NR 664.0193(7)(b)2.a.a. The quantity and quality of groundwater and the direction of groundwater flow.
NR 664.0193(7)(b)2.b.b. The proximity and withdrawal rates of groundwater users.
NR 664.0193(7)(b)2.c.c. The current and future uses of groundwater in the area.
NR 664.0193(7)(b)2.d.d. The existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater quality.
NR 664.0193(7)(b)3.3. The potential adverse effects of a release on surface water quality, taking into account all of the following:
NR 664.0193(7)(b)3.a.a. The quantity and quality of groundwater and the direction of groundwater flow.
NR 664.0193(7)(b)3.b.b. The patterns of rainfall in the region.
NR 664.0193(7)(b)3.c.c. The proximity of the tank system to surface waters.
NR 664.0193(7)(b)3.d.d. The current and future uses of surface waters in the area and any water quality standards established for those surface waters.
NR 664.0193(7)(b)3.e.e. The existing quality of surface water, including other sources of contamination and the cumulative impact on surface-water quality.
NR 664.0193(7)(b)4.4. The potential adverse effects of a release on the land surrounding the tank system, taking into account all of the following:
NR 664.0193(7)(b)4.a.a. The patterns of rainfall in the region.
NR 664.0193(7)(b)4.b.b. The current and future uses of the surrounding land.
NR 664.0193(7)(c)(c) The owner or operator of a tank system, for which a variance from secondary containment had been granted in accordance with the requirements of par. (a), at which a release of hazardous waste has occurred from the primary tank system but has not migrated beyond the zone of engineering control (as established in the variance), shall do all of the following:
NR 664.0193(7)(c)1.1. Comply with the requirements of s. NR 664.0196, except sub. (4).
NR 664.0193(7)(c)2.2. Decontaminate or remove contaminated soil to the extent necessary to do all of the following:
NR 664.0193(7)(c)2.a.a. Enable the tank system for which the variance was granted to resume operation with the capability for the detection of releases at least equivalent to the capability it had prior to the release.
NR 664.0193(7)(c)2.b.b. Prevent the migration of hazardous waste or hazardous constituents to groundwater or surface water.
NR 664.0193(7)(c)3.3. If contaminated soil cannot be removed or decontaminated in accordance with subd. 2., comply with the requirement of s. NR 664.0197 (2).
NR 664.0193(7)(d)(d) The owner or operator of a tank system, for which a variance from secondary containment had been granted in accordance with the requirements of par. (a), at which a release of hazardous waste has occurred from the primary tank system and has migrated beyond the zone of engineering control (as established in the variance), shall do all of the following:
NR 664.0193(7)(d)1.1. Comply with the requirements of s. NR 664.0196 (1) to (4).
NR 664.0193(7)(d)2.2. Prevent the migration of hazardous waste or hazardous constituents to groundwater or surface water, if possible, and decontaminate or remove contaminated soil. If contaminated soil cannot be decontaminated or removed or if groundwater has been contaminated, the owner or operator shall comply with the requirements of s. NR 664.0197 (2).
NR 664.0193(7)(d)3.3. If repairing, replacing or reinstalling the tank system, provide secondary containment in accordance with the requirements of subs. (1) to (6) or reapply for a variance from secondary containment and meet the requirements for new tank systems in s. NR 664.0192 if the tank system is replaced. The owner or operator shall comply with these requirements even if contaminated soil can be decontaminated or removed and groundwater or surface water has not been contaminated.
NR 664.0193(8)(8)All of the following procedures shall be followed in order to request a variance from secondary containment:
NR 664.0193(8)(a)(a) The department shall be notified in writing by the owner or operator that the owner or operator intends to conduct and submit a demonstration for a variance from secondary containment as allowed in sub. (7) according to the following schedule:
NR 664.0193(8)(a)1.1. For existing tank systems, at least 24 months prior to the date that secondary containment must be provided in accordance with sub. (1).
NR 664.0193(8)(a)2.2. For new tank systems, at least 30 days prior to entering into a contract for installation.
NR 664.0193(8)(b)(b) As part of the notification, the owner or operator shall also submit to the department a description of the steps necessary to conduct the demonstration and a timetable for completing each of the steps. The demonstration shall address each of the factors listed in sub. (7) (a) or (b).
NR 664.0193(8)(c)(c) The demonstration for a variance shall be completed within 180 days after notifying the department of an intent to conduct the demonstration.