NR 140.05(20s) (20s) “Specified substance" means one of the following: chloroform, bromodichloromethane, dibromochloromethane or bromoform.
NR 140.05(21) (21) “Substance" means any solid, liquid, semisolid, dissolved solid or gaseous material, naturally occurring or man-made chemical, parameter for measurement of water quality or biological organism which, in its original form, or as a metabolite or a degradation or waste product, may decrease the quality of groundwater.
NR 140.05(22) (22) “Wastewater and sludge storage or treatment lagoon" means a natural or man-made containment structure, constructed primarily of earthen materials for the treatment or storage of wastewater or sludge, which is not a land disposal system.
NR 140.05 History History: Cr. Register, September, 1985, No. 357, eff. 10-1-85; cr. (1m), am. (7), (17) and (18), Register, October, 1988, No. 394, eff. 11-1-88; am. (6), cr. (20h) and (20m), Register, March, 1994, No. 459, eff. 4-1-94; cr. (1s), (10e), (10s), (20k), r. and recr. (12), (13), Register, August, 1995, No. 476, eff. 9-1-95; cr. (14m), Register, October, 1996, No. 490, eff. 11-1-96; am. (20), Register, December, 1998, No. 516, eff. 1-1-99; correction in (9) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2001, No. 544; CR 02-134: cr. (1u), (1w), (1y) and (20s) Register June 2003 No. 570, eff. 7-1-03; correction in (20) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673.
subch. II of ch. NR 140 Subchapter II — Groundwater Quality Standards
NR 140.10 NR 140.10 Public health related groundwater standards. The groundwater quality standards for substances of public health concern are listed in Table 1.
NR 140.10 Note Note: For all substances that have carcinogenic, mutagenic or teratogenic properties or interactive effects, the preventive action limit is 10% of the enforcement standard. The preventive action limit is 20% of the enforcement standard for all other substances that are of public health concern. Enforcement standards and preventive action limits for additional substances will be added to Table I as recommendations are developed pursuant to ss. 160.07, 160.13 and 160.15, Stats. - See PDF for table PDF
NR 140.10 Note Note: Consistent with the Department of Health Services' recommendation for the NR 140 ammonia standard, the department will use total ammonia, which is the sum of ionized ammonia and un-ionized ammonia in groundwater, in applying groundwater ammonia standards.
NR 140.10 History History: Cr. Register, September, 1985, No. 357, eff. 10-1-85; am. table 1, Register, October, 1988, No. 394, eff. 11-1-88; am. table 1, Register, September, 1990, No. 417, eff. 10-1-90; am. Register, January, 1992, No. 433, eff. 2-1-92; am. Table 1, Register, March, 1994, No. 459, eff. 4-1-94; am. Table 1, Register, August, 1995, No. 476, eff. 9-1-95; am. Table 1, Register, December, 1998, No. 516, eff. 1-1-99; am. Table 1, boron, Register, December, 1998, No. 516, eff. 12-31-99; am. Table 1, Register, March, 2000, No. 531, eff. 4-1-00; CR 03-063: am Table 1, Register February 2004 No. 578, eff. 3-1-04; CR 02-095: am. Table 1, Register November 2006 No. 611, eff. 12-1-06; reprinted to correct errors in Table 1, Register January 2007 No. 613; CR 07-034: am. Table 1 Register January 2008 No. 625, eff. 2-1-08; CR 09-102: am. Table 1 Register December 2010 No. 660, eff. 1-1-11.
NR 140.12 NR 140.12 Public welfare related groundwater standards. The groundwater quality standards for substances of public welfare concern are listed in Table 2.
NR 140.12 Note Note: For each substance of public welfare concern, the preventive action limit is 50% of the established enforcement standard.
Table 2
Public Welfare Groundwater Quality Standards - See PDF for table PDF
NR 140.12 History History: 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 NR 140.14 Statistical procedures.
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 History History: 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 NR 140.16 Monitoring and laboratory data requirements.
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 Note Note: Copies of these publications may be purchased from:
NR 140.16 Note Wisconsin Department of Administration
Document Sales Unit
4622 University Avenue
Madison, WI 53705-2156
NR 140.16 Note These 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 analysis and field analyses for pH, specific conductance and temperature, shall be analyzed in accordance with provisions of ch. NR 149 by a laboratory certified or registered under ch. NR 149. Samples for total coliform bacteria 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.
NR 140.16 Note Note: Refer to s. NR 149.46 for sample preservation procedures and holding times.
NR 140.16(1)(e) (e) Data submittal. The results of the analysis of groundwater quality samples shall be submitted to the department and any applicable regulatory agency. Except as provided in s. NR 205.07 (3) (c) for wastewater permittees, this section does not require the submission of groundwater monitoring data which is collected voluntarily and is not required to be collected to determine compliance with this chapter or another rule or statute.
NR 140.16(2) (2) The laboratory shall select the analytical methodology which:
NR 140.16(2)(a) (a) Is specified in rules or approved by the regulatory agency, and
NR 140.16(2)(b) (b) Is appropriate for the concentration of the sample, and
NR 140.16(2)(c) (c) Is one of the following:
NR 140.16(2)(c)1. 1. Has a limit of detection and limit of quantitation below the preventive action limit, or
NR 140.16(2)(c)2. 2. Produces the lowest available limit of detection and limit of quantitation if the limit of detection and limit of quantitation are above the preventive action limit.
NR 140.16(3) (3) If the owner or operator of a facility, practice or activity believes that a sample result does not represent groundwater quality in the vicinity of the facility, practice or activity, the owner or operator shall resample the appropriate well or wells to obtain a representative sample at the earliest possible time. All sample results shall be submitted to the department and the appropriate regulatory agency with an explanation of why the owner or operator believes that all or some of the results are invalid.
NR 140.16(4) (4) The department may reject groundwater quality data that does not meet the requirements of the approved or designated analytical methods.
NR 140.16(5) (5) The owner or operator of the facility, practice or activity shall report the limit of detection and the limit of quantitation with the sample results. If a substance is detected below the limit of quantitation, the owner or operator shall report the detected value with the appropriate qualifier to the regulatory agency.
NR 140.16 History History: Cr. Register, September, 1985, No. 357, eff. 10-1-85; am. (1), Register, September, 1990, No. 417, eff. 10-1-90; am. (1), r. and recr. (2), Register, March, 1994, No. 459, eff. 4-1-94; (5) renum. from NR 140.14 (3) (c), cr. (4), Register, August, 1995, No. 476, eff. 9-1-95; r. and recr. (1), Register, December, 1998, No. 516, eff. 1-1-99.
subch. III of ch. NR 140 Subchapter III — Evaluation and Response Procedures
NR 140.20 NR 140.20 Indicator parameter groundwater standards.
NR 140.20(1)(1) Establishing background water quality. Background water quality at a facility, practice or activity at which monitoring is required shall be established by sampling one or more monitoring points at locations and depths sufficient to yield groundwater samples that are representative of background water quality at or near the facility, practice or activity. Background water quality shall be determined for indicator parameters specified by the department. Background water quality for indicator parameters shall be established by averaging a minimum of 8 sample results from each well. The department may exclude any sample result which is nonrepresentative of background water quality. In making the calculations required in this section, the department may use as many representative sample points as are available.
NR 140.20(2) (2)Establishing preventive action limits for indicator parameters. For each indicator parameter for which groundwater monitoring is required by the department, the preventive action limit shall be established based upon a change of water quality with respect to background water quality according to the methodology specified in pars. (a) to (c) and in Table 3.
NR 140.20(2)(a) (a) For field pH, the preventive action limit shall be one pH unit above or below the pH of the background water quality.
NR 140.20(2)(b) (b) For field temperature, the preventive action limit shall be 3 standard deviations or 10ºF (5.6ºC), whichever is greater, above or below the temperature of the background water quality.
NR 140.20(2)(c) (c) For all other indicator parameters, the preventive action limit shall be the background water quality for that parameter plus 3 standard deviations or the background water quality plus the increase of that parameter listed in Table 3, whichever is greater.
NR 140.20 Note Note: The standard deviation for a group of samples is equal to the square root of: the value of the sum of the squares of the difference between each sample in the sample group and the mean for that sample group divided by the number of samples in the sample group where the sample group has 30 or more samples and by one less than the number of samples in the sample group where the sample group has less than 30 samples.
Table 3
Methodology for Establishing Preventive Action Limit for Indicator Parameters - See PDF for table PDF
NR 140.20 History History: Cr. Register, September, 1985, No. 357, eff. 10-1-85; am. table 3, Register, October, 1990, No. 418, eff. 11-1-90; am. Table 3, Register, December, 1998, No. 516, eff. 1-1-99; CR 09-102: am. Table 3 Register December 2010 No. 660, eff. 1-1-11.
NR 140.22 NR 140.22 Point of standards application for design and compliance.
NR 140.22(1)(1) Design. Except as specified in sub. (1m), facilities, practices or activities regulated by the department, including remedial actions, shall be designed to minimize the level of substances in groundwater and to comply with the preventive action limits to the extent technically and economically feasible at all the following locations:
NR 140.22(1)(a) (a) Any point of present groundwater use.
NR 140.22(1)(b) (b) Any point beyond the boundary of the property on which the facility, practice or activity is located.
NR 140.22(1)(c) (c) 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(1)(d) (d) Every point at which groundwater is monitored to determine if a preventive action limit or enforcement standard has been attained or exceeded for sites identified under s. NR 140.22 (2) (c).
NR 140.22(1m) (1m)Design of asr systems; specified substances. The point of standards application to determine if the design of an aquifer storage recovery system, regulated under ch. 280 or 281, Stats., complies with the preventive action limits for a specified substance is 1,200 feet from an 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 an aquifer storage recovery well.
NR 140.22(2) (2)Compliance.
NR 140.22(2)(a)(a) Except as specified in par. (d), the point of standards application to determine if a preventive action limit has been attained or exceeded is any point at which groundwater is monitored.
NR 140.22(2)(b) (b) Except as specified in par. (d), the point of standards application to determine whether an enforcement standard has been attained or exceeded shall be the following locations:
NR 140.22(2)(b)1. 1. Any point of present groundwater use;
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 Note Note: 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 Note Note: 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) (3)Design management zone.
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)2. 2. Nature and permeability of bedrock;
NR 140.22(3)(c)3. 3. Groundwater depth, flow direction and velocity;
NR 140.22(3)(c)4. 4. Waste volume, waste type and characteristics, including waste loading;
NR 140.22(3)(c)5. 5. Contaminant mobility;
NR 140.22(3)(c)6. 6. Distances to property boundary and surface waters;
NR 140.22(3)(c)7. 7. Engineering design of the facility, practice or activity;
NR 140.22(3)(c)8. 8. Life span of the facility, practice or activity;
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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.