Section 664.0094. Concentration limits.

 

(1)  The department shall specify in the facility license concentration limits in the groundwater for hazardous constituents established under s. NR 664.0093 . The concentration that is specified for a hazardous constituent shall meet the following conditions:

(a) May not exceed the background level of that constituent in the groundwater at the time that the limit is specified in the license.

(b) For any of the constituents listed in Table 1, may not exceed the respective value given in that table if the background level of the constituent is below the value given in Table 1.

Table 1
Maximum Concentration of Constituents
for Groundwater Protection - See PDF for table

1 Milligrams per liter.

(c) May not exceed an alternate limit established by the department under sub. (2) .

(d) May not exceed the enforcement standards established under ch. NR 140 , except as provided by s. NR 140.28 .

(2)  The department shall establish an alternate concentration limit for a hazardous constituent if it finds that the constituent will not pose a substantial present or potential hazard to human health or the environment as long as the alternate concentration limit is not exceeded. In establishing alternate concentration limits, the department shall consider all of the following factors:

(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 establish an alternate concentration limit under sub. (2) that is inconsistent with ch. NR 140 .

(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.