Section 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)   D ETERMINATION 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) . 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 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.