NR 508.02(2)(2) This chapter does not apply to the design, construction or operation of industrial wastewater facilities, sewerage systems and waterworks treating liquid wastes approved under s. 281.41, Stats., or permitted under ch. 283, Stats., nor to facilities used solely for the disposal of liquid municipal or industrial wastes which have been approved under s. 281.41, Stats., or permitted under ch. 283, Stats., except for facilities used for the disposal of solid waste. NR 508.02 HistoryHistory: Cr., Register, June, 1996, No. 486, eff. 7-1-96; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register March 2003 No. 567; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register April 2013 No. 688; CR 13-057: am. (1) Register July 2015 No. 715, eff. 8-1-15; CR 21-076: renum. (1) to (1) (a) and (b) 1. to 3. and am., cr. (1) (b) (intro.) Register July 2022 No. 799, eff. 8-1-22. NR 508.03NR 508.03 Definitions. The terms used in this chapter are defined in s. NR 500.03. NR 508.03 HistoryHistory: Cr., Register, June, 1996, No. 486, eff. 7-1-96. NR 508.04NR 508.04 Responses when a groundwater standard is attained or exceeded at any groundwater monitoring well. If a PAL, ACL or ES is attained or exceeded at any groundwater monitoring well according to s. NR 140.14 and the value is confirmed, the owner or operator shall comply with subs. (1) and (2) and may be required, either by the department or under s. NR 508.05 (5), to comply with subs. (3) and (4). NR 508.04(3)(3) If required by the department, the owner or operator shall develop a site investigation workplan and a site investigation report in accordance with ss. NR 716.05 to 716.11 and 716.15 to 716.17. If a site investigation report is submitted under s. NR 716.15, it shall include proof of financial responsibility to comply with s. NR 520.05 (1). NR 508.04(4)(4) If required by the department, the owner or operator shall evaluate and select remedial action options and develop a remedial action options report in accordance with ch. NR 722. Any soil contamination shall be addressed in accordance with the requirements of ch. NR 720. NR 508.04(5)(5) If the owner or operator implements remedial action, the department shall determine whether the remedial action has met the requirements of ch. NR 140 in accordance with ch. NR 726. NR 508.04 NoteNote: For the purpose of this chapter, the department considers a value to be confirmed if a follow up field sample attains or exceeds the groundwater standard.
NR 508.04 NoteNote: Section NR 140.14 (3) addresses exceedances for analytical results that fall between the limit of detection and the limit of quantitation. NR 508.04 HistoryHistory: Cr. Register, June, 1996, No. 486, eff. 7-1-96. NR 508.05NR 508.05 Responses when a groundwater standard is attained or exceeded at a Subtitle D well. If a PAL, ACL or ES is attained or exceeded at a Subtitle D well and the value is confirmed, the owner or operator shall continue detection monitoring in accordance with s. NR 507.19 and shall respond in accordance with s. NR 508.04 and the following requirements: NR 508.05(1)(1) The owner or operator may demonstrate that a reported value represents a false exceedance of a groundwater standard in accordance with s. NR 507.28 (3). If the department does not concur with the written demonstration within 30 days, the owner or operator shall begin assessment monitoring in accordance with this subsection. If the department concurs within 30 days after receipt of the demonstration, the owner or operator need not begin assessment monitoring. NR 508.05(2)(2) The department may approve an alternate assessment monitoring program if the only parameters which are at or above the groundwater standards are the inorganic detection monitoring parameters listed under municipal solid waste in ch. NR 507 Appendix I Table 1. NR 508.05(3)(3) The owner or operator shall conduct an assessment monitoring program in accordance with all of the following requirements: NR 508.05(3)(a)(a) The owner or operator shall collect and analyze assessment monitoring samples from all of the Subtitle D wells at the facility. The first set of assessment monitoring samples shall be collected during the first routine monitoring event following receipt of the groundwater standard exceedance. The first set of assessment monitoring samples shall be analyzed for the parameters determined under either subd. 1. or 2. or as approved by the department in writing: NR 508.05(3)(b)(b) Annually, the owner or operator shall sample and analyze the leachate for the parameters listed in ch. NR 507 Appendix II. Within 14 days after obtaining the leachate sampling results, the owner or operator shall place the results in the operating record. Within 60 days after the end of the sampling period, the owner or operator shall submit the leachate sampling results to the department. NR 508.05(3)(c)(c) Semiannually, the owner or operator shall sample the Subtitle D wells for all of the following: NR 508.05(3)(d)(d) All assessment monitoring samples being analyzed for metals shall be obtained using the low-flow sampling technique. NR 508.05(3m)(3m) The owner or operator may submit a written request to eliminate select parameters from the assessment monitoring program required under this section after 4 rounds of assessment monitoring have been collected and analyzed. The request shall demonstrate that these parameters were not detected in any of the 4 rounds. The department may approve eliminating any parameters that were not detected in the first 4 rounds or detected once but not confirmed in subsequent rounds.