Chapter NR 507

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.