Section 664.0099. Compliance monitoring program.

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

(1)  The owner or operator shall monitor the groundwater to determine whether regulated units are in compliance with the groundwater protection standard under s. NR 664.0092 . The department shall specify the groundwater protection standard in the facility license, including all of the following:

(a) A list of the hazardous constituents identified under s. NR 664.0093 .

(b) Concentration limits under s. NR 664.0094 for each of those hazardous constituents.

(c) The point of standards application under s. NR 664.0095 .

(d) The compliance period under s. NR 664.0096 .

(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 department shall specify the sampling procedures and statistical methods appropriate for the constituents and the facility, consistent with s. NR 664.0097 (7) and (8) .

(a) The owner or operator shall conduct a sampling program for each chemical parameter or hazardous constituent in accordance with s. NR 664.0097 (7) .

(b) The owner or operator shall record groundwater analytical data as measured and in form necessary for the determination of statistical significance under s. NR 664.0097 (8) for the compliance period of the facility.

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

(a) In determining whether statistically significant evidence of increased contamination exists, the owner or operator shall use the methods specified in the license under s. NR 664.0097 (8) . The methods shall compare data collected at the points of standards applications to a concentration limit developed in accordance with s. NR 664.0094 .

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

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

(6)  The department shall specify the frequencies for collecting samples and conducting statistical tests to determine statistically significant evidence of increased contamination 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 the compliance period of the facility.

(7)  The owner or operator shall analyze samples from all monitoring wells at the point of standards application for all constituents contained in ch. NR 664 Appendix IX at least annually to determine whether additional hazardous constituents are present in the uppermost aquifer and, if so, at what concentration, pursuant to procedures in s. NR 664.0098 (6) . If the owner or operator finds ch. NR 664 Appendix IX constituents in the groundwater that are not already identified in the license as monitoring constituents, the owner or operator may resample within one month and repeat the ch. NR 664 Appendix IX analysis. If the second analysis confirms the presence of new constituents, the owner or operator shall report the concentration of these additional constituents to the department within 7 days after the completion of the second analysis and add them to the monitoring list. If the owner or operator chooses not to resample, then the owner or operator shall report the concentrations of these additional constituents to the department within 7 days after completion of the initial analysis and add them to the monitoring list.

(8)  If the owner or operator determines pursuant to sub. (4) that any concentration limits under s. NR 664.0094 are being exceeded 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 concentration limits have been exceeded.

(b) Submit to the department an application to modify the license to establish a corrective action program meeting the requirements of s. NR 664.0100 within 180 days, or within 90 days if an engineering feasibility study has been previously submitted to the department under s. NR 664.0098 (7) (e) . The application shall at a minimum include all of the following information:

1. A detailed description of corrective actions that will achieve compliance with the groundwater protection standard specified in the license under sub. (1) .

2. A plan for a groundwater monitoring program that will demonstrate the effectiveness of the corrective action. Such a groundwater monitoring program may be based on a compliance monitoring program developed to meet the requirements of this section.

(9)  If the owner or operator determines, pursuant to sub. (4) , that the groundwater concentration limits under this section are being exceeded at any monitoring well at the point of standards application, the 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. In making a demonstration under this subsection, the owner or operator shall do all of the following:

(a) Notify the department in writing within 7 days that the owner or operator intends to make a demonstration under this subsection.

(b) Within 90 days, submit a report to the department which demonstrates that a source other than a regulated unit caused the standard to be exceeded or that the apparent noncompliance with the standards resulted from error in sampling, analysis or evaluation.

(c) Within 90 days, submit to the department an application to modify the license to make any appropriate changes to the compliance monitoring program at the facility.

(d) Continue to monitor in accord with the compliance monitoring program established under this section.

(10)  If the owner or operator determines that the compliance monitoring program no longer satisfies the requirements of this section, the 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; correction in (7) made under s. 13.92 (4) (b) 7. , Stats., Register March 2013 No. 687 .