NR 140.12 NoteNote: For each substance of public welfare concern, the preventive action limit is 50% of the established enforcement standard.

NR 140.12 HistoryHistory: Cr. Register, September, 1985, No. 357, eff. 10-1-85; am. table 2, Register, October, 1990, No. 418, eff. 11-1-90; am. Table 2, Register, March, 1994, No. 459, eff. 4-1-94.

NR 140.14(1)(1) If a preventive action limit or an enforcement standard for a substance listed in Table 1 or 2, an alternative concentration limit issued in accordance with s. NR 140.28 or a preventive action limit for an indicator parameter established according to s. NR 140.20 (2) is attained or exceeded at a point of standards application:

NR 140.14(1)(a)(a) The owner or operator of the facility, practice or activity at which a standard is attained or exceeded shall notify the appropriate regulatory agency that a standard has been attained or exceeded; and

NR 140.14(1)(b)(b) The regulatory agency shall require a response in accordance with the rules promulgated under s. 160.21, Stats. No response shall be required if it is demonstrated to the satisfaction of the appropriate regulatory agency that a scientifically valid determination cannot be made that the preventive action limit or enforcement standard for a substance in Table 1 or 2 has been attained or exceeded based on consideration of sampling procedures or laboratory precision and accuracy, at a significance level of 0.05.

NR 140.14(2)(2) The regulatory agency shall use one or more valid statistical procedures to determine if a change in the concentration of a substance has occurred. A significance level of 0.05 shall be used for all tests.

NR 140.14(3)(3) In addition to sub. (2), the following applies when a preventive action limit or enforcement standard is equal to or less than the limit of quantitation:

NR 140.14(3)(a)(a) If a substance is not detected in a sample, the regulatory agency may not consider the preventive action limit or enforcement standard to have been attained or exceeded.

NR 140.14(3)(b)(b) If the preventive action limit or enforcement standard is less than the limit of detection, and the concentration of a substance is reported between the limit of detection and the limit of quantitation, the regulatory agency shall consider the preventive action limit or enforcement standard to be attained or exceeded only if:

NR 140.14(3)(b)1.1. The substance has been analytically confirmed to be present in the same sample using an equivalently sensitive analytical method or the same analytical method, and

NR 140.14(3)(b)2.2. The substance has been statistically confirmed to be present above the preventive action limit or enforcement standard, determined by an appropriate statistical test with sufficient samples at a significance level of 0.05.

NR 140.14(3)(c)(c) If the preventive action limit or enforcement standard is between the limit of detection and the limit of quantitation, the regulatory agency shall consider the preventive action limit or enforcement standard to be attained or exceeded if the concentration of a substance is reported at or above the limit of quantitation.

NR 140.14 HistoryHistory: Cr. Register, September, 1985, No. 357, eff. 10-1-85; am. (1) (intro.) and (b), r. and recr. (2), Register, October, 1988, No. 394, eff. 11-1-88; am. (1) (b), (2) and (3) (b), Register, September, 1990, No. 417, eff. 10-1-90; am. (1) (b), Register, March, 1994, No. 459, eff. 4-1-94; r. and recr. (3) (intro.), (a), (b), renum. (3) (c) to be 140.16 (5) and am., Register, August, 1995, No. 476, eff. 9-1-95.

NR 140.16(1)(a)(a) All groundwater quality samples collected to determine compliance with ch. 160, Stats., shall comply with this section except as noted.

NR 140.16(1)(b)(b) Groundwater sampling requirements. All groundwater quality samples shall be collected and handled in accordance with procedures specified by the applicable regulatory agency or, where no sampling procedures are specified by that agency, in accordance with the sampling procedures referenced in par. (c). The sampling procedures specified by a regulatory agency may include requirements for field filtration.

NR 140.16(1)(c)(c) Department groundwater sampling procedures.

NR 140.16(1)(c)1.1. If sampling procedures are not specified by the applicable regulatory agency pursuant to par. (b), all groundwater quality samples shall be collected and handled in accordance with the sampling procedures contained in the following publications:

NR 140.16(1)(c)1.a.a. Groundwater Sampling Desk Reference. Wisconsin Department of Natural Resources, PUBL-DG-037-96, September, 1996.

NR 140.16(1)(c)1.b.b. Groundwater Sampling Field Manual. Wisconsin Department of Natural Resources, PUBL-DG-038-96, September, 1996.

NR 140.16 NoteThese publications are available for inspection at the offices of the department, the secretary of state and the legislative reference bureau.

NR 140.16(1)(c)2.2. Where no procedure for collecting a particular groundwater quality sample is specified by the appropriate regulatory agency or in the publications referenced in subd. 1., other published scientifically valid groundwater sampling procedures may be used.

NR 140.16(1)(d)(d) Laboratory requirements.. All groundwater quality samples, except samples collected for total coliform bacteria laboratory analysis, E. coli laboratory analysis, field analyses for pH, field analysis for specific conductance, and field analysis for temperature, shall be analyzed in accordance with provisions under ch. NR 149 by a laboratory certified or registered under ch. NR 149. Samples for total coliform bacteria and E. coli analysis shall be analyzed by the state laboratory of hygiene or at a laboratory approved or certified by the department of agriculture, trade and consumer protection.