Section 664.0098. Detection monitoring program.

  An owner or operator required to establish a detection monitoring program under this subchapter shall, at a minimum, discharge all of the following responsibilities:

(1)  The owner or operator shall monitor for indicator parameters (e.g., specific conductance, total organic carbon or total organic halogen), waste constituents or reaction products that provide a reliable indication of the presence of hazardous constituents in groundwater. The department shall specify the parameters or constituents to be monitored in the facility license, after considering all of the following factors:

(a) The types, quantities and concentrations of constituents in wastes managed at the regulated unit.

(b) The mobility, stability and persistence of waste constituents or their reaction products in the unsaturated zone beneath the waste management area.

(c) The detectability of indicator parameters, waste constituents and reaction products in groundwater.

(d) The concentrations or values and coefficients of variation of proposed monitoring parameters or constituents in the groundwater background.

(2)  The owner or operator shall install a groundwater monitoring system at the point of standards application as specified under s. NR 664.0095 . The groundwater monitoring system shall comply with s. NR 664.0097 (1) (b) , (2) and (3) .

(3)  The owner or operator shall conduct a groundwater monitoring program for each chemical parameter and hazardous constituent specified in the license pursuant to sub. (1) in accordance with s. NR 664.0097 (7) . The owner or operator shall maintain a record of groundwater analytical data as measured and in a form necessary for the determination of statistical significance under s. NR 664.0097 (8) .

(4)  The department shall specify the frequencies for collecting samples and conducting statistical tests to determine whether there is statistically significant evidence of contamination for any parameter or hazardous constituent specified in the license under sub. (1) in accordance with s. NR 664.0097 (7) . A sequence of at least 4 samples from each well (background and compliance wells) shall be collected at least semi-annually during detection monitoring.

(5)  The owner or operator shall determine the groundwater flow rate and direction in the uppermost aquifer at least annually.

(6)  The owner or operator shall determine whether there is statistically significant evidence of contamination for any chemical parameter or hazardous constituent specified in the license pursuant to sub. (1) at a frequency specified under sub. (4) .

(a) In determining whether statistically significant evidence of contamination exists, the owner or operator shall use the methods specified in the license under s. NR 664.0097 (8) . These methods shall compare data collected at the points of standards applications to the background groundwater quality data.

(b) The owner or operator shall determine whether there is statistically significant evidence of contamination at each monitoring well at the point of standards application within a reasonable period of time after completion of sampling. The department shall specify in the facility license what period of time is reasonable, after considering the complexity of the statistical test and the availability of laboratory facilities to perform the analysis of groundwater samples.

(7)  If the owner or operator determines pursuant to sub. (6) that there is statistically significant evidence of contamination for chemical parameters or hazardous constituents specified pursuant to sub. (1) at any monitoring well at the point of standards application, the owner or operator shall do all of the following:

(a) Notify the department of this finding in writing within 7 days. The notification shall indicate what chemical parameters or hazardous constituents have shown statistically significant evidence of contamination.

(b) Immediately sample the groundwater in all monitoring wells and determine whether constituents in the list of ch. NR 664 Appendix IX are present, and if so, in what concentration.

(c) For any ch. NR 664 Appendix IX compounds found in the analysis pursuant to par. (b) , the owner or operator may resample within one month and repeat the analysis for those compounds detected. If the results of the second analysis confirm the initial results, then these constituents will form the basis for compliance monitoring. If the owner or operator does not resample for the compounds found pursuant to par. (b) , the hazardous constituents found during this initial ch. NR 664 Appendix IX analysis will form the basis for compliance monitoring.

(d) Within 90 days, submit to the department an application to modify the license to establish a compliance monitoring program meeting the requirements of s. NR 664.0099 . The application shall include all of the following information:

1. An identification of the concentration of any ch. NR 664 Appendix IX constituent detected in the groundwater at each monitoring well at the point of standards application.

2. Any proposed changes to the groundwater monitoring system at the facility necessary to meet the requirements of s. NR 664.0099 .

3. Any proposed additions or changes to the monitoring frequency, sampling and analysis procedures or methods, or statistical methods used at the facility necessary to meet the requirements of s. NR 664.0099 .

4. For each hazardous constituent detected at the point of standards application, a proposed concentration limit under s. NR 664.0094 (1) (a) or (b) , or a notice of intent to seek an alternate concentration limit under s. NR 664.0094 (2) .

(e) Within 180 days, submit to the department all of the following:

1. All data necessary to justify an alternate concentration limit sought under s. NR 664.0094 (2) .

2. An engineering feasibility plan for a corrective action program necessary to meet the requirement of s. NR 664.0100 , unless any of the following conditions are met:

a. All hazardous constituents identified under par. (b) are listed in s. NR 664.0094 , Table 1, and their concentrations do not exceed the respective values given in that table.

b. The owner or operator has sought an alternate concentration limit under s. NR 664.0094 (2) for every hazardous constituent identified under par. (b) .

(f) If the owner or operator determines, pursuant to sub. (6) , that there is a statistically significant difference for chemical parameters or hazardous constituents specified pursuant to sub. (1) at any monitoring well at the point of standards application, owner or operator may demonstrate that a source other than a regulated unit caused the contamination or that the detection is an artifact caused by an error in sampling, analysis or statistical evaluation or natural variation in the groundwater. The owner or operator may make a demonstration under this paragraph in addition to, or in lieu of, submitting an application to modify the license under par. (d) ; however, the owner or operator is not relieved of the requirement to submit an application to modify the license within the time specified in par. (d) unless the demonstration made under this paragraph successfully shows that a source other than a regulated unit caused the increase, or that the increase resulted from error in sampling, analysis or evaluation. In making a demonstration under this paragraph, the owner or operator shall do all of the following:

1. Notify the department in writing within 7 days of determining statistically significant evidence of contamination at the point of standards application that the owner or operator intends to make a demonstration under this paragraph.

2. Within 90 days, submit a report to the department which demonstrates that a source other than a regulated unit caused the contamination or that the contamination resulted from error in sampling, analysis or evaluation.

3. Within 90 days, submit to the department an application to modify the license to make any appropriate changes to the detection monitoring program for the facility.

4. Continue to monitor in accordance with the detection monitoring program established under this section.

(8)  If the owner or operator determines that the detection monitoring program no longer satisfies the requirements of this section, owner or operator shall, within 90 days, submit an application to modify the license to make any appropriate changes to the program.

History: CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06; corrections in (7) (b), (c), (d) 1. made under s. 13.92 (4) (b) 7. , Stats., Register March 2013 No. 687 .