Wis. Admin. Code Department of Natural Resources NR 140.16

Current through October 28, 2024
Section NR 140.16 - Monitoring and laboratory data requirements
(1)
(a) All groundwater quality samples collected to determine compliance with ch. 160, Stats., shall comply with this section except as noted.
(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.
(c)Department groundwater sampling procedures.
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:
a. Groundwater Sampling Desk Reference. Wisconsin Department of Natural Resources, PUBL-DG-037-96, September, 1996.
b. Groundwater Sampling Field Manual. Wisconsin Department of Natural Resources, PUBL-DG-038-96, September, 1996.

Note: Copies of these publications may be purchased from:

Wisconsin Department of Administration

Document Sales Unit

4622 University Avenue

Madison, WI 53705-2156

These publications are available for inspection at the offices of the department, the secretary of state and the legislative reference bureau.

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.
(d)Laboratory requirements. All groundwater quality samples, except samples collected for total coliform bacteria laboratory analysis, E. coli laboratory analysis, field analyses for pH, field analysis for specific conductance, and field analysis for temperature, shall be analyzed in accordance with provisions under ch. NR 149 by a laboratory certified or registered under ch. NR 149. Samples for total coliform bacteria and E. coli 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.

Note: Refer to s. NR 149.442 for sample preservation procedures and holding times.

(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.
(2) The laboratory shall select the analytical methodology which:
(a) Is specified in rules or approved by the regulatory agency, and
(b) Is appropriate for the concentration of the sample, and
(c) Is one of the following:
1. Has a limit of detection and limit of quantitation below the preventive action limit, or
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.
(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.
(4) The department may reject groundwater quality data that does not meet the requirements of the approved or designated analytical methods.
(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.

Wis. Admin. Code Department of Natural Resources NR 140.16

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.
Amended by, correction in (1) (d) (Note) made under s. 13.92(4) (b), Stats., Register February 2021 No. 782, eff. 3/1/2021.
Amended by, CR 22-061: am. (1) (d) Register July 2023 No. 811, eff. 8/1/2023