NR 664.0092 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0093 NR 664.0093Hazardous constituents.
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)3. 3. The quantity of groundwater and the direction of groundwater flow.
NR 664.0093(2)(a)4. 4. The proximity and withdrawal rates of groundwater users.
NR 664.0093(2)(a)5. 5. The current and future uses of groundwater in the area.
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)(a)9. 9. The persistence and permanence of the potential adverse effects.
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.
NR 664.0093(2)(b)3. 3. The quantity and quality of groundwater, and the direction of groundwater flow.
NR 664.0093(2)(b)4. 4. The patterns of rainfall in the region.
NR 664.0093(2)(b)5. 5. The proximity of the regulated unit to surface waters.
NR 664.0093(2)(b)6. 6. The current and future uses of surface waters in the area and any water quality standards established for those surface waters.
NR 664.0093(2)(b)7. 7. The existing quality of surface water, including other sources of contamination and the cumulative impact on surface-water quality.
NR 664.0093(2)(b)8. 8. The potential for health risks caused by human exposure to waste constituents.
NR 664.0093(2)(b)9. 9. The potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents.
NR 664.0093(2)(b)10. 10. The persistence and permanence of the potential adverse effects.
NR 664.0093(2m) (2m) The department may not grant an exclusion under sub. (2) that would allow a violation of ch. NR 140 enforcement standards, except as provided by s. NR 140.28.
NR 664.0093(3) (3) In making any determination under sub. (2) about the use of groundwater in the area around the facility, the department shall consider any identification of underground sources of drinking water and exempted aquifers made under 40 CFR 144.7.
NR 664.0093 Note Note: There are no exempted aquifers in Wisconsin.
NR 664.0093 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0094 NR 664.0094Concentration limits.
NR 664.0094(1) (1) The department shall specify in the facility license concentration limits in the groundwater for hazardous constituents established under s. NR 664.0093. The concentration that is specified for a hazardous constituent shall meet the following conditions:
NR 664.0094(1)(a) (a) May not exceed the background level of that constituent in the groundwater at the time that the limit is specified in the license.
NR 664.0094(1)(b) (b) For any of the constituents listed in Table 1, may not exceed the respective value given in that table if the background level of the constituent is below the value given in Table 1.
Table 1
Maximum Concentration of Constituents
for Groundwater Protection - See PDF for table PDF
1 Milligrams per liter.
NR 664.0094(1)(c) (c) May not exceed an alternate limit established by the department under sub. (2).
NR 664.0094(1)(d) (d) May not exceed the enforcement standards established under ch. NR 140, except as provided by s. NR 140.28.
NR 664.0094(2) (2) The department shall establish an alternate concentration limit for a hazardous constituent if it finds that the constituent will not pose a substantial present or potential hazard to human health or the environment as long as the alternate concentration limit is not exceeded. In establishing alternate concentration limits, the department shall consider all of the following factors:
NR 664.0094(2)(a) (a) Potential adverse effects on groundwater quality, considering all of the following:
NR 664.0094(2)(a)1. 1. The physical and chemical characteristics of the waste in the regulated unit, including its potential for migration.
NR 664.0094(2)(a)2. 2. The hydrogeological characteristics of the facility and surrounding land.
NR 664.0094(2)(a)3. 3. The quantity of groundwater and the direction of groundwater flow.
NR 664.0094(2)(a)4. 4. The proximity and withdrawal rates of groundwater users.
NR 664.0094(2)(a)5. 5. The current and future uses of groundwater in the area.
NR 664.0094(2)(a)6. 6. The existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater quality.
NR 664.0094(2)(a)7. 7. The potential for health risks caused by human exposure to waste constituents.
NR 664.0094(2)(a)8. 8. The potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents.
NR 664.0094(2)(a)9. 9. The persistence and permanence of the potential adverse effects.
NR 664.0094(2)(b) (b) Potential adverse effects on hydraulically-connected surface-water quality, considering all of the following:
NR 664.0094(2)(b)1. 1. The volume and physical and chemical characteristics of the waste in the regulated unit.
NR 664.0094(2)(b)2. 2. The hydrogeological characteristics of the facility and surrounding land.
NR 664.0094(2)(b)3. 3. The quantity and quality of groundwater, and the direction of groundwater flow.
NR 664.0094(2)(b)4. 4. The patterns of rainfall in the region.
NR 664.0094(2)(b)5. 5. The proximity of the regulated unit to surface waters.
NR 664.0094(2)(b)6. 6. The current and future uses of surface waters in the area and any water quality standards established for those surface waters.
NR 664.0094(2)(b)7. 7. The existing quality of surface water, including other sources of contamination and the cumulative impact on surface water quality.
NR 664.0094(2)(b)8. 8. The potential for health risks caused by human exposure to waste constituents.
NR 664.0094(2)(b)9. 9. The potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents.
NR 664.0094(2)(b)10. 10. The persistence and permanence of the potential adverse effects.
NR 664.0094(2m) (2m) The department may not establish an alternate concentration limit under sub. (2) that is inconsistent with ch. NR 140.
NR 664.0094(3) (3) In making any determination under sub. (2) about the use of groundwater in the area around the facility the department shall consider any identification of underground sources of drinking water and exempted aquifers made under 40 CFR 144.7.
NR 664.0094 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0095 NR 664.0095Point of standards application.
NR 664.0095(1) (1) The department shall specify in the facility license the point of standards application at which the groundwater protection standard of s. NR 664.0092 applies and at which monitoring shall be conducted. The point of standards application is a vertical surface located at the hydraulically downgradient limit of the waste management area that extends down into the uppermost aquifer underlying the regulated units.
NR 664.0095(2) (2) The waste management area is the limit projected in the horizontal plane of the area on which waste will be placed during the active life of a regulated unit.
NR 664.0095(2)(a) (a) The waste management area includes horizontal space taken up by any liner, dike or other barrier designed to contain waste in a regulated unit.
NR 664.0095(2)(b) (b) If the facility contains more than one regulated unit, an imaginary line circumscribing the several regulated units describes the waste management area.
NR 664.0095 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0096 NR 664.0096Compliance period.
NR 664.0096(1) (1) The department shall specify in the facility license the compliance period during which the groundwater protection standard of s. NR 664.0092 applies. The compliance period is the number of years equal to the active life of the waste management area (including any waste management activity prior to licensing, and the closure period.)
NR 664.0096(2) (2) The compliance period begins when the owner or operator initiates a compliance monitoring program meeting the requirements of s. NR 664.0099.
NR 664.0096(3) (3) If the owner or operator is engaged in a corrective action program at the end of the compliance period specified in sub. (1), the compliance period is extended until the owner or operator can demonstrate that the groundwater protection standard of s. NR 664.0092 has not been exceeded for a period of 3 consecutive years.
NR 664.0096 History History: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.
NR 664.0097 NR 664.0097General groundwater monitoring requirements. The owner or operator shall comply with the following requirements for any groundwater monitoring program developed to satisfy s. NR 664.0098, 664.0099 or 664.0100:
NR 664.0097(1) (1) The groundwater monitoring system shall consist of a sufficient number of wells, installed at appropriate locations and depths to yield groundwater samples from the uppermost aquifer that do all of the following:
NR 664.0097(1)(a) (a) Represent the quality of background water that has not been affected by leakage from a regulated unit. A determination of background quality may include sampling of wells that are not hydraulically upgradient of the waste management area where all of the following conditions are met:
NR 664.0097(1)(a)1. 1. Hydrogeologic conditions do not allow the owner or operator to determine what wells are hydraulically upgradient.
NR 664.0097(1)(a)2. 2. Sampling at other wells shall provide an indication of background groundwater quality that is representative or more representative than that provided by the upgradient wells.
NR 664.0097(1)(b) (b) Represent the quality of groundwater passing the point of standards application.
NR 664.0097(1)(c) (c) Allow for the detection of contamination when hazardous waste or hazardous constituents have migrated from the waste management area to the uppermost aquifer.
NR 664.0097(2) (2) If a facility contains more than one regulated unit, separate groundwater monitoring systems are not required for each regulated unit provided that provisions for sampling the groundwater in the uppermost aquifer will enable detection and measurement at the point of standards application of hazardous constituents from the regulated units that have entered the groundwater in the uppermost aquifer.
NR 664.0097(3) (3) All monitoring wells shall be cased in a manner that maintains the integrity of the monitoring-well bore hole. This casing shall be screened or perforated and packed with gravel or sand, where necessary, to enable collection of groundwater samples. The annular space (i.e., the space between the bore hole and well casing) above the sampling depth shall be sealed to prevent contamination of samples and the groundwater.
NR 664.0097(4) (4) The groundwater monitoring program shall include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide a reliable indication of groundwater quality below the waste management area. At a minimum the program shall include procedures and techniques for all of the following:
NR 664.0097(4)(a) (a) Sample collection.
NR 664.0097(4)(b) (b) Sample preservation and shipment.
NR 664.0097(4)(c) (c) Analytical procedures.
NR 664.0097(4)(d) (d) Chain of custody control.
NR 664.0097(5) (5) The groundwater monitoring program shall include sampling and analytical methods that are appropriate for groundwater sampling and that accurately measure hazardous constituents in groundwater samples.
NR 664.0097(6) (6) The groundwater monitoring program shall include a determination of the groundwater surface elevation each time groundwater is sampled.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.