Section 664.0100. Corrective action program.

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

(1)  The owner or operator shall take corrective action to ensure that 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 implement a corrective action program that prevents hazardous constituents from exceeding their respective concentration limits at the point of standards application by removing the hazardous waste constituents or treating them in place. The license shall specify the specific measures that will be taken.

(3)  The owner or operator shall begin corrective action within a reasonable time period after the groundwater protection standard is exceeded. The department shall specify that time period in the facility license. If a facility license includes a corrective action program in addition to a compliance monitoring program, the license shall specify when the corrective action will begin and such a requirement shall operate in lieu of s. NR 664.0099 (8) (b) .

(4)  In conjunction with a corrective action program, the owner or operator shall establish and implement a groundwater monitoring program to demonstrate the effectiveness of the corrective action program. Such a monitoring program may be based on the requirements for a compliance monitoring program under s. NR 664.0099 and shall be as effective as that program in determining compliance with the groundwater protection standard under s. NR 664.0092 and in determining the success of a corrective action program under sub. (5) , where appropriate.

(5)  In addition to the other requirements of this section, the owner or operator shall conduct a corrective action program to remove or treat in place any hazardous constituents under s. NR 664.0093 that exceed concentration limits under s. NR 664.0094 in groundwater at all of the following locations:

(a) Between the point of standards application under s. NR 664.0095 and the downgradient property boundary.

(b) Beyond the facility boundary, where necessary to protect human health and the environment, unless the owner or operator demonstrates to the satisfaction of the department that, despite the owner's or operator's best efforts, the owner or operator was unable to obtain the necessary permission to undertake that action. The owner or operator is not relieved of all responsibility to clean up a release that has migrated beyond the facility boundary where off-site access is denied. On-site measures to address the releases shall be determined on a case-by-case basis.

(c) Corrective action measures under this subsection shall be initiated and completed within a reasonable period of time considering the extent of contamination.

(d) Corrective action measures under this subsection may be terminated once the concentration of hazardous constituents under s. NR 664.0093 is reduced to levels below their respective concentration limits under s. NR 664.0094 .

(6)  The owner or operator shall continue corrective action measures during the compliance period to the extent necessary to ensure that the groundwater protection standard is not exceeded. If the owner or operator is conducting corrective action at the end of the compliance period, the owner or operator shall continue that corrective action for as long as necessary to achieve compliance with the groundwater protection standard. The owner or operator may terminate corrective action measures taken beyond the period equal to the active life of the waste management area (including the closure period) if the owner or operator can demonstrate, based on data from the groundwater monitoring program under sub. (4) , that the groundwater protection standard of s. NR 664.0092 has not been exceeded for a period of 3 consecutive years.

(7)  The owner or operator shall report in writing to the department on the effectiveness of the corrective action program. The owner or operator shall submit these reports semi-annually.

(8)  If the owner or operator determines that the corrective action 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.