Section 724.13. Operation and maintenance.

 

(1)   General.

(a) Unless otherwise directed by the department, responsible parties shall conduct all necessary operation and maintenance activities in accordance with this section and in compliance with all applicable state or federal public health and environmental laws, whichever are more stringent, until all applicable public health and environmental laws are complied with as required in chs. NR 700 to 754 .

(b) Responsible parties shall operate and maintain any cover systems, liners, physical hydraulic containment systems, leachate collection systems, and gas collection, extraction, and management systems at sites or facilities for which they are responsible until no longer required by the department.

(c) Responsible parties and property owners shall operate vapor mitigation systems for which they are responsible until no longer required by the department.

(d) Vapor mitigation systems and remedial actions designed to address vapor migration shall be monitored at a frequency determined by the department, to measure whether the action taken has been effective in meeting the vapor action level.

(2)   Operation and maintenance plan. Unless otherwise directed by the department, responsible parties shall submit to the department an operation and maintenance plan when on–site maintenance activities are necessary to implement, monitor or ensure the effectiveness of a remedial or interim action. The plan shall outline all operation, monitoring, and maintenance activities, from design through case closure under ch. NR 726 or through post-closure under ch. NR 727 , as appropriate, including all of the following information:

(a) The information specified under s. NR 724.05 (2) (e) .

(b) A description of normal operation and maintenance, including a schedule showing the frequency of each operation and maintenance task.

(c) A contingency plan for any anticipated or potential operation and maintenance problems, including a description of techniques or activities to be conducted by the responsible parties to resolve operation and maintenance problems.

(d) A description of routine monitoring and analysis, including:

1. Long-term monitoring required under s. NR 724.17 ;

2. Laboratory or field tests, test methods and sampling methods; and

3. A schedule of monitoring frequency and dates.

(e) A description of any site-specific or facility-specific record-keeping and reporting requirements to document operation and maintenance activities, including:

1. Mechanisms for reporting system failures, discharges of hazardous substances, environmental pollution and other emergencies; and

2. Reports to be submitted to the department, including the results of system and environmental monitoring and the results of the monitoring well inspections meeting the requirements of s. NR 716.13 (14) .

(f) A location map that includes the locations and extent of features that need to be maintained, as well as the extent of contamination.

(g) Final construction specifications on any engineering control feature.

(h) A list of prohibited activities.

(i) A contact for questions on specific actions and the inspection log.

(j) A statement of where more site-specific information may be found.

(k) For vapor mitigation systems; a diagram and photographs showing piping, venting, fans and manometer locations, vent height and location, a description of how to verify that the vapor mitigation system is operating properly, identification of prohibited activities to ensure the continued effectiveness of the vapor mitigation system, and direction to notify the department before any action is taken which would disturb operation of the vapor mitigation system.

(L) Air emission reporting and permitting, as applicable.

(m) Monthly manometer checks.

(n) Annual inspection of system parts.

(3)  P rogress reports. In addition to the general progress reporting requirements in s. NR 700.11 , responsible parties shall submit semi-annual operation and maintenance progress reports to the department. Progress reports shall be sequentially numbered, starting with the first report which is due no later than 6 months after the remediation system begins operation. Information related to operation and maintenance shall be provided on a reporting form supplied by the department. The department may require progress reports be submitted at a different frequency than semi-annually.

(4)   Operation and maintenance plan revisions. When warranted by changes in the design, operation or maintenance of the interim or remedial action, or when requested by the department, responsible parties shall revise the appropriate section of the operation and maintenance plan. Plan revisions shall be submitted to the department and shall:

(a) Include the information required in s. NR 724.05 (2) (e) .

(b) Be numbered with a revision number.

(c) Document any changes in the time of anticipated case closure.

(d) Document any changes in the design, operation, maintenance or monitoring of the interim or remedial action.

Cr. Register, April, 1995, No. 472 , eff. 5-1-95; am. (3) (a) 1., 2. and 3., renum. (3) (e) to be (3) (f) and cr. (3) (e), Register, October, 1996, No. 490 , eff. 11-1-96; correction in (4) made under s. 13.93 (2m) (b) 1., Stats., Register, October, 1999, No. 526 ; CR 12-023 : am. (1) (a), (b), cr. (1) (c), (d), am. (2) (intro.), (a), (e) 2., cr. (2) (f) to (n), renum. (3) (intro.) to (3) and am., r. (3) (a) to (d), r. (e), (f), am. (4) (title), (c) Register October 2013 No. 694 , eff. 11-1-13; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 .

Note

Engineering controls may include a cover, barrier, or vapor mitigation system. Microsoft Windows NT 6.1.7601 Service Pack 1 More site-specific information may be found in the department's files. Microsoft Windows NT 6.1.7601 Service Pack 1 Operation and maintenance progress reports should be submitted for both active and passive remediation systems. Progress reports required under this subsection are not the same as post-closure maintenance inspection logs for remedies such as performance standard covers. Microsoft Windows NT 6.1.7601 Service Pack 1 Copies of remediation system operation and maintenance reporting forms may be obtained from any regional office of the department, or by writing to the Department of Natural Resources, Bureau for Remediation and Redevelopment, P.O. Box 7921, Madison, Wisconsin 53707, or at http://dnr.wi.gov/files/PDF/forms/4400/4400-194.pdf . Microsoft Windows NT 6.1.7601 Service Pack 1