CR 24-063 Rule Text

(e) Implement a quarterly gas monitoring program in accordance with plans approved by the department.

(3) (h) In addition to the field measurements required under s. NR 507.17 (1), the groundwater elevations shall be measured in each CCR well immediately prior to purging, each time groundwater is sampled, and the results shall be reported to the department in accordance with s. NR 507.26 (3). The owner or operator of the CCR landfill shall also determine the rate and direction of groundwater flow each time groundwater is sampled and report the result results to the department in writing along with any other explanations or notifications required under s. NR 507.26 (3) accordance with s. NR 507.26. Groundwater elevations in wells that monitor the same CCR landfill shall be measured within a timeframe short enough to avoid temporal variations in groundwater flow that could preclude accurate determination of groundwater flow rate and direction.

(k) The owner or operator of the CCR landfill shall notify submit to the department in writing all CCR well sampling and analytical results within 60 90 days of completing sampling and analysis at any CCR well when a groundwater standard has been attained or exceeded in accordance with s. NR 507.30. the end of the sampling period in accordance with s. NR 507.26 (3).

103 Section 103   NR 507.16 (1) (d) 7. is created to read:

NR 507.16 (1) (d) 7. Procedures for containerizing and disposing of purge water with known or probable exceedances of an enforcement standard for a substance of public health concern.

104 Section 104   NR 507.17 (4) is amended to read:

NR 507.17 (4) Analytical methods. Groundwater, lysimeter, and leachate samples shall be handled and analyzed in accordance with the requirements of methods listed in subch. VII of ch. NR 149 or other suitable analytical method identified by the department in writing. Screening methods may not be used unless approved in writing by the department. Water supply samples shall be handled in accordance with s. NR 507.20. The department may approve alternative analytical methods under s. NR 149.42.

105 Section 105   NR 507.18 (1) (a), (2) (a), (3) (a), and (4) are amended to read:

NR 507.18 (1) (a) Baseline groundwater quality shall be established at all monitoring wells that were installed outside the proposed limits of filling to evaluate the proposed facility. Samples shall be analyzed for each detection monitoring parameter as appropriate for the particular waste types accepted at the landfill. Chapter NR 507 Appendix I, Tables 1, 1A, and 2 indicate which parameters shall be analyzed for each waste type. The department may require additional parameters based on the waste types and waste characteristics accepted at the landfill.

(2) (a) Unless otherwise specified by the department in writing, baseline groundwater quality shall be established at all monitoring wells outside the proposed limits of filling which that were installed to evaluate the proposed facility. Baseline water quality for these wells shall be established for the public health and welfare groundwater quality standards listed in under ch. NR 507 Appendix I, Table 3.

(3) (a) Baseline groundwater quality shall be established for all VOCs listed in under ch. NR 507 Appendix III, at all monitoring wells that were installed to evaluate the proposed facility outside the proposed limits of filling. Landfills designed to accept CCR and CCR landfills are exempt from baseline groundwater quality monitoring for VOCs.

(4) Baseline groundwater quality at new or replacement monitoring wells. All new or replacement groundwater monitoring wells installed after July 1, 1996, shall be sampled on a semi-annual basis beginning with the sampling event following installation for the parameters specified in under subs. (1) to (3) to establish baseline groundwater quality. The results shall be submitted in accordance with s. NR 507.26 (3). The department may waive the requirement to establish baseline groundwater quality monitoring for a replacement well which that is established in the same environment and proximity as the well being replaced. This requirement does not apply to new wells installed for the purpose of investigating potential groundwater impacts from the landfill or for wells installed at closed landfills that predate baseline sampling requirements unless otherwise directed by the department in writing.

106 Section 106   NR 507.19 (intro.) is amended to read:

NR 507.19 Detection groundwater monitoring. Owners or operators of solid waste disposal facilities shall implement a detection groundwater monitoring program in accordance with this section and the approved plan of operation unless otherwise approved in writing by the department. If assessment monitoring is a required response in accordance with s. NR 508.05, the owner or operator shall continue detection monitoring at all wells without interruption unless the department approves otherwise in writing. The department may require the owner or operator of a solid waste disposal facility to sample water supply wells in accordance with s. NR 507.20.

107 Section 107   NR 507.20 (3) (intro.) and (3) (Note) are amended to read:

NR 507.20 (3) Private water supply well documentation. The owner or operator of a solid waste disposal facility which that is required by the department to sample private wells shall do each all of the following during the first round of sampling after July 1, 1996:

(3) Note: The form is available at http://dnr.wi.gov/topic/Groundwater/forms.html. It may also be obtained from the department of natural resources, bureau of waste management, 101 South Webster Street, P.O. Box 7921, Madison, WI 53707-7921, [phone], [e-mail] [e-mail].

108 Section 108   NR 507.21 (2) is amended to read:

NR 507.21 (2) Additional leachate sampling. Owners or operators of municipal solid waste disposal facilities required to designate Subtitle D wells in accordance with s. NR 507.15 (2) (a) may monitor leachate annually for 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 and, within 60 90 days after of the end of the sampling period, submit the results to the department.

109 Section 109   NR 507.21 (3) is renumbered NR 507.21 (3) (title) and (3) (a) and amended to read:

NR 507.21 (3) Leachate head monitoring. (a) Sampling. Owners or operators of solid waste disposal facilities shall sample all leachate head wells for leachate head levels on a quarterly basis, at a minimum, unless otherwise approved by the department in writing, and report the data to the department semi-annually and in accordance with s. NR 507.26 (3).

110 Section 110   NR 507.21 (3) (b) is created to read:

NR 507.21 (3) (b) Notification and remediation. If the owner or operator of a solid waste disposal facility records leachate levels greater than one foot in any leachate head well, the owner or operator shall remeasure the level in that well within 30 days of the initial measurement. The owner or operator shall submit a corrective action plan to the department within 90 days after confirmation of a second consecutive leachate level measurement greater than one foot. The corrective action plan shall include a timeline for implementation of the corrective actions. In addition to requirements for landfill owners under s. NR 507.15 (2), the proposed corrective action plan and notification of its implementation shall be placed in the operating record. The department may, upon written request, approve alternate schedules for submittal and implementation of the corrective action plan.

111 Section 111   NR 507.215 (intro.) is amended to read:

NR 507.215 Leachate recirculation monitoring. The owner or operator of a solid waste facility that recirculates leachate shall sample for, maintain records of, and report to the department as required all of the following, in accordance with ch. NR 507 Appendix I, Table 4A:

112 Section 112   NR 507.215 (3) (b) is repealed.

113 Section 113   NR 507.22 (1) (a) is amended to read:

NR 507.22 (1) (a) Sampling parameters. The owner or operator shall sample gas monitoring wells quarterly for percent methane and percent oxygen beginning with the first sampling period following acceptance of waste in accordance with ch. NR 507 Appendix I, Table 6 or as otherwise approved by the department in writing. Each time a well is sampled, the following shall be recorded: temperature, ground condition, barometric pressure, information as to whether the barometric pressure is rising or falling, and initial and stabilized methane levels. Initial readings are not required to be reported unless the stabilized reading for a particular monitoring point drops to zero.

114 Section 114   NR 507.22 (2) is renumbered NR 507.22 (2) (a).

[Note to LRB: Keep the original title under NR 507.22 (2).]

115 Section 115   NR 507.22 (2) (b) is created to read:

NR 507.22 (2) (b) The owner or operator of a municipal solid waste disposal facility shall sample the landfill gas extraction system beginning with the first sampling period following installation in accordance with ch. NR 507 Appendix I, Table 6 or as otherwise approved by the department in writing.

116 Section 116   NR 507.22 (3) is amended to read:

NR 507.22 (3) Reporting. Unless otherwise approved by the department in writing, the owner or operator shall report gas monitoring results to the department no less frequently than semi-annually and in accordance with s. NR 507.26 (3).

117 Section 117   NR 507.23 (intro.) is amended to read:

NR 507.23 Surface water monitoring. The department may require the owner or operator to monitor storm water runoff, leachate seeps, sumps, sedimentation ponds, any surface water bodies including wetlands, and other storm water discharges resulting from facility operation. Unless otherwise approved by the department in writing, the owner or operator shall report surface water monitoring results in accordance with s. NR 507.26 (3).

118 Section 118   NR 507.26 (2) (a) is amended to read:

NR 507.26 (2) (a) The owner or operator shall report to the department the results of all water supply well sampling required by the department within 10 days after receipt in accordance with sub. (3) and ch. 160, Stats. The results shall be accompanied by 2 copies of a copy of the laboratory results and a cover letter which highlights values that attain or exceed enforcement standards in s. NR 140.10 Table 1. The owner or operator shall report to the department the results of all water supply well sampling required by the department in accordance with sub. (3) that includes the location address of each water supply well, the water supply well owner name and mailing address, and the occupant’s name and mailing address, if different from the water supply well owner.

119 Section 119   NR 507.26 (2) (am) is created to read:

NR 507.26 (2) (am) When the results of any water supply well sampling attain or exceed a preventive action limit or enforcement standard in s. NR 140.10 Table 1 or s. NR 140.12 Table 2, the owner or operator shall submit to the department a copy of the laboratory results and cover letter required under par. (a) within 10 days after the results are received. The cover letter shall include a summary of values that attain or exceed a preventive action limit or enforcement standard, the wells at which the preventive action limit or enforcement standard was attained or exceeded, and a preliminary analysis of the cause and significance of each concentration in accordance with s. NR 140.24 (1) (a) or 140.26 (1) (a).

120 Section 120   NR 507.26 (3) (intro.), (a) (Note) and (b) (intro.), 1., 2., and 4. are amended to read:

NR 507.26 (3) All other environmental monitoring results. The owner or operator shall submit all sampling results and water elevation data to the department within 60 90 days of the end of the sampling period or of obtaining in-field gas sampling results, unless otherwise directed by the department in writing. An explanation of any deviation from the approved sampling plan or analytical procedures shall be submitted at the same time. subject to all of the following requirements:

(a) Note: The specific data formats for electronic monitoring result submittals can be obtained from the department of natural resources, bureau of waste management, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707-7921, [phone], [e-mail]. [e-mail].

(b) Sampling results. The owner or operator shall submit report all sampling results at or above the limit of detection as values. Results below the limit of detection shall be reported as less than the limit of detection. In addition, the owner or operator shall submit all of the following information for each sampling round event:

1. The limit of detection and the limit of quantitation for each parameter with a public health related groundwater standard in s. NR 140.10, Table 1 or 140.12, Table 2. The limit of detection and the limit of quantitation shall be determined in accordance with a method specified by the department as required in s. NR 149.48 (2) and (3).

2. A “J” flag result qualifier for each detected parameter with a reported value between at or above the limit of detection and but below the limit of quantitation: LOD ≤ Result < LOQ.

4. Quality control flags identified as I, II, and III to indicate all of the following:

121 Section 121   NR 507.26 (3) (b) 4. a. and b. are repealed and recreated to read:

NR 507.26 (3) (b) 4. a. Report an “F” for quality control flag I if the parameter is detected in the sample at or above the limit of detection and is also detected in its associated method blank, trip blank, or field blank at a concentration that exceeds the highest of any of the following: the limit of detection; five percent of the PAL or lowest applicable regulatory limit; or ten percent of the measured concentration in the sample. Otherwise, report an “M”.

b. Report an “F” for quality control flag II if the sample failed to meet the analytical method’s preservation or holding time requirements. Otherwise, report an “M”.

122 Section 122   NR 507.26 (3) (b) 4. b. (Note) is repealed.

123 Section 123   NR 507.26 (3) (b) 4. c. is repealed and recreated to read:

NR 507.26 (3) (b) 4. c. Report an “F” for quality control flag III if the parameter failed any quality control requirements specified by the analytical method or ch. NR 149. Otherwise, report an “M”.

124 Section 124   NR 507.27 is repealed and recreated to read:

NR 507.27 Calculation of groundwater standards. (1) Baseline and detection monitoring. The owner or operator shall calculate and submit to the department for approval proposed PALs for all baseline and detection monitoring parameters that do not have s. NR 140.10 or 140.12 standards, except field pH, temperature and groundwater elevation, and ACLs for inorganic substances for which an exemption to a standard has been granted. Calculations of PALs and ACLs for each well shall be based on baseline data representative of groundwater quality not affected by the landfill unless the department determines that data from a well with similar groundwater quality may be used. A landfill owner or operator may propose or the department may initiate a reevaluation of approved groundwater standard exemptions and approved PALs and ACLs if background concentrations change.

(2) Preventive action limits. The owner or operator of an existing solid waste disposal facility shall calculate PALs for baseline and detection monitoring parameters at the direction of the department. Applicants for a proposed solid waste disposal facility shall calculate and propose in the plan of operation PALs specific to each parameter and well, for all baseline and detection monitoring parameters that do not have s. NR 140.10 or 140.12 standards and all wells to be used in the monitoring program, unless otherwise directed by the department in writing. Detection monitoring parameters are listed in ch. NR 507 Appendix I, Tables 1, 1A, and 2. Calculations for PALs shall be done in accordance with the methods specified in s. NR 140.20. PALs are not required for pH, temperature, or groundwater elevation. The department may require the owner or operator to conduct additional sampling if the department determines that the data used to calculate a PAL is not representative of baseline water quality not affected by the landfill.

(3) Alternative concentration limits. Applicants for proposed solid waste disposal facilities shall calculate and propose in the plan of operation ACLs specific to each substance and well, that correspond to each exemption the department has granted to a groundwater standard listed in s. NR 140.10 or NR 140.12, under s. NR 140.28, for all wells to be used in the monitoring program, unless otherwise directed by the department in writing. The owner or operator of an existing solid waste disposal facility may request an exemption under s. NR 140.28 and propose calculated ACLs for any inorganic public health or welfare parameter that has established standards listed in s. NR 140.10 or 140.12 in accordance with s. NR 507.29.

Note: Guidance for calculations is available from the department of natural resources, bureau of waste and materials management, 101 South Webster Street, P.O. Box 7921, Madison, WI 53707-7921, [e-mail].

125 Section 125   NR 507.29 (intro.) is amended to read:

NR 507.29 Exemptions to groundwater standards. The owner or operator of a solid waste disposal facility may request an exemption to groundwater standards in accordance with ss. s. NR 140.28 and 500.08 (4) and this section. The exemption request shall be submitted to the department in writing. The department may require additional information in order to review the exemption request.

126 Section 126   NR 507.30 (1) (a) and (2) are amended to read:

NR 507.30 (1) (a) The owner or operator shall notify the department in writing if any value attains or exceeds a groundwater standard. The notification shall specify the parameters for which standards have been attained or exceeded and the wells at which the standard was attained or exceeded and shall provide a preliminary analysis of the cause and significance of each concentration in accordance with s. NR 140.24 (1) (a) or 140.26 (1) (a). The sampling results and 2 copies of the notification shall be submitted to the department within 60 90 days from of the end of the sampling period unless otherwise approved by the department in writing.

(2) Water supply wells. The owner or operator shall notify the department in writing if any value in a water supply sample attains or exceeds a groundwater standard or any other substances of concern are detected in the sample. The notification shall be in accordance with ss. s. NR 507.26 (2) and 507.30 (1).

127 Section 127   NR 507 Appendix I, Table 1, Table 1A, Table 2, Table 3, and Table 4 are amended to read: