NR 665.0092(3)(a)(a) For all monitoring wells, the owner or operator shall establish initial background concentrations or values of all parameters specified in sub. (2). The owner or operator shall do this quarterly for one year. NR 665.0092(3)(b)(b) For each of the indicator parameters specified in sub. (2) (c), at least 4 replicate measurements shall be obtained for each sample and the initial background arithmetic mean and variance shall be determined by pooling the replicate measurements for the respective parameter concentrations or values in samples obtained from upgradient wells during the first year. NR 665.0092(4)(4) After the first year, all monitoring wells shall be sampled and the samples analyzed with the following frequencies: NR 665.0092(4)(a)(a) Samples collected to establish groundwater quality shall be obtained and analyzed for the parameters specified in sub. (2) (b) at least annually. NR 665.0092(4)(b)(b) Samples collected to indicate groundwater contamination shall be obtained and analyzed for the parameters specified in sub. (2) (c) at least semi-annually. NR 665.0092(5)(5) Elevation of the groundwater surface at each monitoring well shall be determined each time a sample is obtained. NR 665.0092 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687. NR 665.0093NR 665.0093 Preparation, evaluation and response. NR 665.0093(1)(1) By August 1, 1982, the owner or operator shall prepare an outline of a groundwater quality assessment program. The outline shall describe a more comprehensive groundwater monitoring program (than that described in ss. NR 665.0091 and 665.0092) capable of determining all of the following: NR 665.0093(1)(a)(a) Whether hazardous waste or hazardous waste constituents have entered the groundwater. NR 665.0093(1)(b)(b) The rate and extent of migration of hazardous waste or hazardous waste constituents in the groundwater. NR 665.0093(1)(c)(c) The concentrations of hazardous waste or hazardous waste constituents in the groundwater. NR 665.0093(2)(2) For each indicator parameter specified in s. NR 665.0092 (2) (c), the owner or operator shall calculate the arithmetic mean and variance, based on at least 4 replicate measurements on each sample, for each well monitored in accordance with s. NR 665.0092 (4) (b), and compare these results with its initial background arithmetic mean. The comparison shall consider individually each of the wells in the monitoring system, and shall use the Student’s t-test at the 0.01 level of significance (see ch. NR 665 Appendix IV) to determine statistically significant increases (and decreases, in the case of pH) over initial background. NR 665.0093(3)(a)(a) If the comparisons for the upgradient wells made under sub. (2) show a significant increase (or pH decrease), the owner or operator shall submit this information in accordance with s. NR 665.0094 (1) (b) 2. NR 665.0093(3)(b)(b) If the comparisons for downgradient wells made under sub. (2) show a significant increase (or pH decrease), the owner or operator shall then immediately obtain additional groundwater samples from those downgradient wells where a significant difference was detected, split the samples in 2 and obtain analyses of all additional samples to determine whether the significant difference was a result of laboratory error. NR 665.0093(4)(a)(a) If the analyses performed under sub. (3) (b) confirm the significant increase (or pH decrease), the owner or operator shall provide written notice to the department—within 7 days of the date of the confirmation—that the facility may be affecting groundwater quality. NR 665.0093(4)(b)(b) Within 15 days after the notification under par. (a), the owner or operator shall develop and submit to the department a specific plan, based on the outline required under sub. (1) and certified by a qualified geologist or geotechnical engineer, for a groundwater quality assessment program at the facility. This plan shall be placed in the facility’s operating record and be maintained until closure of the facility. NR 665.0093(4)(c)2.2. Sampling and analytical methods for those hazardous wastes or hazardous waste constituents in the facility. NR 665.0093(4)(c)3.3. Evaluation procedures, including any use of previously-gathered groundwater quality information. NR 665.0093(4)(d)(d) The owner or operator shall implement the groundwater quality assessment plan which satisfies the requirements of par. (c), and, at a minimum, determine all of the following: NR 665.0093(4)(d)1.1. The rate and extent of migration of the hazardous waste or hazardous waste constituents in the groundwater. NR 665.0093(4)(d)2.2. The concentrations of the hazardous waste or hazardous waste constituents in the groundwater. NR 665.0093(4)(e)(e) The owner or operator shall make the first determination under par. (d) as soon as technically feasible, and, within 15 days after that determination, submit to the department a written report containing an assessment of the groundwater quality. This report shall be placed in the facility’s operating record and be maintained until closure of the facility. NR 665.0093(4)(f)(f) If the owner or operator determines, based on the results of the first determination under par. (d), that no hazardous waste or hazardous waste constituents from the facility have entered the groundwater, then the owner or operator may reinstate the indicator evaluation program described in s. NR 665.0092 and sub. (2). If the owner or operator reinstates the indicator evaluation program, the owner or operator shall so notify the department in the report submitted under par. (e). NR 665.0093(4)(g)(g) If the owner or operator determines, based on the first determination under par. (d), that hazardous waste or hazardous waste constituents from the facility have entered the groundwater, then the owner or operator: NR 665.0093(4)(g)1.1. Shall continue to make the determinations required under par. (d) on a quarterly basis until final closure of the facility, if the groundwater quality assessment plan was implemented prior to final closure of the facility. NR 665.0093(4)(g)2.2. May cease to make the determinations required under par. (d), if the groundwater quality assessment plan was implemented during the long-term care period. NR 665.0093(5)(5) Notwithstanding any other provision of this subchapter, any groundwater quality assessment to satisfy the requirements of sub. (4) (d) which is initiated prior to final closure of the facility shall be completed and reported in accordance with sub. (4) (e). NR 665.0093(6)(6) Unless the groundwater is monitored to satisfy the requirements of sub. (4) (d), at least annually the owner or operator shall evaluate the data on groundwater surface elevations obtained under s. NR 665.0092 (5) to determine whether the requirements under s. NR 665.0091 (1) for locating the monitoring wells continues to be satisfied. If the evaluation shows that s. NR 665.0091 (1) is no longer satisfied, the owner or operator shall immediately modify the number, location or depth of the monitoring wells to bring the groundwater monitoring system into compliance with s. NR 665.0091 (1). NR 665.0093 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687; CR 16-007: am. (4) (b), (e) Register July 2017 No. 739, eff. 8-1-17. NR 665.0094(1)(a)(a) Keep records of the analyses required in s. NR 665.0092 (3) and (4), the associated groundwater surface elevations required in s. NR 665.0092 (5) and the evaluations required in s. NR 665.0093 (2) throughout the active life of the facility, and, for disposal facilities, throughout the long-term care period as well. NR 665.0094(1)(b)(b) Report all of the following groundwater monitoring information to the department: NR 665.0094(1)(b)1.1. During the first year when initial background concentrations are being established for the facility: Concentrations or values of the parameters listed in s. NR 665.0092 (2) (a) for each groundwater monitoring well within 15 days after completing each quarterly analysis. The owner or operator shall separately identify for each monitoring well any parameters whose concentration or value has been found to exceed the maximum contaminant levels listed in ch. NR 665 Appendix III. NR 665.0094(1)(b)2.2. Annually: Concentrations or values of the parameters listed in s. NR 665.0092 (2) (c) for each groundwater monitoring well, along with the required evaluations for these parameters under s. NR 665.0093 (2). The owner or operator shall separately identify any significant differences from initial background found in the upgradient wells, in accordance with s. NR 665.0093 (3) (a). During the active life of the facility, this information shall be submitted no later than March 1 following each calendar year. NR 665.0094(1)(b)3.3. No later than March 1 following each calendar year: Results of the evaluations of groundwater surface elevations under s. NR 665.0093 (6), and a description of the response to that evaluation, where applicable. NR 665.0094(2)(a)(a) Keep records of the analyses and evaluations specified in the plan, which satisfies the requirements of s. NR 665.0093 (4) (c), throughout the active life of the facility, and, for disposal facilities, throughout the long-term care period as well. NR 665.0094(2)(b)(b) Annually, until final closure of the facility, submit to the department a report containing the results of the groundwater quality assessment program which includes, but is not limited to, the calculated (or measured) rate of migration of hazardous waste or hazardous waste constituents in the groundwater during the reporting period. This information shall be submitted no later than March 1 following each calendar year. NR 665.0094 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06; correction in (1) (b) 1. made under s. 13.92 (4) (b) 7., Stats., Register March 2013 No. 687. NR 665.0110(2)(b)(b) Waste piles and surface impoundments for which the owner or operator intends to remove the wastes at closure to the extent that these sections are made applicable to the facilities in s. NR 665.0228 or 665.0258. NR 665.0110(4)(4) The department may replace all or part of the requirements of this subchapter (and the unit-specific standards in s. NR 665.0111 (3)) applying to a regulated unit (as defined in s. NR 664.0090), with alternative requirements for closure set out in an approved closure or long-term care plan, or in an enforceable document (as defined in s. NR 670.001 (3) (g)), where the department determines both of the following conditions are met: NR 665.0110(4)(a)(a) A regulated unit is situated among solid waste management units (or areas of concern), a release has occurred and both the regulated unit and one or more solid waste management units (or areas of concern) are likely to have contributed to the release. NR 665.0110(4)(b)(b) It is not necessary to apply the closure requirements of this subchapter (or those referenced in this subchapter) because the alternative requirements will protect human health and the environment, and will satisfy the closure performance standard of s. NR 665.0111 (1) and (2). NR 665.0110 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0111NR 665.0111 Closure performance standard. The owner or operator shall close the facility in a manner that does all of the following: NR 665.0111(2)(2) Controls, minimizes or eliminates, to the extent necessary to protect human health and the environment, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated run-off or hazardous waste decomposition products to the ground or surface waters or to the atmosphere. NR 665.0111(4)(4) Meets, in the case of a landfill or surface impoundment, applicable requirements in ch. NR 140 and applicable soil cleanup standards in ch. NR 720 or meets the applicable closure requirements of sub. (2) or (3), whichever are more stringent. NR 665.0111 HistoryHistory: CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06. NR 665.0112NR 665.0112 Closure plan; amendment of plan. NR 665.0112(1)(1) Written plan. By February 1, 1982, or by 6 months after the effective date of the rule that first subjects a facility to provisions of this section, the owner or operator of a hazardous waste management facility shall have a written closure plan. Until final closure is completed and certified in accordance with s. NR 665.0115, a copy of the most current plan shall be furnished to the department upon request, including request by mail. In addition, for facilities without approved plans, it shall also be provided during site inspections, on the day of inspection, to any officer, employee or representative of the department. NR 665.0112(2)(2) Content of plan. The plan shall identify steps necessary to perform partial or final closure of the facility, or both, at any point during its active life. The closure plan shall include, at least all of the following: NR 665.0112(2)(a)(a) A description of how each hazardous waste management unit at the facility will be closed in accordance with s. NR 665.0111. NR 665.0112(2)(b)(b) A description of how final closure of the facility will be conducted in accordance with s. NR 665.0111. The description shall identify the maximum extent of the operation which will be unclosed during the active life of the facility. NR 665.0112(2)(c)(c) An estimate of the maximum inventory of hazardous wastes ever on-site over the active life of the facility and a detailed description of the methods to be used during partial and final closure, including, but not limited to methods for removing, transporting, treating, storing or disposing of all hazardous waste, identification of and the types of off-site hazardous waste management units to be used, if applicable. NR 665.0112(2)(d)(d) A detailed description of the steps needed to remove or decontaminate all hazardous waste residues and contaminated containment system components, equipment, structures and soils during partial and final closure including, but not limited to, procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils and criteria for determining the extent of decontamination necessary to satisfy the closure performance standard. NR 665.0112(2)(e)(e) A detailed description of other activities necessary during the partial and final closure period to ensure that all partial closures and final closure satisfy the closure performance standards, including, but not limited to, groundwater monitoring, leachate collection and run-on and run-off control. NR 665.0112(2)(f)(f) A schedule for closure of each hazardous waste management unit and for final closure of the facility. The schedule shall include, at a minimum, the total time required to close each hazardous waste management unit and the time required for intervening closure activities which will allow tracking of the progress of partial and final closure. (For example, in the case of a landfill unit, estimates of the time required to treat or dispose of all hazardous waste inventory and of the time required to place a final cover shall be included.). NR 665.0112(2)(g)(g) An estimate of the expected year of final closure for facilities that use trust funds to demonstrate financial assurance under s. NR 665.0143 or 665.0145 and whose remaining operating life is less than 20 years, and for facilities without approved closure plans. NR 665.0112(2)(h)(h) For facilities where the department has applied alternative requirements at a regulated unit under s. NR 665.0090 (6), 665.0110 (4) or 665.0140 (4), either the alternative requirements applying to the regulated unit, or a reference to the enforceable document containing those alternative requirements. NR 665.0112(3)(3) Amendment of plan. The owner or operator may amend the closure plan at any time prior to the notification of partial or final closure of the facility. An owner or operator with an approved closure plan shall submit a written request to the department to authorize a change to the approved closure plan. The written request shall include a copy of the amended closure plan for approval by the department. NR 665.0112(3)(a)(a) The owner or operator shall amend the closure plan under any of the following circumstances: NR 665.0112(3)(a)3.3. In conducting partial or final closure activities, unexpected events require a modification of the closure plan. NR 665.0112(3)(b)(b) The owner or operator shall amend the closure plan at least 60 days prior to the proposed change in facility design or operation, or no later than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event occurs during the partial or final closure period, the owner or operator shall amend the closure plan no later than 30 days after the unexpected event. This paragraph also applies to owners or operators of surface impoundments and waste piles who intended to remove all hazardous wastes at closure, but are required to close as landfills in accordance with s. NR 665.0310. NR 665.0112(3)(c)(c) An owner or operator with an approved closure plan shall submit the modified plan to the department at least 60 days prior to the proposed change in facility design or operation, or no more than 60 days after an unexpected event has occurred which has affected the closure plan. If an unexpected event has occurred during the partial or final closure period, the owner or operator shall submit the modified plan no more than 30 days after the unexpected event. This paragraph also applies to owners or operators of surface impoundments and waste piles who intended to remove all hazardous wastes at closure but are required to close as landfills in accordance with s. NR 665.0310. If the amendment to the plan is a class 2 or 3 modification according to the criteria in s. NR 670.042, the modification to the plan will be approved according to the procedures in sub. (4) (d). NR 665.0112(3)(d)(d) The department may request modifications to the plan under the conditions described in par. (a). An owner or operator with an approved closure plan shall submit the modified plan within 60 days of the request from the department, or within 30 days if the unexpected event occurs during partial or final closure. If the amendment is considered a class 2 or 3 modification according to the criteria in s. NR 670.042, the modification to the plan will be approved in accordance with the procedures in sub. (4) (d).
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