Chapter NR 507

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.

NR 507.19(4) (4) Preventive action limits. Preventive action limits for inorganic detection monitoring parameters shall be calculated in accordance with s. NR 507.27.

NR 507.19 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; corrections in (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688; CR 21-076: am. (2), (3) Register July 2022 No. 799, eff. 8-1-22; correction in (3) made under s. 35.17, Stats., Register July 2022 No. 799.

NR 507.20 NR 507.20 Water supply well monitoring. The department may require the owner or operator to sample water supply wells as part of a detection groundwater monitoring program or to determine the extent of groundwater contamination.

NR 507.20(1) (1) Water supply well samples.

NR 507.20(1)(a) (a) Water supply well samples shall be collected and handled in accordance with the procedures specified in ch. NR 809.

NR 507.20(1)(b) (b) Water supply well samples shall be analyzed by methods equivalent to, or at least as stringent as, methods specified in ch. NR 809. If VOCs are required for analysis, results for all VOCs listed in ch. NR 507 Appendix III shall be reported to the department.

NR 507.20(1)(c) (c) Water supply well samples may not be filtered.

NR 507.20(2) (2) Notification of refusal to grant access. If a property owner refuses access to a water supply well, the owner or operator shall notify the department in accordance with s. NR 507.26 (2) (b).

NR 507.20(3) (3) Private water supply well documentation. The owner or operator of a solid waste disposal facility which is required by the department to sample private wells shall do each of the following during the first round of sampling after July 1, 1996:

NR 507.20(3)(a) (a) Attach a label supplied by the department to each private well.

NR 507.20(3)(b) (b) Submit to the department along with the sampling results all the information on the groundwater monitoring inventory form 3300-067 for each well.

NR 507.20 Note Note: The form is available at http://dnr.wi.gov/topic/Groundwater/forms.html. It may also be obtained from the department of natural resources, bureau of waste management, 101 South Webster Street, P.O. Box 7921, Madison, WI 53707-7921, [phone], [e-mail].

NR 507.20 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: am. (1) (a), (b) and (3) (b) Register January 2006 No. 601, eff. 2-1-06; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688.

NR 507.21 NR 507.21 Lysimeter fluid and leachate monitoring. The owner or operator of a solid waste disposal facility shall sample lysimeter fluid and leachate in accordance with this section.

NR 507.21(1) (1) Sampling parameters. Owners or operators of landfills shall sample lysimeter fluid and leachate beginning with the first sampling period following acceptance of waste in accordance with ch. NR 507 Appendix I, Tables 4 and 5 or as otherwise approved by the department in writing. If 10% or more of a municipal solid waste landfill’s total design capacity consists of municipal solid waste combustor residue, paper mill sludge, fly or bottom ash, or foundry sand, the lysimeter and leachate monitoring shall include the additional parameters listed in ch. NR 507 Appendix I, Table 4 or 5 for those waste types. The owners or operators shall maintain records of all leachate pumped and at a minimum shall record the information annually. The owners or operators shall report the monthly leachate volumes and lysimeter fluid volumes to the department semi-annually in accordance with s. NR 507.26 (3).

NR 507.21(2) (2) Additional leachate sampling. Owners or operators of municipal solid waste facilities required to designate Subtitle D wells in accordance with s. NR 507.15 (2) (a) may monitor leachate annually for parameters listed in ch. NR 507 Appendix II. Within 14 days after obtaining the leachate sampling results, the owner or operator shall place the results in the operating record and, within 60 days after the end of the sampling period, submit the results to the department.

NR 507.21(3) (3) Leachate head monitoring. Owners or operators of solid waste disposal facilities shall sample all leachate head wells for leachate head levels on a quarterly basis, at a minimum, unless otherwise approved by the department, and report the data to the department semi-annually and in accordance with s. NR 507.26 (3).

NR 507.21 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: cr. (3) Register January 2006 No. 601, eff. 2-1-06; corrections in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688.

NR 507.215 NR 507.215 Leachate recirculation monitoring. The owner or operator of a solid waste facility that recirculates leachate shall sample for, maintain records of, and report to the department as required the following:

NR 507.215(1) (1) Liquid mass balance. The volumes of leachate extracted from each leachate drainage basin, the volumes of leachate recirculated into each leachate drainage basin and monthly precipitation records from on-site instrumentation or the nearest national weather system station.

NR 507.215(2) (2) Leachate head. The monthly level of leachate head on the liner in each leachate drainage basin where recirculation has been implemented.

NR 507.215(3) (3) Leachate characteristics. Samples of leachate shall be taken quarterly from the sump or leachate collection tanks. Those samples shall be tested semiannually for a VOC scan and quarterly for the following parameters:

NR 507.215(3)(a) (a) BOD.

NR 507.215(3)(b) (b) COD.

NR 507.215(3)(c) (c) Ammonia-nitrogen.

NR 507.215(3)(d) (d) Field pH.

NR 507.215(3)(e) (e) Field specific conductance.

NR 507.215(3)(f) (f) Alkalinity.

NR 507.215(3)(g) (g) Hardness.

NR 507.215(4) (4) Landfill gas.

NR 507.215(4)(a) (a) The monthly total volume of gas extracted from each leachate drainage basin. Gas volumes shall be recorded for a period of at least 3 years beyond the termination of leachate recirculation.

NR 507.215(4)(b) (b) An annual assessment of the liquid level in each gas extraction well.

NR 507.215 History History: CR 04-077: cr. Register November 2005 No. 599, eff. 12-1-05.

NR 507.22 NR 507.22 Gas monitoring.

NR 507.22(1) (1) Gas migration. The department may require the owner or operator to install gas monitoring devices, to prepare and submit gas sampling and analysis programs and to monitor for gas migration. If explosive gases are detected in any gas monitoring well located outside of the limits of filling, the department may require any or all of the following: more frequent monitoring, monitoring for pressure or other parameters, and the installation of additional gas monitoring wells which may include nests of wells screened over shorter vertical intervals. Where monitoring is required, the owner or operator shall comply with all of the following:

NR 507.22(1)(a) (a) Sampling parameters. The owner or operator shall sample gas monitoring wells quarterly for percent methane and percent oxygen. Each time a well is sampled, the following shall be recorded: temperature, ground condition, barometric pressure, information as to whether the barometric pressure is rising or falling, and initial and stabilized methane levels. Initial readings are not required to be reported unless the stabilized reading for a particular monitoring point drops to zero.

NR 507.22(1)(b) (b) Sampling. Sampling shall be performed with properly calibrated instruments. When a gas monitoring well is being sampled, the gas monitoring instrument shall be attached to the well prior to opening the valve on the gas monitoring well.

NR 507.22(1)(c) (c) Notification and remediation. The owner or operator shall immediately notify the department and take all necessary steps to protect public health and welfare if a stabilized reading exceeds the lower explosive limit of any explosive gas generated by the waste fill in the soils outside of the limits of filling or air within 200 feet of the landfill property boundary or beyond the landfill property boundary, or 25% of the lower explosive limit in any facility structure, excluding gas control or recovery system components. Within 30 days of determining that the applicable gas level was exceeded, the owner or operator shall submit a remediation plan to the department describing the degree and extent of the problem and the proposed remedy. Within 60 days of determining that the applicable gas level was exceeded, the owner or operator shall implement the remediation plan. As additional requirements for owners or operators of landfills meeting the requirements of s. NR 507.15 (2), within 7 days of determining that the applicable gas level was exceeded, the operating record shall be updated to indicate the level detected and the steps taken to protect public health. The proposed remediation plan and notification of its implementation shall also be placed in the operating record. The department may upon written request, approve alternate schedules for submittal and implementation of the remediation plan.

NR 507.22(2) (2) Gas extraction. The department may require the owner or operator to install monitoring ports and conduct monitoring activities to determine the effectiveness of any gas extraction or venting system.

NR 507.22(3) (3) Reporting. Unless otherwise approved by the department, the owner or operator shall report gas monitoring results to the department no less frequently than semi-annually and in accordance with s. NR 507.26 (3).

NR 507.22 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: rn. to (1) and am., cr. (2) and (3) Register January 2006 No. 601, eff. 2-1-06.

NR 507.23 NR 507.23 Surface water monitoring. The department may require the owner or operator to monitor storm water runoff, leachate seeps, sumps, sedimentation ponds, any surface water bodies including wetlands and other storm water discharges resulting from facility operation. Unless otherwise approved by the department, the owner or operator shall report surface water monitoring results in accordance with s. NR 507.26 (3).

NR 507.23(1) (1) Sample collection. All sampling shall be done in accordance with plans approved by the department. The owner or operator shall record the amount of precipitation in the 24 hours prior to sampling and submit the information with the sample results.

NR 507.23(2) (2) Identification. All surface water sampling locations shall be surveyed and permanently and clearly marked.

NR 507.23(3) (3) Location. All surface water monitoring points shall be documented in accordance with s. NR 507.14 (1) and (5) (a). All elevations shall be corrected to the national geodetic survey datum and recorded to the nearest 0.01 foot.

NR 507.23 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 507.24 NR 507.24 Air monitoring. If the facility has the potential to cause air pollution as defined in s. 285.01 (3), Stats., the department may require the owner or operator to monitor air quality for particulates, toxics or other constituents in the ambient air from point sources or in buildings at or associated with the facility. The department shall specify sampling times and locations and all sampling shall be implemented in accordance with plans approved by the department.

NR 507.24 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 507.25 NR 507.25 Other monitoring. If the facility has the potential to cause environmental pollution as defined in s. 299.01 (4), Stats., the department may require the owner or operator to monitor any or all of the following: landfill settlement; berm, sideslope and final cover stability; vegetative growth; drainage control structures; gradient control systems; and any other aspects of facility operation. All required monitoring shall be done in accordance with plans approved by the department. The department may require geophysical investigations to complement groundwater monitoring efforts.

NR 507.25 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 507.26 NR 507.26 Documentation of environmental monitoring. The owner or operator of a solid waste disposal facility shall document all sampling and analysis activities in accordance with this section.

NR 507.26(1) (1) Field records. Field records of all monitoring activities shall be prepared in sufficient detail to document whether the sampling plan has been followed. The facility owner or operator shall retain all field records in an operating record at the facility or in an alternative location approved by the department until the end of the long-term care period for the facility. Field records shall be available for department inspection on request.

NR 507.26(2) (2) Water supply well sampling results.

NR 507.26(2)(a) (a) The owner or operator shall report to the department the results of all water supply well sampling required by the department within 10 days after receipt in accordance with ch. 160, Stats. The results shall be accompanied by 2 copies of a cover letter which highlights values that attain or exceed enforcement standards in s. NR 140.10 Table 1. The owner or operator shall report to the department the results of all water supply well sampling required by the department in accordance with sub. (3).

NR 507.26(2)(b) (b) If the owner or operator is unable to sample a water supply well because the property owner refuses access, the responsible parties shall notify the department within 30 days after the refusal, and shall document in writing within 60 days, the efforts undertaken to gain access when requested by the department.

NR 507.26(3) (3) All other environmental monitoring results. The owner or operator shall submit sampling results and water elevation data to the department within 60 days of the end of the sampling period. An explanation of any deviation from the approved sampling plan or analytical procedures shall be submitted at the same time.

NR 507.26(3)(a) (a) Data submittal format. The owner or operator shall submit results of all environmental monitoring in an electronic format specified by the department.

NR 507.26 Note Note: The specific data formats for electronic monitoring result submittals can 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 507.26(3)(b) (b) Sampling results. The owner or operator shall submit all sampling results above the limit of detection. In addition, the owner or operator shall submit all of the following information for each sampling round:

NR 507.26(3)(b)1. 1. The limit of detection and the limit of quantitation for each parameter with a public health related groundwater standard. The limit of detection and the limit of quantitation shall be determined in accordance with a method specified by the department as required in s. NR 149.48 (2) and (3).

NR 507.26(3)(b)2. 2. A result qualifier for each detected parameter with a reported value between the limit of detection and the limit of quantitation.

NR 507.26(3)(b)3. 3. The analytical method used with each parameter for each sample.

NR 507.26(3)(b)4. 4. Quality control flags to indicate all of the following: