Section NR 507.28 - Evaluation of groundwater standards exceedances The owner or operator shall determine whether a groundwater standard has been attained or exceeded and whether a PAL or ES applies in accordance with this section.
(1) DETERMINATION OF GROUNDWATER STANDARD EXCEEDANCE. The owner or operator shall determine whether a reported value has attained or exceeded a PAL or ES in accordance with s. NR 140.14.(2) THE POINT OF STANDARDS APPLICATION. The point of standards application to determine if a PAL or ES has been attained or exceeded is specified in either s. NR 140.22 (2) or (3) or s. NR 507.15 (3) (L) 4. for a CCR well. The design management zone and waste boundary are defined in s. NR 140.22 (3). The department may consider an expansion or reduction of the design management zone, excluding CCR wells, in accordance with s. NR 140.22 (3) (b) to (d). For purposes of evaluating compliance, a groundwater monitoring well located at the property line is a point of standards application for an ES.(3) DEMONSTRATION OF A FALSE GROUNDWATER STANDARD EXCEEDANCE. The owner or operator may demonstrate, by resampling or other means, that a source other than the solid waste disposal facility caused the contamination or that the sample result attaining or exceeding a groundwater standard is due to an error. The owner or operator shall notify the department of the intent to either begin assessment monitoring or determine that a false exceedance has occurred. The owner or operator shall submit the statement of intent with the notification required in s. NR 507.30 (1). The owner or operator shall submit the written demonstration of false exceedance with the results of the next routine monitoring.Wis. Admin. Code Department of Natural Resources § NR 507.28
Amended by, Cr. Register, June, 1996, No. 486, eff. 7-1-96; CR 21-076: am. (2) Register July 2022 No. 799, eff. 8/1/2022.