Chapter NR 507

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:

NR 507.26(3)(b)4.a. a. All parameters that are also detected in method blanks, trip blanks or field blanks or both in concentrations above the limit of detection;

NR 507.26(3)(b)4.b. b. All parameters from samples which fail to meet preservation and holding times specified in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, third edition, November 1986, as amended by Updates I in July 1992, II in September 1994, IIA in August 1993, IIB in January 1995, III in December 1996 and IIIA in April 1998.

NR 507.26 Note Note: The test methods are available at no cost at https://www.epa.gov/hw-sw846/basic-information-about-how-use-sw-846#UseWhich. Copies of the test methods are available for inspection at the offices of the department of natural resources, the secretary of state and the legislative reference bureau. Copies may be obtained from the superintendent of documents, U.S. government printing office, P.O. Box 371954, Pittsburgh, PA 15250-7954, [phone], www.gpo.gov. Copies may also be obtained from the national technical information service, 5285 Port Royal Road, Springfield, VA 22161, [phone], www.ntis.gov.

NR 507.26(3)(b)4.c. c. All parameters which fail to meet quality control specifications in subch. VII of ch. NR 149.

NR 507.26(3)(b)5. 5. Laboratory certification identification number as specified in ch. NR 149.

NR 507.26(3)(c) (c) Notification. The owner or operator shall notify the department of values which have attained or exceeded groundwater standards in accordance with s. NR 507.30.

NR 507.26 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: am. (2) (a), (3) (a) 1., (b) 1. and 4. b., r. (3) (a) 2. Register January 2006 No. 601, eff. 2-1-06; corrections in (3) (b) 1. and 4. c. made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688; CR 17-046: am. (3) (b) 1. Register February 2021 No. 782, eff. 6-29-21.

NR 507.27 NR 507.27 Calculation of groundwater standards. The owner or operator shall propose PALs for inorganic monitoring parameters and ACLs and submit PAL or ACL calculations to the department for approval. Calculations of PALs for inorganic monitoring parameters and ACLs shall be based on historical data for each well unless the department determines that data from a well with similar groundwater quality may be used.

NR 507.27(1) (1) Preventive action limits. The owner or operator of an existing solid waste disposal facility shall calculate PALs for inorganic detection monitoring parameters at the direction of the department. Applicants for a proposed solid waste disposal facility shall calculate PALs for inorganic detection monitoring parameters prior to submitting the plan of operation. Detection monitoring parameters are listed in ch. NR 507 Appendix I Tables 1, 1A, and 2. The owner or operator shall calculate PALs for the inorganic detection parameters required at each well in accordance with the methods specified in s. NR 140.20. PALs are not required for pH or temperature. PALs may not be calculated for any parameter that has an ES established in ch. NR 140. The department may require the owner or operator to conduct additional sampling if the department determines that the data used to calculate a PAL is not representative of background water quality.

NR 507.27(2) (2) Alternative concentration limits. Applicants for proposed solid waste disposal facilities and the owner or operator of an existing solid waste disposal facility may request an exemption and calculate ACLs for any inorganic public health or welfare parameter that has established standards listed in ch. NR 140 Tables 1, 1A, and 2 in accordance with s. NR 507.29.

NR 507.27 Note Note: Guidance for calculations is available 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 507.27 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register April 2013 No. 688; CR 21-076: am. (1), (2) Register July 2022 No. 799, eff. 8-1-22.

NR 507.28 NR 507.28 Evaluation of groundwater standards exceedances. The owner or operator shall determine whether a groundwater standard has been attained or exceeded and whether a PAL or ES applies in accordance with this section.

NR 507.28(1) (1) Determination of groundwater standard exceedance. The owner or operator shall determine whether a reported value has attained or exceeded a PAL or ES in accordance with s. NR 140.14.

NR 507.28(2) (2) The point of standards application. The point of standards application to determine if a PAL or ES has been attained or exceeded is specified in either s. NR 140.22 (2) or (3) or s. NR 507.15 (3) (L) 4. for a CCR well. The design management zone and waste boundary are defined in s. NR 140.22 (3). The department may consider an expansion or reduction of the design management zone, excluding CCR wells, in accordance with s. NR 140.22 (3) (b) to (d). For purposes of evaluating compliance, a groundwater monitoring well located at the property line is a point of standards application for an ES.

NR 507.28(3) (3) Demonstration of a false groundwater standard exceedance. The owner or operator may demonstrate, by resampling or other means, that a source other than the solid waste disposal facility caused the contamination or that the sample result attaining or exceeding a groundwater standard is due to an error. The owner or operator shall notify the department of the intent to either begin assessment monitoring or determine that a false exceedance has occurred. The owner or operator shall submit the statement of intent with the notification required in s. NR 507.30 (1). The owner or operator shall submit the written demonstration of false exceedance with the results of the next routine monitoring.

NR 507.28 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; CR 21-076: am. (2) Register July 2022 No. 799, eff. 8-1-22.

NR 507.29 NR 507.29 Exemptions to groundwater standards. The owner or operator of a solid waste disposal facility may request an exemption to groundwater standards in accordance with ss. NR 140.28 and 500.08 (4) and this section. The exemption request shall be submitted to the department in writing. The department may require additional information in order to review the exemption request.

NR 507.29(1) (1) Exemption submittal. The exemption request shall include all of the following:

NR 507.29(1)(a) (a) A list of the specific wells and parameters for which an exemption is being requested.

NR 507.29(1)(b) (b) Proposed ACLs and calculations in accordance with s. NR 507.27.

NR 507.29 Note Note: For proposed facilities, the information required in par. (b) may be submitted with the plan of operation.

NR 507.29(1)(c) (c) A discussion of how the criteria listed in s. NR 140.28 (2), (3) or (4) are met.

NR 507.29(2) (2) ACLs. The department may approve ACLs in its response to the exemption request.

NR 507.29 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96.

NR 507.30 NR 507.30 Notification and response when values attain or exceed a standard. The owner or operator of a solid waste facility shall notify the department in writing and respond as follows when a groundwater standard at the point of standards application or an explosive gas level has been attained or exceeded at the following devices:

NR 507.30(1) (1) All groundwater monitoring wells.

NR 507.30(1)(a) (a) The owner or operator shall notify the department in writing if any value attains or exceeds a groundwater standard. The notification shall specify the parameters for which standards have been attained or exceeded and the wells at which the standard was attained or exceeded and it shall provide a preliminary analysis of the cause and significance of each concentration in accordance with s. NR 140.24 (1) (a) or 140.26 (1) (a). The sampling results and 2 copies of the notification shall be submitted to the department within 60 days from the end of the sampling period.

NR 507.30(1)(b) (b) When a groundwater standard has been attained or exceeded, the owner or operator shall respond in accordance with ch. NR 508.

NR 507.30(2) (2) Water supply wells. The owner or operator shall notify the department in writing if any value in a water supply sample attains or exceeds a groundwater standard or any other substances of concern are detected in the sample. The notification shall be in accordance with ss. NR 507.26 (2) and 507.30 (1).

NR 507.30(3) (3) Gas monitoring wells. When a stabilized gas reading exceeds the lower explosive limit at locations specified in s. NR 507.22 (1) (c), the owner or operator shall immediately notify the department and respond in accordance with s. NR 507.22 (1) (c).

NR 507.30 History History: Cr. Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: am. (3) Register January 2006 No. 601, eff. 2-1-06.