Section 664.0093. Hazardous constituents.

 

(1)  The department shall specify in the facility license the hazardous constituents to which the groundwater protection standard of s. NR 664.0092 applies. Hazardous constituents are constituents identified in ch. NR 661 Appendix VIII , that have been detected in groundwater in the uppermost aquifer underlying a regulated unit and that are reasonably expected to be in or derived from waste contained in a regulated unit, unless the department has excluded them under sub. (2) .

(2)  The department shall exclude a ch. NR 661 Appendix VIII constituent from the list of hazardous constituents specified in the license if it finds that the constituent is not capable of posing a substantial present or potential hazard to human health or the environment. In deciding whether to grant an exemption, the department shall consider all of the following:

(a) Potential adverse effects on groundwater quality, considering all of the following:

1. The physical and chemical characteristics of the waste in the regulated unit, including its potential for migration.

2. The hydrogeological characteristics of the facility and surrounding land.

3. The quantity of groundwater and the direction of groundwater flow.

4. The proximity and withdrawal rates of groundwater users.

5. The current and future uses of groundwater in the area.

6. The existing quality of groundwater, including other sources of contamination and their cumulative impact on the groundwater quality.

7. The potential for health risks caused by human exposure to waste constituents.

8. The potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents.

9. The persistence and permanence of the potential adverse effects.

(b) Potential adverse effects on hydraulically-connected surface water quality, considering all of the following:

1. The volume and physical and chemical characteristics of the waste in the regulated unit.

2. The hydrogeological characteristics of the facility and surrounding land.

3. The quantity and quality of groundwater, and the direction of groundwater flow.

4. The patterns of rainfall in the region.

5. The proximity of the regulated unit to surface waters.

6. The current and future uses of surface waters in the area and any water quality standards established for those surface waters.

7. The existing quality of surface water, including other sources of contamination and the cumulative impact on surface-water quality.

8. The potential for health risks caused by human exposure to waste constituents.

9. The potential damage to wildlife, crops, vegetation and physical structures caused by exposure to waste constituents.

10. The persistence and permanence of the potential adverse effects.

(2m)  The department may not grant an exclusion under sub. (2) that would allow a violation of ch. NR 140 enforcement standards, except as provided by s. NR 140.28 .

(3)  In making any determination under sub. (2) about the use of groundwater in the area around the facility, the department shall consider any identification of underground sources of drinking water and exempted aquifers made under 40 CFR 144.7 .

History: CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06.

Note

There are no exempted aquifers in Wisconsin. Microsoft Windows NT 6.1.7601 Service Pack 1