Chapter NR 508

NR 508.06(4)(c)1.a. a. The magnitude of reduction of existing risks.

NR 508.06(4)(c)1.b. b. The magnitude of residual risks in terms of likelihood of further releases due to CCR remaining following the implementation of a remedy.

NR 508.06(4)(c)1.c. c. The type and degree of long-term management required, including monitoring, operation, and maintenance.

NR 508.06(4)(c)1.d. d. The short-term risks that might be posed to the community or the environment during implementation of such a remedy, including potential threats to human health and the environment associated with excavation, transportation, and re-disposal of the contaminant.

NR 508.06(4)(c)1.e. e. The time until full protection will be achieved.

NR 508.06(4)(c)1.f. f. The potential for exposure of humans and environmental receptors to remaining wastes, considering the potential threat to human health and the environment associated with excavation, transportation, re-disposal, or containment.

NR 508.06(4)(c)1.g. g. The long-term reliability of the engineering and institutional controls.

NR 508.06(4)(c)1.h. h. The potential need for replacement of the remedy.

NR 508.06(4)(c)2. 2. The effectiveness of the remedy in controlling the source to reduce further releases based on consideration of all of the following factors:

NR 508.06(4)(c)2.a. a. The extent to which containment practices will reduce further releases.

NR 508.06(4)(c)2.b. b. The extent to which treatment technologies may be used.

NR 508.06(4)(c)3. 3. The ease or difficulty of implementing a potential remedy based on all of the following types of factors:

NR 508.06(4)(c)3.a. a. The degree of difficulty associated with constructing the technology.

NR 508.06(4)(c)3.b. b. The expected operational reliability of the technology.

NR 508.06(4)(c)3.c. c. The need to coordinate with and obtain necessary approvals and permits from other municipalities, programs, or agencies.

NR 508.06(4)(c)3.d. d. The availability of necessary equipment and specialists.

NR 508.06(4)(c)3.e. e. The available capacity and location of needed treatment, storage, and disposal services.

NR 508.06(4)(c)3.f. f. The degree to which community concerns are addressed by a potential remedy.

NR 508.06(4)(d) (d) The owner or operator shall specify, as part of the selected remedy in the remedial action options report, a schedule for implementing and completing the selected remedial activities. The owner or operator shall propose in the schedule the completion of remedial activities within a reasonable period of time, subject to approval by the department. The owner or operator of the CCR landfill shall consider all of the following factors in determining the schedule for implementing and completing the selected remedial activities:

NR 508.06(4)(d)1. 1. The extent and nature of contamination.

NR 508.06(4)(d)2. 2. The reasonable probabilities of remedial technologies in achieving compliance with the ch. NR 140 groundwater protection standards and other objectives of the remedy.

NR 508.06(4)(d)3. 3. The availability of treatment or disposal capacity for CCR managed during implementation of the remedy.

NR 508.06(4)(d)4. 4. The potential risks to human health and the environment from exposure to contamination during implementation of the remedy.

NR 508.06(4)(d)5. 5. The resource value of the aquifer, including all of the following:

NR 508.06(4)(d)5.a. a. Current and future uses.

NR 508.06(4)(d)5.b. b. Proximity and withdrawal rate of users.

NR 508.06(4)(d)5.c. c. Groundwater quantity and quality.

NR 508.06(4)(d)5.d. d. The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to CCR constituents.

NR 508.06(4)(d)5.e. e. The hydrogeologic characteristic of the facility and surrounding land.

NR 508.06(4)(d)5.f. f. The availability of alternative water supplies.

NR 508.06(4)(d)6. 6. Any other factors determined by the department.

NR 508.06(4)(e) (e) The department shall respond to the submission of the remedial action options report required under sub. (3) in accordance with s. NR 722.15.

NR 508.06(5) (5) Remedial action implementation.

NR 508.06(5)(a) (a) Within 90 days after the department approves a remedy from the remedial action report under sub. (4), the owner or operator shall initiate remedial activities. Based on the schedule established under sub. (4) (d) for implementation and completion of remedial activities, the owner or operator shall do all of the following:

NR 508.06(5)(a)1. 1. Establish and implement a corrective action groundwater monitoring program that, at a minimum, meets the requirements of an assessment monitoring program under sub. (2), documents the effectiveness of the corrective action remedy, and demonstrates compliance with the groundwater protection standards under ch. NR 140.

NR 508.06(5)(a)2. 2. Implement the corrective action remedy selected by the department under sub. (4).

NR 508.06(5)(a)3. 3. Take any interim measures necessary to reduce the contaminants leaching from the CCR landfill and potential exposures to human or ecological receptors. Interim measures shall, to the greatest extent feasible, be consistent with the objectives of and contribute to the performance of any remedy approved by the department under sub. (4). All of the following factors shall be considered by an owner or operator in determining whether interim measures are necessary:

NR 508.06(5)(a)3.a. a. The time required to develop and implement a final remedy.

NR 508.06(5)(a)3.b. b. The actual or potential exposure of nearby populations or environmental receptors to any of the constituents detected under ch. NR 507, Appendix I, Tables 1A, 3, and 4.

NR 508.06(5)(a)3.c. c. The actual or potential contamination of drinking water supplies or sensitive ecosystems.

NR 508.06(5)(a)3.d. d. Further degradation of the groundwater that may occur if remedial action is not initiated expeditiously.

NR 508.06(5)(a)3.e. e. Weather conditions that may cause any of the constituents detected under ch. NR 507, Appendix I, Tables 1A, 3, and 4 to migrate or be released.

NR 508.06(5)(a)3.f. f. The potential for exposure to any of the constituents listed under ch. NR 507, Appendix I as a result of an accident or failure of a container or handling system.

NR 508.06(5)(a)3.g. g. Any other situations that may pose threats to human health and the environment.

NR 508.06(5)(b) (b) If, at any time, the department determines that compliance with the requirements under ch. NR 140 in accordance with ending a remedial action under ch. NR 726 are not being achieved through the remedy selected, the department shall direct the owner or operator in writing to propose an alternative remedy or other methods or techniques that could feasibly achieve compliance with the requirements to the department in accordance with sub. (4).

NR 508.06(5)(c) (c) A remedy selected under sub. (4) shall be considered complete when the department determines all of the following:

NR 508.06(5)(c)1. 1. The groundwater protection standards under ch. NR 140 have been achieved at all points within the plume of contamination that lie beyond the groundwater monitoring well system established at the CCR landfill.

NR 508.06(5)(c)2. 2. The owner or operator of the CCR landfill has demonstrated that concentrations of constituents detected under ch. NR 507, Appendix I, Tables 1A, 3, and 4 have not exceeded the groundwater protection standards under ch. NR 140 for a period of 3 consecutive years.

NR 508.06(5)(c)3. 3. All actions required to complete the remedy have been satisfied.

NR 508.06(5)(d) (d) Upon completion of the remedy, the owner or operator shall notify the department in accordance with s. NR 507.30 (1). The notification shall be submitted to the department under s. NR 506.17 (4), placed in the written operating record under s. NR 506.17 (2) and posted on a publicly accessible internet site under NR 506.17 (3). The owner or operator shall apply to the department for a case closure under ch. NR 726.

NR 508.06 History History: CR 21-076: cr. Register July 2022 No. 799, eff. 8-1-22; correction in (2) (b), (c), (f) 1., (3) (a), (4) (c) 3. b. made under s. 35.17, Stats., Register July 2022 No. 799.