Section 665.0090. Applicability.

 

(1)  By August 1, 1982, the owner or operator of a surface impoundment or landfill facility which is used to manage hazardous waste shall implement a groundwater monitoring program capable of determining the facility's impact on the quality of groundwater in the uppermost aquifer underlying the facility, except as s. NR 665.0001 and sub. (3) provide otherwise.

(2)  Except as subs. (3) and (4) provide otherwise, the owner or operator shall install, operate and maintain a groundwater monitoring system which meets the requirements of s. NR 665.0091 and chs. NR 140 and 141 , and shall comply with ss. NR 665.0092 to 665.0094 . This groundwater monitoring program shall be carried out during the active life of the facility, and for disposal facilities, during the long-term care period as well.

(3)  All or part of the groundwater monitoring requirements of this subchapter may be waived if the owner or operator can demonstrate that there is a low potential for migration of hazardous waste or hazardous waste constituents from the facility via the uppermost aquifer to water supply wells (domestic, industrial or agricultural) or to surface water. This demonstration shall be in writing, and shall be kept at the facility. This demonstration shall be certified by a qualified geologist or geotechnical engineer and shall establish all of the following:

(a) The potential for migration of hazardous waste or hazardous waste constituents from the facility to the uppermost aquifer, by an evaluation of all of the following:

1. A water balance of precipitation, evapotranspiration, runoff and infiltration.

2. Unsaturated zone characteristics (i.e., geologic materials, physical properties and depth to groundwater).

(b) The potential for hazardous waste or hazardous waste constituents which enter the uppermost aquifer to migrate to a water supply well or surface water, by an evaluation of all of the following:

1. Saturated zone characteristics (i.e., geologic materials, physical properties and rate of groundwater flow).

2. The proximity of the facility to water supply wells or surface water.

(4)  If an owner or operator assumes (or knows) that groundwater monitoring of indicator parameters in accordance with ss. NR 665.0091 and 665.0092 would show statistically significant increases (or decreases in the case of pH) when evaluated under s. NR 665.0093 (2) , the owner or operator may install, operate and maintain an alternate groundwater monitoring system (other than the one described in ss. NR 665.0091 and 665.0092 ). If the owner or operator decides to use an alternate groundwater monitoring system, the owner or operator shall do all of the following:

(a) By August 1, 1982, submit to the department a specific plan, certified by a qualified geologist or geotechnical engineer, which satisfies the requirements of s. NR 665.0093 (4) (c) , for an alternate groundwater monitoring system.

(b) By August 1, 1982, initiate the determinations specified in s. NR 665.0093 (4) (d) .

(c) Prepare and submit a written report in accordance with s. NR 665.0093 (4) (e) .

(d) Continue to make the determinations specified in s. NR 665.0093 (4) (d) on a quarterly basis until final closure of the facility.

(e) Comply with the recordkeeping and reporting requirements in s. NR 665.0094 (2) .

(5)  The groundwater monitoring requirements of this subchapter may be waived with respect to any surface impoundment that is used to neutralize wastes which are hazardous solely because they exhibit the corrosivity characteristic under s. NR 661.22 or are listed as hazardous wastes in subch. D of ch. NR 661 only for this reason, and contains no other hazardous wastes, if the owner or operator can demonstrate that there is no potential for migration of hazardous wastes from the impoundment. The demonstration shall establish, based upon consideration of the characteristics of the wastes and the impoundment, that the corrosive wastes will be neutralized to the extent that they no longer meet the corrosivity characteristic before they can migrate out of the impoundment. The demonstration shall be in writing and shall be certified by a qualified professional.

(6)  The department may replace all or part of the requirements of this subchapter applying to a regulated unit (as defined in s. NR 664.0090 ), with alternative requirements developed for groundwater monitoring set out in an approved closure or long-term care plan or in an enforceable document (as defined in s. NR 670.001 (3) (g) ), where the department determines that all of the following apply:

(a) A regulated unit is situated among solid waste management units (or areas of concern), a release has occurred and both the regulated unit and one or more solid waste management units (or areas of concern) are likely to have contributed to the release.

(b) It is not necessary to apply the requirements of this subchapter because the alternative requirements will protect human health and the environment. The alternative standards for the regulated unit shall meet the requirements of s. NR 664.0101 (1) .

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