NR 665.0090(1)(1) By August 1, 1982, the owner or operator of a surface impoundment or landfill facility which is used to manage hazardous waste shall implement a groundwater monitoring program capable of determining the facility’s impact on the quality of groundwater in the uppermost aquifer underlying the facility, except as s. NR 665.0001 and sub. (3) provide otherwise. NR 665.0090(2)(2) Except as subs. (3) and (4) provide otherwise, the owner or operator shall install, operate and maintain a groundwater monitoring system which meets the requirements of s. NR 665.0091 and chs. NR 140 and 141, and shall comply with ss. NR 665.0092 to 665.0094. This groundwater monitoring program shall be carried out during the active life of the facility, and for disposal facilities, during the long-term care period as well. NR 665.0090(3)(3) All or part of the groundwater monitoring requirements of this subchapter may be waived if the owner or operator can demonstrate that there is a low potential for migration of hazardous waste or hazardous waste constituents from the facility via the uppermost aquifer to water supply wells (domestic, industrial or agricultural) or to surface water. This demonstration shall be in writing, and shall be kept at the facility. This demonstration shall be certified by a qualified geologist or geotechnical engineer and shall establish all of the following: NR 665.0090(3)(a)(a) The potential for migration of hazardous waste or hazardous waste constituents from the facility to the uppermost aquifer, by an evaluation of all of the following: NR 665.0090(3)(a)1.1. A water balance of precipitation, evapotranspiration, runoff and infiltration. NR 665.0090(3)(a)2.2. Unsaturated zone characteristics (i.e., geologic materials, physical properties and depth to groundwater). NR 665.0090(3)(b)(b) The potential for hazardous waste or hazardous waste constituents which enter the uppermost aquifer to migrate to a water supply well or surface water, by an evaluation of all of the following: NR 665.0090(3)(b)1.1. Saturated zone characteristics (i.e., geologic materials, physical properties and rate of groundwater flow). NR 665.0090(4)(4) If an owner or operator assumes (or knows) that groundwater monitoring of indicator parameters in accordance with ss. NR 665.0091 and 665.0092 would show statistically significant increases (or decreases in the case of pH) when evaluated under s. NR 665.0093 (2), the owner or operator may install, operate and maintain an alternate groundwater monitoring system (other than the one described in ss. NR 665.0091 and 665.0092). If the owner or operator decides to use an alternate groundwater monitoring system, the owner or operator shall do all of the following: NR 665.0090(4)(a)(a) Within one year after August 1, 2017, submit to the department a specific plan, certified by a qualified geologist or geotechnical engineer, which satisfies the requirements of s. NR 665.0093 (4) (c), for an alternate groundwater monitoring system. This plan shall be placed in the facility’s operating record and be maintained until closure of the facility. NR 665.0090(4)(c)(c) Prepare and submit a written report in accordance with s. NR 665.0093 (4) (e), and place it in the facility’s operating record and maintain it until closure of the facility. NR 665.0090(5)(5) The groundwater monitoring requirements of this subchapter may be waived with respect to any surface impoundment that is used to neutralize wastes which are hazardous solely because they exhibit the corrosivity characteristic under s. NR 661.0022 or are listed as hazardous wastes in subch. D of ch. NR 661 only for this reason, and contains no other hazardous wastes, if the owner or operator can demonstrate that there is no potential for migration of hazardous wastes from the impoundment. The demonstration shall establish, based upon consideration of the characteristics of the wastes and the impoundment, that the corrosive wastes will be neutralized to the extent that they no longer meet the corrosivity characteristic before they can migrate out of the impoundment. The demonstration shall be in writing and shall be certified by a qualified professional. NR 665.0090(6)(6) The department may replace all or part of the requirements of this subchapter applying to a regulated unit (as defined in s. NR 664.0090), with alternative requirements developed for groundwater monitoring set out in an approved closure or long-term care plan or in an enforceable document (as defined in s. NR 670.001 (3) (g)), where the department determines that all of the following apply: NR 665.0090(6)(a)(a) A regulated unit is situated among solid waste management units (or areas of concern), a release has occurred and both the regulated unit and one or more solid waste management units (or areas of concern) are likely to have contributed to the release. NR 665.0090(6)(b)(b) It is not necessary to apply the requirements of this subchapter because the alternative requirements will protect human health and the environment. The alternative standards for the regulated unit shall meet the requirements of s. NR 664.0101 (1). NR 665.0090 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; CR 16-007: am. (4) (a), (c) Register July 2017 No. 739, eff. 8-1-17; CR 19-082: am. (5) Register August 2020 No. 776, eff. 9-1-20. NR 665.0091(1)(1) A groundwater monitoring system shall be capable of yielding groundwater samples for analysis and shall consist of all of the following: NR 665.0091(1)(a)(a) Monitoring wells (at least one) installed hydraulically upgradient (i.e., in the direction of increasing static head) from the limit of the waste management area. Their number, locations and depths shall be sufficient to yield groundwater samples that are all of the following: NR 665.0091(1)(a)1.1. Representative of background groundwater quality in the uppermost aquifer near the facility. NR 665.0091(1)(b)(b) Monitoring wells (at least 3) installed hydraulically downgradient (i.e., in the direction of decreasing static head) at the limit of the waste management area. Their number, locations and depths shall ensure that they immediately detect any statistically significant amounts of hazardous waste or hazardous waste constituents that migrate from the waste management area to the uppermost aquifer. NR 665.0091(1)(c)(c) The facility owner or operator may demonstrate that an alternate hydraulically downgradient monitoring well location will meet all of the following criteria. The demonstration shall be in writing and kept at the facility. The demonstration shall be certified by a qualified groundwater scientist and establish that all of the following apply: NR 665.0091(1)(c)1.1. An existing physical obstacle prevents monitoring well installation at the hydraulically downgradient limit of the waste management area. NR 665.0091(1)(c)2.2. The selected alternate downgradient location is as close to the limit of the waste management area as practical. NR 665.0091(1)(c)3.3. The location ensures detection that, given the alternate location, is as early as possible of any statistically significant amounts of hazardous waste or hazardous waste constituents that migrate from the waste management area to the uppermost aquifer. NR 665.0091(1)(c)4.4. Lateral expansion, new or replacement units are not eligible for an alternate downgradient location under this paragraph. NR 665.0091(2)(2) Separate monitoring systems for each waste management component of a facility are not required provided that provisions for sampling upgradient and downgradient water quality will detect any discharge from the waste management area. NR 665.0091(2)(a)(a) In the case of a facility consisting of only one surface impoundment or landfill, the waste boundary (perimeter) describes the waste management area. NR 665.0091(2)(b)(b) In the case of a facility consisting of more than one surface impoundment or landfill, an imaginary boundary line which circumscribes the several waste management components describes the waste management area. NR 665.0091(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 sample collection at depths where appropriate aquifer flow zones exist. The annular space (i.e., the space between the bore hole and well casing) above the sampling depth shall be sealed with a suitable material (e.g., cement grout or bentonite slurry) to prevent contamination of samples and the groundwater. NR 665.0091 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0092(1)(1) The owner or operator shall obtain and analyze samples from the installed groundwater monitoring system. The owner or operator shall develop and follow a groundwater sampling and analysis plan. Chemical and physical samples shall be analyzed by a laboratory certified or registered under ch. NR 149, except for field analyses for pH, specific conductance and temperature. The owner or operator shall keep this plan at the facility. The plan shall include procedures and techniques for all of the following: NR 665.0092 NoteNote: See “Procedures Manual For Ground-water Monitoring At Solid Waste Disposal Facilities,” EPA-530/SW-611, and “Methods for Chemical Analysis of Water and Wastes,” EPA-600/4-79-020, for discussions of sampling and analysis procedures.
NR 665.0092(2)(2) The owner or operator shall determine the concentration or value of all of the following parameters in groundwater samples in accordance with subs. (3) and (4): NR 665.0092(2)(b)(b) All of the following parameters establishing groundwater quality: NR 665.0092 NoteNote: These parameters are to be used as a basis for comparison in the event a groundwater quality assessment is required under s. NR 665.0093(4). NR 665.0092(2)(c)(c) All of the following parameters used as indicators of groundwater contamination: NR 665.0092(3)(a)(a) For all monitoring wells, the owner or operator shall establish initial background concentrations or values of all parameters specified in sub. (2). The owner or operator shall do this quarterly for one year. NR 665.0092(3)(b)(b) For each of the indicator parameters specified in sub. (2) (c), at least 4 replicate measurements shall be obtained for each sample and the initial background arithmetic mean and variance shall be determined by pooling the replicate measurements for the respective parameter concentrations or values in samples obtained from upgradient wells during the first year. NR 665.0092(4)(4) After the first year, all monitoring wells shall be sampled and the samples analyzed with the following frequencies: NR 665.0092(4)(a)(a) Samples collected to establish groundwater quality shall be obtained and analyzed for the parameters specified in sub. (2) (b) at least annually. NR 665.0092(4)(b)(b) Samples collected to indicate groundwater contamination shall be obtained and analyzed for the parameters specified in sub. (2) (c) at least semi-annually. NR 665.0092(5)(5) Elevation of the groundwater surface at each monitoring well shall be determined each time a sample is obtained. NR 665.0092 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687. NR 665.0093NR 665.0093 Preparation, evaluation and response. NR 665.0093(1)(1) By August 1, 1982, the owner or operator shall prepare an outline of a groundwater quality assessment program. The outline shall describe a more comprehensive groundwater monitoring program (than that described in ss. NR 665.0091 and 665.0092) capable of determining all of the following: NR 665.0093(1)(a)(a) Whether hazardous waste or hazardous waste constituents have entered the groundwater. NR 665.0093(1)(b)(b) The rate and extent of migration of hazardous waste or hazardous waste constituents in the groundwater. NR 665.0093(1)(c)(c) The concentrations of hazardous waste or hazardous waste constituents in the groundwater. NR 665.0093(2)(2) For each indicator parameter specified in s. NR 665.0092 (2) (c), the owner or operator shall calculate the arithmetic mean and variance, based on at least 4 replicate measurements on each sample, for each well monitored in accordance with s. NR 665.0092 (4) (b), and compare these results with its initial background arithmetic mean. The comparison shall consider individually each of the wells in the monitoring system, and shall use the Student’s t-test at the 0.01 level of significance (see ch. NR 665 Appendix IV) to determine statistically significant increases (and decreases, in the case of pH) over initial background. NR 665.0093(3)(a)(a) If the comparisons for the upgradient wells made under sub. (2) show a significant increase (or pH decrease), the owner or operator shall submit this information in accordance with s. NR 665.0094 (1) (b) 2. NR 665.0093(3)(b)(b) If the comparisons for downgradient wells made under sub. (2) show a significant increase (or pH decrease), the owner or operator shall then immediately obtain additional groundwater samples from those downgradient wells where a significant difference was detected, split the samples in 2 and obtain analyses of all additional samples to determine whether the significant difference was a result of laboratory error. NR 665.0093(4)(a)(a) If the analyses performed under sub. (3) (b) confirm the significant increase (or pH decrease), the owner or operator shall provide written notice to the department—within 7 days of the date of the confirmation—that the facility may be affecting groundwater quality. NR 665.0093(4)(b)(b) Within 15 days after the notification under par. (a), the owner or operator shall develop and submit to the department a specific plan, based on the outline required under sub. (1) and certified by a qualified geologist or geotechnical engineer, for a groundwater quality assessment program at the facility. This plan shall be placed in the facility’s operating record and be maintained until closure of the facility. NR 665.0093(4)(c)2.2. Sampling and analytical methods for those hazardous wastes or hazardous waste constituents in the facility. NR 665.0093(4)(c)3.3. Evaluation procedures, including any use of previously-gathered groundwater quality information. NR 665.0093(4)(d)(d) The owner or operator shall implement the groundwater quality assessment plan which satisfies the requirements of par. (c), and, at a minimum, determine all of the following: NR 665.0093(4)(d)1.1. The rate and extent of migration of the hazardous waste or hazardous waste constituents in the groundwater. NR 665.0093(4)(d)2.2. The concentrations of the hazardous waste or hazardous waste constituents in the groundwater. NR 665.0093(4)(e)(e) The owner or operator shall make the first determination under par. (d) as soon as technically feasible, and, within 15 days after that determination, submit to the department a written report containing an assessment of the groundwater quality. This report shall be placed in the facility’s operating record and be maintained until closure of the facility. NR 665.0093(4)(f)(f) If the owner or operator determines, based on the results of the first determination under par. (d), that no hazardous waste or hazardous waste constituents from the facility have entered the groundwater, then the owner or operator may reinstate the indicator evaluation program described in s. NR 665.0092 and sub. (2). If the owner or operator reinstates the indicator evaluation program, the owner or operator shall so notify the department in the report submitted under par. (e). NR 665.0093(4)(g)(g) If the owner or operator determines, based on the first determination under par. (d), that hazardous waste or hazardous waste constituents from the facility have entered the groundwater, then the owner or operator:
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Chs. NR 600-699; Environmental Protection – Hazardous Waste Management
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