NR 140.22(2)(b)2.2. Any point beyond the boundary of the property on which the facility, practice or activity is located; NR 140.22(2)(b)3.3. Any point within the property boundaries beyond the 3 dimensional design management zone if one is established by the department at each facility, practice or activity under sub. (3). NR 140.22 NoteNote: The boundary beyond which the enforcement standards apply is the closer of the property boundary or the design management zone boundary to the waste boundary for the facility, practice or activity.
NR 140.22(2)(c)(c) For discharges, releases, sites or facilities regulated under s. 292.11, 291.29 or 291.37, Stats., or s. NR 600.07, for which a design management zone has not been established in sub. (3), Table 4, the point of standards application shall be every point at which groundwater is monitored to determine if a preventive action limit or enforcement standard has been attained or exceeded. NR 140.22 NoteNote: Section NR 600.07 no longer exists.
NR 140.22(2)(d)(d) The point of standards application to determine if a preventive action limit or enforcement standard for a specified substance has been attained or exceeded at an aquifer storage recovery well, regulated under ch. 280 or 281, Stats., is 1,200 feet from the aquifer storage and recovery well and at any other well that is not part of the ASR system and that is within 1,200 feet of the aquifer storage recovery well. NR 140.22(3)(a)(a) The design management zone for facilities, practices or activities subject to regulation by the department shall be an area enclosed by vertical boundaries which extend from the land surface downward through all saturated geological formations. The design management zone shall extend horizontally beyond the waste boundary or ASR displacement zone to the distance indicated in Table 4 for the specific type of facility, practice or activity. The waste boundary shall be the outermost limit at which waste from a facility, practice or activity has been stored, applied or disposed of, or permitted or approved for storage, application or disposal. For hazardous waste facilities regulated under ch. 291, Stats., the waste boundary shall include the horizontal space taken up by any liner, dike or other barrier to contain waste. NR 140.22(3)(b)(b) In issuing or reissuing a permit, license or approval, the department may consider an expansion or reduction of the design management zone at a regulated or proposed facility, practice or activity by a horizontal distance not to exceed 50% of the distance listed in Table 4. NR 140.22(3)(c)(c) The department shall consider the following factors in determining whether to expand or reduce the design management zone: NR 140.22(3)(c)1.1. Nature, thickness and permeability of unconsolidated materials, including topography; NR 140.22(3)(c)4.4. Waste volume, waste type and characteristics, including waste loading; NR 140.22(3)(d)(d) The design management zone may not be expanded or reduced unless it has been demonstrated to the satisfaction of the department that the preventive action limits and enforcement standards will be met at the adjusted design management zone. The design management zone may not be expanded unless it has been demonstrated to the satisfaction of the department that the preventive action limits and enforcement standards cannot be met at the design management zone specified in Table 4. Table 4
NR 140.22 HistoryHistory: Cr. Register, September, 1985, No. 357, eff. 10-1-85; am. (1) (b), Register, October, 1988, No. 394, eff. 11-1-88; am. (4) and table 4, Register, January, 1992, No. 433, eff. 2-1-92; am. (1), cr. (1) (d), renum. (2) to (5) to be (2) (a), (b), (c) and (3) and am. (2) (b) 3., Register, March, 1994, No. 459, eff. 4-1-94; CR 02-134: am. (1) (intro.), (2) (a), (b) (intro.), (3) (a) and Table 4, cr. (1m) and (2) (d) Register June 2003 No. 570, eff. 7-1-03; correction in Table 4 made under s. 13.93 (2m) (b) 7., Stats., Register November 2006 No. 611. NR 140.24NR 140.24 Responses when a preventive action limit is attained or exceeded. NR 140.24(1)(1) Notification and assessment. If the concentration of a substance, including indicator parameters, in groundwater attains or exceeds a preventive action limit at a point of standards application as described in s. NR 140.22 (2): NR 140.24(1)(a)(a) The owner or operator of the facility, practice or activity shall notify the department in writing when monitoring data is submitted that a preventive action limit has been attained or exceeded in accordance with any deadlines in applicable statutes, rules, permits or plan approvals. Where no deadlines are imposed, the owner or operator shall notify the department as soon as practical after the results are received. When the results of any private well sampling attain or exceed a preventive action limit, the owner or operator of the facility, practice or activity shall notify the department within 10 days after the results are received. The notification shall provide a preliminary analysis of the cause and significance of the concentration. NR 140.24 NoteNote: Section 292.11 (2) (a), Stats., requires that the department be notified immediately of hazardous substance discharges.