Section 664.0091. Required programs.  


Latest version.
  • (1)  Owners and operators subject to this subchapter shall conduct a monitoring and response program according to the following:
    (a) Whenever hazardous constituents under s. NR 664.0093 from a regulated unit are detected at a point of standards application under s. NR 664.0095 , the owner or operator shall institute a compliance monitoring program under s. NR 664.0099 . Detected is defined as statistically significant evidence of contamination as described in s. NR 664.0098 (6) .
    (b) Whenever the groundwater protection standard under s. NR 664.0092 is exceeded, the owner or operator shall institute a corrective action program under s. NR 664.0100 . Exceeded is defined as statistically significant evidence of increased contamination as described in s. NR 664.0099 (4) .
    (c) Whenever hazardous constituents under s. NR 664.0093 from a regulated unit exceed concentration limits under s. NR 664.0094 in groundwater between the point of standards application under s. NR 664.0095 and the downgradient facility property boundary, the owner or operator shall institute a corrective action program under s. NR 664.0100 .
    (d) In all other cases, the owner or operator shall institute a detection monitoring program under s. NR 664.0098 .
    (e) Chemical and physical samples shall be analyzed by a laboratory certified or registered under ch. NR 149 , except for field analyses for pH, specific conductance and temperature.
    (2)  The department shall specify in the facility license the specific elements of the monitoring and response program. The department may include one or more of the programs identified in sub. (1) in the facility license as may be necessary to protect human health and the environment and shall specify the circumstances under which each of the programs will be required. In deciding whether to require the owner or operator to be prepared to institute a particular program, the department shall consider the potential adverse effects on human health and the environment that might occur before final administrative action on an application to modify the license to incorporate such a program could be taken.
History: CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06.