Chapter NR 507

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.

NR 507.17(7)(L) (L) Temperature.

NR 507.17(7)(m) (m) Leachate liner compatibility testing.

NR 507.17 Note Note: ASTM International publishes methods for these tests. Copies of ASTM methods may be obtained from: ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, [phone], www.astm.org.

NR 507.17 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: am. (4) and (5) Register January 2006 No. 601, eff. 2-1-06; corrections in (4) and (5) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688; CR 17-046: am. (4), (5) Register February 2021 No. 782, eff. 6-29-21; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register July 2021 No. 787.

NR 507.18 NR 507.18 Baseline groundwater quality sampling. An applicant for a proposed facility for all its monitoring wells and the owner or operator of an existing facility for its designated Subtitle D wells shall establish baseline groundwater quality in accordance with subs. (1) to (3). Owners or operators shall establish baseline groundwater quality at all new or replacement groundwater monitoring wells in accordance with sub. (4). The department may require the owners or operators of other facilities at which monitoring is required to establish baseline groundwater quality in accordance with sub. (4). Collection, handling and analysis of groundwater monitoring samples specified in subs. (1) to (4) shall be performed in accordance with ss. NR 507.16 and 507.17.

NR 507.18(1) (1) Baseline groundwater quality for detection monitoring parameters except vocs.

NR 507.18(1)(a) (a) Baseline groundwater quality shall be established at all wells that were installed outside the proposed limits of filling to evaluate the proposed facility. Samples shall be analyzed for each detection monitoring parameter as appropriate for the particular waste types accepted at the landfill. Chapter NR 507 Appendix I, Tables 1, 1A, and 2 indicate which parameters shall be analyzed for each waste type. The department may require additional parameters based on the waste types and waste characteristics accepted at the landfill.

NR 507.18(1)(b) (b) The owner or operator shall obtain and analyze a minimum of 8 samples to determine baseline groundwater quality for the parameters required under this subsection. For a proposed facility, a minimum of 4 samples, with at least 30 days between sampling rounds, shall be taken and analyzed and the results shall be submitted with the feasibility report. The remaining samples shall be taken with at least 30 days between sampling rounds and the results shall be submitted with the plan of operation unless otherwise approved in writing by the department.

NR 507.18(2) (2) Baseline groundwater quality for public health and welfare parameters not included as detection monitoring parameters in sub. (1).

NR 507.18(2)(a) (a) Unless otherwise specified by the department, baseline groundwater quality shall be established at all wells outside the proposed limits of filling which were installed to evaluate the proposed facility. Baseline water quality for these wells shall be established for the public health and welfare groundwater quality standards listed in ch. NR 507 Appendix I, Table 3.

NR 507.18(2)(b) (b) For a proposed facility, a minimum of 4 samples, with at least 30 days between sampling rounds, shall be collected and analyzed and the results shall be submitted with the feasibility report. Four additional samples, with at least 30 days between sampling rounds, shall be collected and analyzed for any parameter listed in ch. NR 507 Appendix I, Table 3 from any well which meets one or more of the following criteria:

NR 507.18(2)(b)1. 1. One of the initial 4 sample values attains or exceeds the ES for that parameter.

NR 507.18(2)(b)2. 2. Two or more of the initial 4 sample values attains or exceeds the PAL for that parameter.

NR 507.18(2)(b)3. 3. The average of the initial 4 sample values attains or exceeds the PAL for that parameter.

NR 507.18(2)(c) (c) If additional samples are required under par. (b), the results of the 4 additional samples shall be submitted in the plan of operation and in accordance with s. NR 507.26 (3).

NR 507.18(3) (3) Baseline groundwater quality for vocs.

NR 507.18(3)(a) (a) Baseline groundwater quality shall be established for all VOCs listed in ch. NR 507 Appendix III, at all monitoring wells outside the proposed limits of filling. Landfills designed to accept CCR and CCR landfills are exempt from baseline groundwater quality monitoring for VOCs.

NR 507.18(3)(b) (b) Samples shall be collected for VOC analysis from each well at the same time as the first and second sampling rounds for the other detection monitoring parameters. If any well has VOC parameters in concentrations above their limit of detection in either of the first 2 sampling rounds, that well shall be sampled for VOCs 2 additional times for a total of 4 sampling rounds. The results shall be submitted with the feasibility report and in accordance with s. NR 507.26 (3).

NR 507.18(4) (4) Baseline groundwater quality at new or replacement monitoring wells. All new or replacement groundwater monitoring wells installed after July 1, 1996, shall be sampled on a semi-annual basis beginning with the sampling event following installation for the parameters specified in subs. (1) to (3) to establish baseline groundwater quality. The results shall be submitted in accordance with s. NR 507.26 (3). The department may waive the requirement to establish baseline groundwater quality monitoring for a replacement well which is established in the same environment and proximity as the well being replaced.

NR 507.18(5) (5) Baseline groundwater quality sampling at CCR wells.

NR 507.18(5)(a) (a) Baseline groundwater quality shall be established by the owner or operator of a CCR landfill at all CCR wells installed outside the proposed limits of filling to evaluate groundwater quality in the uppermost aquifer beneath the CCR landfill as provided in par. (b). Samples shall be analyzed for each monitoring parameter as indicated under ch. NR 507 Appendix I, Tables 1A and 3 for detection and baseline monitoring for CCR wells.

NR 507.18(5)(b) (b) The owner or operator of a CCR landfill shall obtain, analyze, and submit the results from a minimum of 8 groundwater quality samples from each CCR well to the department to determine baseline groundwater quality for the parameters required under this subsection. The information shall be submitted as part of the plan of operation modification required under s. NR 514.045 or the feasibility report for a proposed landfill.

NR 507.18(5)(c) (c) The department may not approve a CCR landfill at a location where a preventive action limit or enforcement standard adopted under s. NR 140.10 or 140.12 has been attained or exceeded in the baseline monitoring sampling results unless the department grants an exemption to those standards in accordance with s. NR 140.28 as part of a CCR landfill feasibility determination, plan of operation approval, or plan of operation modification approval under s. NR 514.045.

NR 507.18(5)(d) (d) A preventive action limit for lithium shall be established by the department at each CCR well in accordance with s. NR 140.20 (2) (c) set at the background water quality plus 3 standard deviations.

NR 507.18 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; corrections in (1) (a), (2) (a), (3) (a) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688; CR 21-076: am. (1) (a), (3) (a), cr. (5) Register July 2022 No. 799, eff. 8-1-22.

NR 507.19 NR 507.19 Detection groundwater monitoring. Owners or operators of solid waste disposal facilities shall implement a detection groundwater monitoring program in accordance with this section and the approved plan of operation unless otherwise approved in writing by the department. If assessment monitoring is a required response in accordance with s. NR 508.05, the owner or operator shall continue detection monitoring at all wells without interruption unless the department approves otherwise. The department may require the owner or operator of a solid waste disposal facility to sample water supply wells in accordance with s. NR 507.20.

NR 507.19(1) (1) Number of required monitoring points. The number of required monitoring points and the proposed detection monitoring program shall be as approved in writing by the department based on the facility size, waste types, facility design and hydrogeologic and geologic setting of the facility. The detection monitoring program shall be adequate to determine upgradient and downgradient water quality, horizontal and vertical gradients and to detect any impacts from the facility on groundwater quality.

NR 507.19(2) (2) Sampling frequency. The minimum sampling frequency for detection groundwater monitoring shall be appropriate for the particular waste types accepted at the landfill and are listed in ch. NR 507 Appendix I, Tables 1, 1A, and 2. The department may approve other sampling frequencies in writing.

NR 507.19(3) (3) Sampling parameters. The sampling parameters required for detection groundwater monitoring shall be appropriate for the particular waste types accepted at the landfill. Chapter NR 507 Appendix I, Tables 1, 1A, and 2 indicate which sampling parameters are appropriate for each waste type. Chapter NR 507 Appendix III lists the volatile organic compounds to be sampled when a VOC scan is required. The department may approve other sampling parameters in writing. If 10 percent or more of a municipal solid waste landfill’s total design capacity consists of a waste type listed in ch. NR 507 Appendix I, Table 2, the detection monitoring program shall include the additional parameters listed in ch. NR 507 Appendix I, Table 2 for that waste type. The owner or operator may demonstrate that a parameter is not present in the waste or leachate. The department shall review such a demonstration and take the appropriate action.