Section NR 508.05 - Responses when a groundwater standard is attained or exceeded at a Subtitle D wellIf a PAL, ACL or ES is attained or exceeded at a Subtitle D well and the value is confirmed, the owner or operator shall continue detection monitoring in accordance with s. NR 507.19 and shall respond in accordance with s. NR 508.04 and the following requirements:
(1) The owner or operator may demonstrate that a reported value represents a false exceedance of a groundwater standard in accordance with s. NR 507.28(3). If the department does not concur with the written demonstration within 30 days, the owner or operator shall begin assessment monitoring in accordance with this subsection. If the department concurs within 30 days after receipt of the demonstration, the owner or operator need not begin assessment monitoring.(2) The department may approve an alternate assessment monitoring program if the only parameters which are at or above the groundwater standards are the inorganic detection monitoring parameters listed under municipal solid waste in ch. NR 507 Appendix I Table 1.(3) The owner or operator shall conduct an assessment monitoring program in accordance with all of the following requirements:(a) The owner or operator shall collect and analyze assessment monitoring samples from all of the Subtitle D wells at the facility. The first set of assessment monitoring samples shall be collected during the first routine monitoring event following receipt of the groundwater standard exceedance. The first set of assessment monitoring samples shall be analyzed for the parameters determined under either subd.1. or 2. or as approved by the department in writing: 1. All of the parameters listed in ch. NR 507 Appendix II.2. All of the parameters detected in leachate samples collected to date in accordance with s. NR 507.21(2).(b) Annually, the owner or operator shall sample and analyze the leachate for the 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. Within 60 days after the end of the sampling period, the owner or operator shall submit the leachate sampling results to the department.(c) Semiannually, the owner or operator shall sample the Subtitle D wells for all of the following: 1. All ch. NR 507 Appendix II parameters which have been detected in the leachate after July 1, 1996.2. All ch. NR 507 Appendix II parameters which have been detected in Subtitle D wells after July 1, 1996.(d) All assessment monitoring samples being analyzed for metals shall be obtained using the low-flow sampling technique.(3m) The owner or operator may submit a written request to eliminate select parameters from the assessment monitoring program required under this section after 4 rounds of assessment monitoring have been collected and analyzed. The request shall demonstrate that these parameters were not detected in any of the 4 rounds. The department may approve eliminating any parameters that were not detected in the first 4 rounds or detected once but not confirmed in subsequent rounds.(4) The owner or operator may submit a written request to cease the assessment monitoring program required under this section. The request shall demonstrate that 2 consecutive semi-annual sampling rounds show that all detected parameters in the groundwater samples from the Subtitle D wells are at or below groundwater standards listed in ch. NR 140 Tables 1 and 2, or PALs or ACLs established in accordance with s. NR 507.27. The department may approve the cessation of assessment monitoring if the only parameters which remain above the groundwater standards are the inorganic detection parameters listed under municipal solid waste in ch. NR 507 Appendix I Table 1.(5) If an ES is attained or exceeded at a Subtitle D well and the value is confirmed, the owner or operator, in addition to s. NR 508.05 (intro.) and subs.(1) to (3), shall do all of the following: (a) Notify the clerk of each municipality within which the landfill is located and whose boundary is within 1,200 feet of the limits of filling of any sampling result which exceeds an enforcement standard. The owner or operator shall notify the clerk within 14 days of receiving the sample result.(b) Develop a site investigation work plan and a site investigation report in accordance with s. NR 508.04(3).(c) Evaluate and select remedial action options and develop a report in accordance with s. NR 508.04(4).Wis. Admin. Code Department of Natural Resources § NR 508.05
Cr. Register, June, 1996, No. 486, eff. 7-1-96; CR 05-020: cr. (3m) Register January 2006 No. 601, eff. 2-1-06.For the purpose of this chapter, the department considers a value to be confirmed if a follow up field sample attains or exceeds the groundwater standard.