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: NR 664.0099(3)(3) The department shall specify the sampling procedures and statistical methods appropriate for the constituents and the facility, consistent with s. NR 664.0097 (7) and (8). NR 664.0099(3)(a)(a) The owner or operator shall conduct a sampling program for each chemical parameter or hazardous constituent in accordance with s. NR 664.0097 (7). NR 664.0099(3)(b)(b) The owner or operator shall record groundwater analytical data as measured and in form necessary for the determination of statistical significance under s. NR 664.0097 (8) for the compliance period of the facility. NR 664.0099(4)(4) The owner or operator shall determine whether there is statistically significant evidence of increased contamination for any chemical parameter or hazardous constituent specified in the license, pursuant to sub. (1), at a frequency specified under sub. (6).