(1) DESIGN. Except
as specified in sub. (1m), facilities, practices or activities regulated by the
department, including remedial actions, shall be designed to minimize the level
of substances in groundwater and to comply with the preventive action limits to
the extent technically and economically feasible at all the following
locations:
(a) Any point of present
groundwater use.
(b) Any point
beyond the boundary of the property on which the facility, practice or activity
is located.
(c) Any point within
the property boundaries beyond the 3-dimensional design management zone if one
is established by the department at each facility, practice or activity under
sub. (3).
(d) Every point at which
groundwater is monitored to determine if a preventive action limit or
enforcement standard has been attained or exceeded for sites identified under
s. NR 140.22(2) (c).
(1m) DESIGN OF ASR SYSTEMS; SPECIFIED
SUBSTANCES. The point of standards application to determine if the design of an
aquifer storage recovery system, regulated under ch. 280 or 281, Stats.,
complies with the preventive action limits for a specified substance is 1,200
feet from an aquifer storage and recovery well and at any other well that is
not part of the ASR system and that is within 1,200 feet of an aquifer storage
recovery well.
(2) COMPLIANCE.
(a) Except as specified in par. (d), the
point of standards application to determine if a preventive action limit has
been attained or exceeded is any point at which groundwater is
monitored.
(b) Except as specified
in par. (d), the point of standards application to determine whether an
enforcement standard has been attained or exceeded shall be the following
locations:
1. Any point of present
groundwater use;
2. Any point
beyond the boundary of the property on which the facility, practice or activity
is located;
3. Any point within the
property boundaries beyond the 3 dimensional design management zone if one is
established by the department at each facility, practice or activity under sub.
(3).
Note: The boundary beyond which the enforcement standards
apply is the closer of the property boundary or the design management zone
boundary to the waste boundary for the facility, practice or activity.
(c) For discharges,
releases, sites or facilities regulated under s.
292.11,
291.29 or
291.37, Stats.,
or s. NR 600.07, for which a design management zone has not been established in
sub. (3), Table 4, the point of standards application shall be every point at
which groundwater is monitored to determine if a preventive action limit or
enforcement standard has been attained or exceeded.
Note: Section NR 600.07 no longer exists.
(d) The point of standards application to
determine if a preventive action limit or enforcement standard for a specified
substance has been attained or exceeded at an aquifer storage recovery well,
regulated under ch. 280 or 281, Stats., is 1,200 feet from the aquifer storage
and recovery well and at any other well that is not part of the ASR system and
that is within 1,200 feet of the aquifer storage recovery well.
(3) DESIGN MANAGEMENT ZONE.
(a) The design management zone for
facilities, practices or activities subject to regulation by the department
shall be an area enclosed by vertical boundaries which extend from the land
surface downward through all saturated geological formations. The design
management zone shall extend horizontally beyond the waste boundary or ASR
displacement zone to the distance indicated in Table 4 for the specific type of
facility, practice or activity. The waste boundary shall be the outermost limit
at which waste from a facility, practice or activity has been stored, applied
or disposed of, or permitted or approved for storage, application or disposal.
For hazardous waste facilities regulated under ch. 291, Stats., the waste
boundary shall include the horizontal space taken up by any liner, dike or
other barrier to contain waste.
(b)
In issuing or reissuing a permit, license or approval, the department may
consider an expansion or reduction of the design management zone at a regulated
or proposed facility, practice or activity by a horizontal distance not to
exceed 50% of the distance listed in Table 4.
(c) The department shall consider the
following factors in determining whether to expand or reduce the design
management zone:
1. Nature, thickness and
permeability of unconsolidated materials, including topography;
2. Nature and permeability of
bedrock;
3. Groundwater depth, flow
direction and velocity;
4. Waste
volume, waste type and characteristics, including waste loading;
5. Contaminant mobility;
6. Distances to property boundary and surface
waters;
7. Engineering design of
the facility, practice or activity;
8. Life span of the facility, practice or
activity;
9. Present and
anticipated uses of land and groundwater; and
10. Potential abatement options if an
enforcement standard is exceeded.
(d) The design management zone may not be
expanded or reduced unless it has been demonstrated to the satisfaction of the
department that the preventive action limits and enforcement standards will be
met at the adjusted design management zone. The design management zone may not
be expanded unless it has been demonstrated to the satisfaction of the
department that the preventive action limits and enforcement standards cannot
be met at the design management zone specified in Table 4.
Table 4
|
Type of Facility, Practice or
Activity
|
Horizontal
Distances for the
Design Management Zone
|
|
Land disposal systems regulated under ch. 283,
Stats.
|
250 feet
|
|
Wastewater and sludge storage or treatment
lagoons regulated under ch. 281 or 283, Stats.
|
100 feet
|
|
Solid waste disposal facilities regulated under
ch. 289, Stats., which have feasibility reports approved after October 1,
1985.
|
150 feet
|
|
All other solid waste disposal facilities
regulated under ch. 289, Stats.
|
300 feet
|
|
Hazardous waste disposal facilities, waste piles,
landfills and surface impoundments subject to regulation under ss.
NR 665.0090 to 665.0094
|
300 feet
|
|
Hazardous waste disposal facilities, waste piles,
landfills and surface impoundments subject to regulation under ss.
NR 664.0090 to 664.0100.
|
0 feet
|
|
Aquifer storage recovery systems regulated under
ch. 280 or 281, Stats.
|
0 feet
|
