Chapter NR 507

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.

NR 507.15 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; CR 21-076: cr. (3) Register July 2022 No. 799, eff. 8-1-22; correction in (3) (intro.), (i), (m) 3., 5. c. made under s. 35.17, Stats., Register July 2022 No. 799.

NR 507.16 NR 507.16 Sampling plan. The owner or operator shall submit a sampling plan for all monitoring devices at the facility for approval as part of the feasibility report. The sampling plan shall be implemented as approved in writing by the department. The sampling plan shall follow procedures and methodologies specified by the department and shall comply with the requirements in s. NR 140.16.

NR 507.16 Note Note: The department developed the Groundwater Sampling Desk Reference, PUBL-DG-037 96, document sales stock no. 1728D, September 1996, and Groundwater Sampling Field Manual, PUBL-DG-038 96, document sales stock no. 1729D, September 1996. These publications are available at http://dnr.wi.gov/org/water/dwg/gw/pubdnld.htm. They may also be obtained from the department of administration, document sales & distribution, 4622 University Avenue, Madison, WI 53705-2156, [phone], http://docsales.wi.gov. The reference and manual are available for inspection at the offices of the department of natural resources, the legislative reference bureau and the secretary of state.

NR 507.16(1) (1) Contents of sampling plan. At a minimum, the following information shall be included in the sampling plan:

NR 507.16(1)(a) (a) An 8 1/2 by 11 inch site map showing locations of all sample points and devices. An 11 by 17 inch site map may be included if clarity is compromised using the 8 1/2 by 11 inch size. Different symbols shall be used to differentiate types of monitoring devices such as groundwater monitoring wells, collection lysimeters and gas monitoring wells. Each sample point shall be labeled.

NR 507.16(1)(b) (b) A sample schedule, including all of the following:

NR 507.16(1)(b)1. 1. The months that each sample point is to be sampled.

NR 507.16(1)(b)2. 2. The sampling period, as designated by the department.

NR 507.16(1)(b)3. 3. The list of parameters that are to be analyzed for in the sample from each monitoring device during each month that sampling occurs.

NR 507.16(1)(c) (c) Procedures for field measurements, including all of the following:

NR 507.16(1)(c)1. 1. The order in which wells should be sampled if the groundwater has been impacted by regulated or other activities.

NR 507.16(1)(c)2. 2. The procedures and type of equipment used to measure water level elevations.

NR 507.16(1)(c)3. 3. The procedures and type of equipment used to measure temperature, pH, conductivity and procedures to determine turbidity, odor and color.

NR 507.16(1)(d) (d) Procedures for purging wells, including all of the following:

NR 507.16(1)(d)1. 1. Procedures to purge wells prior to collecting samples.

NR 507.16(1)(d)2. 2. Procedures for determining the volume of water to be removed from each well.

NR 507.16(1)(d)3. 3. The type of equipment used to purge wells.

NR 507.16(1)(d)4. 4. The rate of flow while purging, when applicable.

NR 507.16(1)(d)5. 5. Procedures to clean purging equipment between wells.

NR 507.16(1)(d)6. 6. The amount of time required between purging and sampling.

NR 507.16(1)(e) (e) Procedures for obtaining samples from wells, including all of the following:

NR 507.16(1)(e)1. 1. Procedures and type of equipment used to retrieve samples.

NR 507.16(1)(e)2. 2. Volume of sample required for analysis.

NR 507.16(1)(e)3. 3. Procedures and type of equipment to filter samples, including when to filter and when not to filter samples, if applicable.

NR 507.16(1)(e)4. 4. The rate of flow when sampling, when applicable.

NR 507.16(1)(e)5. 5. Procedures and type of equipment to physically and chemically preserve samples.

NR 507.16(1)(e)6. 6. Procedures to clean sampling equipment following sampling of one well and prior to sampling the next well.

NR 507.16(1)(f) (f) Procedures for establishing field quality assurance and quality control, including all of the following:

NR 507.16(1)(f)1. 1. Field blank, duplicate sample and trip blank procedures.

NR 507.16(1)(f)2. 2. The frequency at which the field blanks, duplicate samples and trip blanks will be collected or processed.

NR 507.16(1)(g) (g) Special procedures to sample water supply wells.

NR 507.16(1)(h) (h) Special procedures to sample leachate headwells and other devices.

NR 507.16(1)(i) (i) Chain of custody procedures, including persons responsible for sampling and methods for transporting samples to the laboratory.

NR 507.16(2) (2) Availability of sampling plan. A copy of the approved sampling plan shall be kept at the facility or at the office of the facility owner and a copy shall be provided to the sampling personnel for use during sampling. The approved sampling plan shall be followed unless the department is notified of and concurs with modifications. The owner or operator shall submit documentation of the approved changes to the department within 90 days. The owner or operator shall retain field records of all monitoring activities throughout the long-term care period.

NR 507.16 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 507.17 NR 507.17 Sampling, analysis, and laboratory requirements. This section applies to all sampling required under chs. NR 507 and 508. The owner or operator shall obtain and analyze samples according to the approved sampling plan and the following requirements:

NR 507.17(1) (1) Field measurements. The owner or operator shall observe and record physical measurements in the field at the time of sampling each groundwater monitoring well or leachate well, including all of the following:

NR 507.17(1)(a) (a) Water level elevation. Water level elevations shall be measured prior to purging the well for sampling and recorded to the nearest 0.01 foot. The elevation shall be corrected to national geodetic survey datum. The measuring point shall be the top of the well casing and shall be identified on the well itself if the top of the casing is not level.

NR 507.17(1)(b) (b) Physical appearance. The physical appearance of the sample, including color, odor and turbidity, shall be recorded at the time of sampling.

NR 507.17(1)(c) (c) Chemical measurements. Field specific conductance at 25°C and field pH shall be measured immediately following purging of each well. If the well can be purged dry, these measurements shall be taken when the sample is collected. Field specific conductance readings shall be corrected to 25°C if the meter used does not automatically correct for temperature.

NR 507.17(2) (2) Sample collection. Samples shall be collected in accordance with the approved sampling plan under s. NR 507.16.

NR 507.17(3) (3) Analytical parameters. The analytical parameters which shall be used for environmental monitoring under this chapter are listed in ch. NR 507 Appendices I through IV. The department may require analysis of additional parameters depending on the characteristics of the waste, the raw process materials used, or the provisions of ch. NR 140.

NR 507.17(4) (4) Analytical methods. Groundwater, lysimeter and leachate samples shall be handled and analyzed in accordance with the requirements of methods listed in subch. VII of ch. NR 149. Screening methods may not be used unless approved in writing by the department. Water supply samples shall be handled in accordance with s. NR 507.20. The department may approve alternative analytical methods under s. NR 149.42.

NR 507.17(5) (5) Laboratory requirements. All chemical analyses shall be conducted by a laboratory certified under s. 299.11, Stats., and ch. NR 149. The limit of detection and the limit of quantitation shall be determined according to s. NR 149.48 (2) and (3). The analytical laboratory shall meet the requirements of the analytical method and ch. NR 149. Section NR 140.16 (4) applies to analytical results that do not meet the requirements of this subsection.

NR 507.17 Note Note: Subchapter VII of ch. NR 149 requires each laboratory to maintain a quality control program and to document the quality control data. The same subchapter allows the department to request a copy of quality control data to be submitted for its review.

NR 507.17(6) (6) Data reporting requirements. The owner or operator shall report laboratory quality control indicators in accordance with s. NR 507.26 (3) (b).

NR 507.17(7) (7) Other/test requirements. The following tests shall be performed using department guidance, or if no guidance is available, current industry standards or procedures:

NR 507.17(7)(a) (a) Physical tests of soil.

NR 507.17(7)(b) (b) Physical tests of waste.

NR 507.17(7)(c) (c) Chemical tests of waste.

NR 507.17(7)(d) (d) Air quality tests.

NR 507.17(7)(e) (e) Gas tests.

NR 507.17(7)(f) (f) Field pH tests.

NR 507.17(7)(g) (g) Field conductivity tests.

NR 507.17(7)(h) (h) Product quality testing.

NR 507.17(7)(i) (i) Nutrient testing of soils and waste.

NR 507.17(7)(j) (j) Turbidity tests.

NR 507.17(7)(k) (k) Water elevation.