chapter. The plan shall be submitted with the plan of operation modification for initial permitting in accordance with s. NR 514.045 or in the feasibility report under ch. NR 512.

NR 507.15(3)(a) (a) The CCR groundwater monitoring system shall consist of a sufficient number of CCR wells, installed at appropriate locations and depths, as approved by the department, adequate to yield groundwater samples from the uppermost aquifer that accurately represent upgradient groundwater quality that has not been affected by leakage from a CCR landfill and downgradient groundwater quality passing the waste boundary of the CCR landfill. The downgradient monitoring wells shall be installed to ensure detection of groundwater contamination in the uppermost aquifer, including all known or suspected contaminant pathways.

NR 507.15(3)(b) (b) The number, spacing, and depths of monitoring wells submitted to the department as part of the CCR groundwater monitoring system plan shall be determined based upon site-specific technical information that shall include thorough characterization of aquifer thickness, groundwater flow rate, and groundwater flow direction, including seasonal and temporal fluctuations in groundwater flow. The monitoring systems shall also take into account the saturated and unsaturated geologic units and fill materials overlying the uppermost aquifer, materials comprising the uppermost aquifer, and materials comprising the confining unit defining the lower boundary of the uppermost aquifer, including thicknesses, stratigraphy, lithology, hydraulic conductivities, porosities, and effective porosities.

NR 507.15(3)(c) (c) The CCR groundwater monitoring system plan shall include the minimum number of monitoring wells necessary to meet the performance standards specified under par. (a), based on the site-specific information specified under par. (b). The groundwater monitoring system plan shall contain all of the following:

NR 507.15(3)(c)1. 1. A minimum of one upgradient and 3 downgradient monitoring wells to be designated as CCR wells.

NR 507.15(3)(c)2. 2. Additional monitoring wells as necessary to accurately represent the background groundwater quality in the uppermost aquifer that has not been affected by leakage from the CCR landfill and the quality of groundwater passing the waste boundary of the CCR landfill.

NR 507.15(3)(d) (d) Monitoring wells shall be designed and installed in accordance with s. NR 507.06 and regularly inspected in accordance with s. NR 507.13. All monitoring wells, piezometers, and other measuring, sampling, and analytical devices shall be operated and maintained so that the devices perform to the design specifications throughout the life of the monitoring program.

NR 507.15(3)(e) (e) The documentation of the design, installation, development, and decommissioning of any monitoring wells, piezometers, and other measurement, sampling, and analytical devices shall be performed in accordance with s. NR 507.14 and applicable requirements under ch. NR 141. This includes submission of all required forms to the department in the timeframes specified.

NR 507.15(3)(f) (f) A sampling plan that includes the CCR groundwater monitoring system shall be submitted to the department in accordance with s. NR 507.16 and the requirements under s. NR 140.16. The sampling plan shall include consistent sampling and analysis procedures that are designed to ensure the production of monitoring results that provide an accurate representation of groundwater quality in the uppermost aquifer at the upgradient and downgradient CCR wells and that provide a characterization of leachate quality generated by the CCR landfill. The sampling plan shall be implemented as approved in writing by the department.

NR 507.15(3)(g) (g) The sampling plan shall include sampling and analytical methods that are appropriate for groundwater sampling and that accurately measure all required monitoring parameters under ch. NR 507, Appendix I in groundwater samples. The CCR landfill owner or operator shall obtain and analyze samples in accordance with the approved sampling plan under par. (f) and the requirements under s. NR 507.17.

NR 507.15(3)(h) (h) In addition to the field measurements required under s. NR 507.17 (1), the groundwater elevations shall be measured in each CCR well immediately prior to purging, each time groundwater is sampled. The owner or operator of the CCR landfill shall determine the rate and direction of groundwater flow each time groundwater is sampled and report the result to the department in accordance with s. NR 507.26. Groundwater elevations in wells that monitor the same CCR landfill shall be measured within a timeframe short enough to avoid temporal variations in groundwater flow that could preclude accurate determination of groundwater flow rate and direction.

NR 507.15(3)(i) (i) The owner or operator of the CCR landfill shall establish baseline groundwater quality in accordance with s. NR 507.18 for each CCR well and for each of the constituents required under ch. NR 507 Appendix I, Table 1A and in accordance with the approved sampling plan.

NR 507.15(3)(j) (j) The owner or operator of the CCR landfill shall measure total recoverable metals concentrations when measuring groundwater quality for each CCR well. Measurement of total recoverable metals includes both the particulate fraction and dissolved fraction of metals in natural waters. To ensure this, groundwater samples from CCR wells may not be field filtered prior to analysis.

NR 507.15(3)(k) (k) The owner or operator of the CCR landfill shall notify the department in writing within 60 days of completing sampling and analysis at any CCR well when a groundwater standard at the point of standards application has been attained or exceeded in accordance with s. NR 507.30.

NR 507.15(3)(L) (L) The owner or operator of a CCR landfill shall conduct detection groundwater monitoring at all CCR wells consistent with the requirements of this section and s. NR 507.19. Detection groundwater monitoring shall include groundwater monitoring for all constituents appropriate for CCR wells as listed under ch. NR 507 Appendix I, Table 1A and additional parameters if approved by the department in writing and in accordance with all of the following:

NR 507.15(3)(L)1. 1. The minimum monitoring frequency for the constituents approved by the department as part of the detection groundwater monitoring shall be semi-annual during the active life of the CCR landfill and the post-closure period. For existing and new CCR landfills and all lateral expansions of CCR landfills, baseline groundwater quality shall be established at each CCR monitoring well in accordance with s. NR 507.18. This includes the collection of a minimum of 8 independent groundwater quality samples for each CCR well, each of which shall be analyzed for all constituents appropriate for CCR landfills as listed under ch. NR 507 Appendix I, Tables 1A and 3 and any additional parameters approved by the department in writing.

NR 507.15(3)(L)2. 2. The number and methodology of groundwater quality samples collected and analyzed for each CCR well during subsequent semiannual sampling events shall be consistent with the approved sampling plan under s. NR 507.16, and shall account for any unique characteristics of the site. The CCR landfill owner or operator shall inform the department in accordance with s. NR 507.26 of any CCR well that purges dry, is damaged or obstructed, or in any way is rendered such that a sample was unable to be collected from the well during a scheduled sampling event and shall propose remedial actions to correct the problem prior to the next sampling event.

NR 507.15(3)(L)3. 3. The owner or operator of the CCR landfill shall notify the department and respond in accordance with s. NR 507.30 when a groundwater standard at the point of standards application has been attained or exceeded at any CCR well. This response includes the establishment of an assessment monitoring program meeting the requirements under s. NR 508.06, unless the exceedance is determined by the department to be from a source other than the CCR landfill, or that the groundwater standard exceedance resulted from error in sampling, analysis, or natural variation in background groundwater quality in accordance with s. NR 508.06 (2) (f) 2.

NR 507.15(3)(L)4. 4. For the purposes of determining the point of standards application for a groundwater quality exceedance at a CCR well, the horizontal distance for the design management zone under s. NR 140.22 (3) (a) for a CCR landfill is 0 feet from the waste boundary and may not be expanded by the department under s. NR 140.22 (3) (b). The waste boundary shall include the horizontal space taken up by any liner, dike, or other barrier designed to contain CCR waste.

NR 507.15(3)(m) (m) The owner or operator of a CCR landfill shall prepare an annual groundwater monitoring and corrective action report for submittal to the department. The annual groundwater monitoring and corrective action report shall be placed in the written operating record and posted on a publicly accessible internet site under s. NR 506.17 (2) and (3) no later than January 31 of the year following the calendar year a groundwater monitoring system has been approved by the department, and annually thereafter. For the preceding calendar year, the annual report shall document the status of the groundwater monitoring and any corrective action implemented at the CCR landfill, summarize key actions completed, describe any problems encountered, discuss actions to resolve the problems, and project key activities for the upcoming year. At a minimum, the annual groundwater monitoring and corrective action report shall contain all of the following information, to the extent available:

NR 507.15(3)(m)1. 1. A map, aerial image, or diagram showing the CCR landfill and all upgradient and downgradient monitoring wells, including the well identification numbers, that are part of the groundwater monitoring for the CCR landfill.

NR 507.15(3)(m)2. 2. Identification of any monitoring wells that were installed or decommissioned during the preceding year, along with a narrative description of why those actions were taken.

NR 507.15(3)(m)3. 3. In addition to all the monitoring data obtained under par. (L), a summary including the number of groundwater samples that were collected for analysis for each upgradient and downgradient well, the dates the samples were collected, and whether the sample was required by detection monitoring or assessment monitoring.

NR 507.15(3)(m)4. 4. A narrative discussion of any transition between monitoring including the date and circumstances for transitioning from detection monitoring to assessment monitoring in addition to identifying any constituents detected above ch. NR 140 standards.

NR 507.15(3)(m)5. 5. A section at the beginning of the annual report that provides an overview of the current status of groundwater monitoring and corrective action for the CCR landfill. At a minimum, the summary shall include all of the following:

NR 507.15(3)(m)5.a. a. At the start of the current annual reporting period, whether the CCR landfill was operating under detection monitoring or assessment monitoring.

NR 507.15(3)(m)5.b. b. At the end of the current annual reporting period, whether the CCR landfill was operating under detection monitoring or assessment monitoring.

NR 507.15(3)(m)5.c. c. If it was determined by the owner or operator that there was a groundwater quality exceedance under ch. NR 140 for one or more constituents listed under ch. NR 507 Appendix I for CCR wells, a listing of those constituents, the names of the monitoring wells associated with the exceedances, and the date when the assessment monitoring was initiated for the CCR landfill.

NR 507.15(3)(m)5.d. d. If corrective action measures were required, the date when the assessment of corrective measures was initiated for the CCR landfill, the date when the public informational hearing under s. NR 508.06 (3) (e) was held for the discussion of the results of the remedial action options report, and the date when the assessment of corrective measures was completed.

NR 507.15(3)(m)5.e. e. If a remedy was required under ch. NR 508 during the annual reporting period, the date of remedy selection, and whether remedial activities were initiated or are ongoing during the annual reporting period.