NR 664.0094(2m)(2m) The department may not establish an alternate concentration limit under sub. (2) that is inconsistent with ch. NR 140. NR 664.0094(3)(3) In making any determination under sub. (2) about the use of groundwater in the area around the facility the department shall consider any identification of underground sources of drinking water and exempted aquifers made under 40 CFR 144.7. NR 664.0094 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0095(1)(1) The department shall specify in the facility license the point of standards application at which the groundwater protection standard of s. NR 664.0092 applies and at which monitoring shall be conducted. The point of standards application is a vertical surface located at the hydraulically downgradient limit of the waste management area that extends down into the uppermost aquifer underlying the regulated units. NR 664.0095(2)(2) The waste management area is the limit projected in the horizontal plane of the area on which waste will be placed during the active life of a regulated unit. NR 664.0095(2)(a)(a) The waste management area includes horizontal space taken up by any liner, dike or other barrier designed to contain waste in a regulated unit. NR 664.0095(2)(b)(b) If the facility contains more than one regulated unit, an imaginary line circumscribing the several regulated units describes the waste management area. NR 664.0095 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0096(1)(1) The department shall specify in the facility license the compliance period during which the groundwater protection standard of s. NR 664.0092 applies. The compliance period is the number of years equal to the active life of the waste management area (including any waste management activity prior to licensing, and the closure period.) NR 664.0096(2)(2) The compliance period begins when the owner or operator initiates a compliance monitoring program meeting the requirements of s. NR 664.0099. NR 664.0096(3)(3) If the owner or operator is engaged in a corrective action program at the end of the compliance period specified in sub. (1), the compliance period is extended until the owner or operator can demonstrate that the groundwater protection standard of s. NR 664.0092 has not been exceeded for a period of 3 consecutive years. NR 664.0096 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0097NR 664.0097 General groundwater monitoring requirements. The owner or operator shall comply with the following requirements for any groundwater monitoring program developed to satisfy s. NR 664.0098, 664.0099 or 664.0100: NR 664.0097(1)(1) The groundwater monitoring system shall consist of a sufficient number of wells, installed at appropriate locations and depths to yield groundwater samples from the uppermost aquifer that do all of the following: NR 664.0097(1)(a)(a) Represent the quality of background water that has not been affected by leakage from a regulated unit. A determination of background quality may include sampling of wells that are not hydraulically upgradient of the waste management area where all of the following conditions are met: NR 664.0097(1)(a)1.1. Hydrogeologic conditions do not allow the owner or operator to determine what wells are hydraulically upgradient. NR 664.0097(1)(a)2.2. Sampling at other wells shall provide an indication of background groundwater quality that is representative or more representative than that provided by the upgradient wells. NR 664.0097(1)(b)(b) Represent the quality of groundwater passing the point of standards application. NR 664.0097(1)(c)(c) Allow for the detection of contamination when hazardous waste or hazardous constituents have migrated from the waste management area to the uppermost aquifer. NR 664.0097(2)(2) If a facility contains more than one regulated unit, separate groundwater monitoring systems are not required for each regulated unit provided that provisions for sampling the groundwater in the uppermost aquifer will enable detection and measurement at the point of standards application of hazardous constituents from the regulated units that have entered the groundwater in the uppermost aquifer. NR 664.0097(3)(3) All monitoring wells shall be cased in a manner that maintains the integrity of the monitoring-well bore hole. This casing shall be screened or perforated and packed with gravel or sand, where necessary, to enable collection of groundwater samples. The annular space (i.e., the space between the bore hole and well casing) above the sampling depth shall be sealed to prevent contamination of samples and the groundwater. NR 664.0097(4)(4) The groundwater monitoring program shall include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide a reliable indication of groundwater quality below the waste management area. At a minimum the program shall include procedures and techniques for all of the following: NR 664.0097(5)(5) The groundwater monitoring program shall include sampling and analytical methods that are appropriate for groundwater sampling and that accurately measure hazardous constituents in groundwater samples. NR 664.0097(6)(6) The groundwater monitoring program shall include a determination of the groundwater surface elevation each time groundwater is sampled. NR 664.0097(7)(7) In detection monitoring or where appropriate in compliance monitoring, data on each hazardous constituent specified in the license shall be collected from background wells and wells at the points of standards applications. The number and kinds of samples collected to establish background shall be appropriate for the form of statistical test employed, following generally accepted statistical principles. The sample size shall be as large as necessary to ensure with reasonable confidence that a contaminant release to groundwater from a facility will be detected. The owner or operator shall determine an appropriate sampling procedure and interval for each hazardous constituent listed in the facility license which shall be specified in the unit license upon approval by the department. This sampling procedure shall be any of the following: NR 664.0097(7)(a)(a) A sequence of at least 4 samples, taken at an interval that assures, to the greatest extent technically feasible, that an independent sample is obtained, by reference to the uppermost aquifer’s effective porosity, hydraulic conductivity and hydraulic gradient, and the fate and transport characteristics of the potential contaminants. NR 664.0097(7)(b)(b) An alternate sampling procedure proposed by the owner or operator and approved by the department. NR 664.0097(8)(8) The owner or operator shall specify one of the following statistical methods to be used in evaluating groundwater monitoring data for each hazardous constituent which, upon approval by the department, shall be specified in the unit license. The statistical test chosen shall be conducted separately for each hazardous constituent in each well. Where practical quantification limits (pql’s) are used in any of the following statistical procedures to comply with sub. (9) (e), the pql shall be proposed by the owner or operator and approved by the department. Use of any of the following statistical methods shall be protective of human health and the environment and shall comply with the performance standards outlined in sub. (9). NR 664.0097(8)(a)(a) A parametric analysis of variance (ANOVA) followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method shall include estimation and testing of the contrasts between each compliance well’s mean and the background mean levels for each constituent. NR 664.0097(8)(b)(b) An analysis of variance (ANOVA) based on ranks followed by multiple comparisons procedures to identify statistically significant evidence of contamination. The method shall include estimation and testing of the contrasts between each compliance well’s median and the background median levels for each constituent. NR 664.0097(8)(c)(c) A tolerance or prediction interval procedure in which an interval for each constituent is established from the distribution of the background data, and the level of each constituent in each compliance well is compared to the upper tolerance or prediction limit. NR 664.0097(8)(d)(d) A control chart approach that gives control limits for each constituent. NR 664.0097(8)(e)(e) Another statistical test method submitted by the owner or operator and approved by the department. NR 664.0097(9)(9) Any statistical method chosen under sub. (8) for specification in the unit license shall comply with all of the following performance standards, as appropriate: NR 664.0097(9)(a)(a) The statistical method used to evaluate groundwater monitoring data shall be appropriate for the distribution of chemical parameters or hazardous constituents. If the distribution of the chemical parameters or hazardous constituents is shown by the owner or operator to be inappropriate for a normal theory test, then the data should be transformed or a distribution-free theory test should be used. If the distributions for the constituents differ, more than one statistical method may be needed. NR 664.0097(9)(b)(b) If an individual well comparison procedure is used to compare an individual compliance well constituent concentration with background constituent concentrations or a groundwater protection standard, the test shall be done at a Type I error level no less than 0.01 for each testing period. If a multiple comparisons procedure is used, the Type I experiment wise error rate for each testing period shall be no less than 0.05; however, the Type I error of no less than 0.01 for individual well comparisons shall be maintained. This performance standard does not apply to tolerance intervals, prediction intervals or control charts. NR 664.0097(9)(c)(c) If a control chart approach is used to evaluate groundwater monitoring data, the specific type of control chart and its associated parameter values shall be proposed by the owner or operator and approved by the department if it finds them to be protective of human health and the environment. NR 664.0097(9)(d)(d) If a tolerance interval or a prediction interval is used to evaluate groundwater monitoring data, the levels of confidence and, for tolerance intervals, the percentage of the population that the interval must contain, shall be proposed by the owner or operator and approved by the department if it finds these parameters to be protective of human health and the environment. These parameters shall be determined after considering the number of samples in the background database, the data distribution and the range of the concentration values for each constituent of concern. NR 664.0097(9)(e)(e) The statistical method shall account for data below the limit of detection with one or more statistical procedures that are protective of human health and the environment. Any practical quantification limit (pql) approved by the department under sub. (8) that is used in the statistical method shall be the lowest concentration level that can be reliably achieved within specified limits of precision and accuracy during routine laboratory operating conditions that are available to the facility. NR 664.0097(9)(f)(f) If necessary, the statistical method shall include procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data. NR 664.0097(10)(10) Groundwater monitoring data collected in accordance with sub. (7) including actual levels of constituents shall be maintained in the facility operating record. The department shall specify in the license when the data must be submitted for review. NR 664.0097 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0098NR 664.0098 Detection monitoring program. An owner or operator required to establish a detection monitoring program under this subchapter shall, at a minimum, discharge all of the following responsibilities: NR 664.0098(1)(1) The owner or operator shall monitor for indicator parameters (e.g., specific conductance, total organic carbon or total organic halogen), waste constituents or reaction products that provide a reliable indication of the presence of hazardous constituents in groundwater. The department shall specify the parameters or constituents to be monitored in the facility license, after considering all of the following factors: NR 664.0098(1)(a)(a) The types, quantities and concentrations of constituents in wastes managed at the regulated unit. NR 664.0098(1)(b)(b) The mobility, stability and persistence of waste constituents or their reaction products in the unsaturated zone beneath the waste management area. NR 664.0098(1)(c)(c) The detectability of indicator parameters, waste constituents and reaction products in groundwater. NR 664.0098(1)(d)(d) The concentrations or values and coefficients of variation of proposed monitoring parameters or constituents in the groundwater background. NR 664.0098(3)(3) The owner or operator shall conduct a groundwater monitoring program for each chemical parameter and hazardous constituent specified in the license pursuant to sub. (1) in accordance with s. NR 664.0097 (7). The owner or operator shall maintain a record of groundwater analytical data as measured and in a form necessary for the determination of statistical significance under s. NR 664.0097 (8). NR 664.0098(4)(4) The department shall specify the frequencies for collecting samples and conducting statistical tests to determine whether there is statistically significant evidence of contamination for any parameter or hazardous constituent specified in the license under sub. (1) in accordance with s. NR 664.0097 (7). NR 664.0098(5)(5) The owner or operator shall determine the groundwater flow rate and direction in the uppermost aquifer at least annually. NR 664.0098(6)(6) The owner or operator shall determine whether there is statistically significant evidence of contamination for any chemical parameter or hazardous constituent specified in the license pursuant to sub. (1) at a frequency specified under sub. (4). NR 664.0098(6)(a)(a) In determining whether statistically significant evidence of contamination exists, the owner or operator shall use the methods specified in the license under s. NR 664.0097 (8). These methods shall compare data collected at the points of standards applications to the background groundwater quality data. NR 664.0098(6)(b)(b) The owner or operator shall determine whether there is statistically significant evidence of contamination at each monitoring well at the point of standards application within a reasonable period of time after completion of sampling. The department shall specify in the facility license what period of time is reasonable, after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of groundwater samples. NR 664.0098(7)(7) If the owner or operator determines pursuant to sub. (6) that there is statistically significant evidence of contamination for chemical parameters or hazardous constituents specified pursuant to sub. (1) at any monitoring well at the point of standards application, the owner or operator shall do all of the following: NR 664.0098(7)(a)(a) Notify the department of this finding in writing within 7 days. The notification shall indicate what chemical parameters or hazardous constituents have shown statistically significant evidence of contamination. NR 664.0098(7)(b)(b) Immediately sample the groundwater in all monitoring wells and determine whether constituents in the list of ch. NR 664 Appendix IX are present, and if so, in what concentration. However, the department may allow sampling for a site-specific subset of constituents from the ch. NR 664 Appendix IX list and other representative or related waste constituents. NR 664.0098(7)(c)(c) For any ch. NR 664 Appendix IX compounds found in the analysis pursuant to par. (b), the owner or operator may resample within one month and repeat the analysis for those compounds detected. If the results of the second analysis confirm the initial results, then these constituents will form the basis for compliance monitoring. If the owner or operator does not resample for the compounds found pursuant to par. (b), the hazardous constituents found during this initial ch. NR 664 Appendix IX analysis will form the basis for compliance monitoring. NR 664.0098(7)(d)(d) Within 90 days, submit to the department an application to modify the license to establish a compliance monitoring program meeting the requirements of s. NR 664.0099. The application shall include all of the following information: NR 664.0098(7)(d)1.1. An identification of the concentration of any ch. NR 664 Appendix IX constituent detected in the groundwater at each monitoring well at the point of standards application. NR 664.0098(7)(d)3.3. Any proposed additions or changes to the monitoring frequency, sampling and analysis procedures or methods, or statistical methods used at the facility necessary to meet the requirements of s. NR 664.0099. NR 664.0098(7)(e)2.2. An engineering feasibility plan for a corrective action program necessary to meet the requirement of s. NR 664.0100, unless any of the following conditions are met: NR 664.0098(7)(e)2.a.a. All hazardous constituents identified under par. (b) are listed in s. NR 664.0094, Table 1, and their concentrations do not exceed the respective values given in that table. NR 664.0098(7)(f)(f) If the owner or operator determines, pursuant to sub. (6), that there is a statistically significant difference for chemical parameters or hazardous constituents specified pursuant to sub. (1) at any monitoring well at the point of standards application, owner or operator may demonstrate that a source other than a regulated unit caused the contamination or that the detection is an artifact caused by an error in sampling, analysis or statistical evaluation or natural variation in the groundwater. The owner or operator may make a demonstration under this paragraph in addition to, or in lieu of, submitting an application to modify the license under par. (d); however, the owner or operator is not relieved of the requirement to submit an application to modify the license within the time specified in par. (d) unless the demonstration made under this paragraph successfully shows that a source other than a regulated unit caused the increase, or that the increase resulted from error in sampling, analysis or evaluation. In making a demonstration under this paragraph, the owner or operator shall do all of the following: NR 664.0098(7)(f)1.1. Notify the department in writing within 7 days of determining statistically significant evidence of contamination at the point of standards application that the owner or operator intends to make a demonstration under this paragraph. NR 664.0098(7)(f)2.2. Within 90 days, submit a report to the department which demonstrates that a source other than a regulated unit caused the contamination or that the contamination resulted from error in sampling, analysis or evaluation. NR 664.0098(7)(f)3.3. Within 90 days, submit to the department an application to modify the license to make any appropriate changes to the detection monitoring program for the facility. NR 664.0098(7)(f)4.4. Continue to monitor in accordance with the detection monitoring program established under this section. NR 664.0098(8)(8) If the owner or operator determines that the detection monitoring program no longer satisfies the requirements of this section, owner or operator shall, within 90 days, submit an application to modify the license to make any appropriate changes to the program. NR 664.0098 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; corrections in (7) (b), (c), (d) 1. made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: am. (4), (7) (b) Register July 2017 No. 739, eff. 8-1-17. NR 664.0099NR 664.0099 Compliance monitoring program. An owner or operator required to establish a compliance monitoring program under this subchapter shall, at a minimum, do all of the following: NR 664.0099(1)(1) The owner or operator shall monitor the groundwater to determine whether regulated units are in compliance with the groundwater protection standard under s. NR 664.0092. The department shall specify the groundwater protection standard in the facility license, including all of the following:
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