NR 664.0090(6)(b)(b) It is not necessary to apply the groundwater monitoring and corrective action requirements of ss. NR 664.0091 to 664.0100 because alternative requirements will protect human health and the environment. NR 664.0090 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0091(1)(1) Owners and operators subject to this subchapter shall conduct a monitoring and response program according to the following: NR 664.0091(1)(a)(a) Whenever hazardous constituents under s. NR 664.0093 from a regulated unit are detected at a point of standards application under s. NR 664.0095, the owner or operator shall institute a compliance monitoring program under s. NR 664.0099. Detected is defined as statistically significant evidence of contamination as described in s. NR 664.0098 (6). NR 664.0091(1)(b)(b) Whenever the groundwater protection standard under s. NR 664.0092 is exceeded, the owner or operator shall institute a corrective action program under s. NR 664.0100. Exceeded is defined as statistically significant evidence of increased contamination as described in s. NR 664.0099 (4). NR 664.0091(1)(c)(c) Whenever hazardous constituents under s. NR 664.0093 from a regulated unit exceed concentration limits under s. NR 664.0094 in groundwater between the point of standards application under s. NR 664.0095 and the downgradient facility property boundary, the owner or operator shall institute a corrective action program under s. NR 664.0100. NR 664.0091(1)(e)(e) Chemical and physical samples shall be analyzed by a laboratory certified or registered under ch. NR 149, except for field analyses for pH, specific conductance and temperature. NR 664.0091(2)(2) The department shall specify in the facility license the specific elements of the monitoring and response program. The department may include one or more of the programs identified in sub. (1) in the facility license as may be necessary to protect human health and the environment and shall specify the circumstances under which each of the programs will be required. In deciding whether to require the owner or operator to be prepared to institute a particular program, the department shall consider the potential adverse effects on human health and the environment that might occur before final administrative action on an application to modify the license to incorporate such a program could be taken. NR 664.0091 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0092NR 664.0092 Groundwater protection standard. The owner or operator shall comply with conditions specified in the facility license that are designed to ensure that hazardous constituents under s. NR 664.0093 detected in the groundwater from a regulated unit do not exceed the concentration limits under s. NR 664.0094 or the enforcement standards listed in ch. NR 140, whichever are more stringent, in the uppermost aquifer underlying the waste management area beyond the point of standards application under s. NR 664.0095 during the compliance period under s. NR 664.0096. The department shall establish this groundwater protection standard in the license when hazardous constituents have been detected in the groundwater. NR 664.0092 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 664.0093(1)(1) The department shall specify in the facility license the hazardous constituents to which the groundwater protection standard of s. NR 664.0092 applies. Hazardous constituents are constituents identified in ch. NR 661 Appendix VIII, that have been detected in groundwater in the uppermost aquifer underlying a regulated unit and that are reasonably expected to be in or derived from waste contained in a regulated unit, unless the department has excluded them under sub. (2). NR 664.0093(2)(2) The department shall exclude a ch. NR 661 Appendix VIII constituent from the list of hazardous constituents specified in the license if it finds that the constituent is not capable of posing a substantial present or potential hazard to human health or the environment. In deciding whether to grant an exemption, the department shall consider all of the following: NR 664.0093(2)(a)(a) Potential adverse effects on groundwater quality, considering all of the following: NR 664.0093(2)(a)1.1. The physical and chemical characteristics of the waste in the regulated unit, including its potential for migration. NR 664.0093(2)(a)2.2. The hydrogeological characteristics of the facility and surrounding land. NR 664.0093(2)(a)6.6. The existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater quality. NR 664.0093(2)(a)7.7. The potential for health risks caused by human exposure to waste constituents. NR 664.0093(2)(a)8.8. The potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents. NR 664.0093(2)(b)(b) Potential adverse effects on hydraulically-connected surface water quality, considering all of the following: NR 664.0093(2)(b)1.1. The volume and physical and chemical characteristics of the waste in the regulated unit. NR 664.0093(2)(b)2.2. The hydrogeological characteristics of the facility and surrounding land.