Section 214.07. Exemptions from groundwater standards.

 

(1)  Land treatment systems shall be designed and operated to minimize the level of substances in the groundwater and to prevent exceedence of the groundwater preventive action limits (PAL) to the extent technically and economically feasible. Groundwater preventive action limits are listed in ss. NR 140.10 and 140.12 .

(2)   Responses when the preventive action limit is exceeded. For a facility where a PAL has been exceeded in a groundwater monitoring well, the department may require a variety of responses as listed in Table 5 of ch. NR 140 , such as requiring a change in the operation or design of the treatment system, requiring clean-up of the groundwater, or granting an exemption from the limit in accordance with s. NR 140.28 . An exemption may be granted only after the department determines that the concentration of the substance in the groundwater has been minimized to the extent technically and economically feasible. Best management practices, waste reduction, wastewater pretreatment and alternative treatment systems used by other dischargers within the same industrial category will be considered in making the determination of what is technically and economically feasible.

(3)   Responses when the enforcement standard is exceeded. For a facility where an enforcement standard has been exceeded at a point of standards application, the department may require a variety of responses as listed in Table 6 of ch. NR 140 , such as requiring a change in the operation or design of the treatment system, requiring an alternate treatment system, requiring clean-up of the groundwater, or requiring closure of the land treatment system. An exemption may be granted in accordance with s. NR 140.28 only after it has been determined that the background concentration of the substance in the groundwater has caused exceedence of the enforcement standard.

History: Cr. Register, June, 1990, No. 414 , eff. 7-1-90.