(1) NOTIFICATION
AND ASSESSMENT. If the concentration of a substance in groundwater attains or
exceeds an enforcement standard at a point of standards application as
described in s.
NR 140.22(2):
(a) The owner or operator of the facility,
practice or activity shall notify the department in writing when monitoring
data is submitted that an enforcement standard has been attained or exceeded in
accordance with any deadlines in applicable statutes, rules, permits or plan
approvals. Where no deadlines are imposed, the owner or operator shall notify
the department as soon as practical after the results are received. When the
results of any private well sampling attain or exceed an enforcement standard
or preventive action limit, the owner or operator of the facility, practice or
activity shall notify the department within 10 days after the results are
received. The notification shall provide a preliminary analysis of the cause
and significance of the concentration.
Note: Section
292.11(2) (a), Stats., requires that the department be
notified immediately of hazardous substance discharges.
Note: See s.
NR 140.27.
(b) Upon receipt of the notice under par.
(a), the department shall evaluate the information and, if further information
is required to make the assessment under par. (c), direct the owner or operator
to prepare and submit a report by a specified deadline. The report shall assess
the cause and significance of the increased concentration based on a
consideration of the factors identified in s.
NR 140.24(1) (c) and shall propose a
response to achieve compliance with the enforcement standard at the point of
standards application and to comply with sub. (4).
(c) The department shall assess the cause and
significance of the concentration of the substance in determining the
appropriate response measures to achieve compliance with the enforcement
standard at the point of standards application and to comply with sub. (4). In
addition to all other relevant information, the department shall consider the
information submitted under sub. (1) and the factors listed in s.
NR 140.24(1) (c), where applicable.
(2) REGULATORY
RESPONSES.
(a) If a facility, activity or
practice is regulated under subch. IV of ch. 283, Stats., ch. 289, 291, or 292,
Stats., the department shall require responses as necessary, based on the
evaluation of the increased concentration as outlined in sub. (1), to prevent
any new releases of the substance from traveling beyond the design management
zone or other applicable point of standards application described in s.
NR 140.22 and restore contaminated groundwater within a
reasonable period of time, considering the criteria specified in s.
NR 722.07. Both the source control and the groundwater
restoration components of the response shall be designed to achieve compliance
with the enforcement standard at the point of standards application and to
achieve compliance with the preventive action limit at the point of standards
application unless compliance with the preventive action limit is not
technically and economically feasible. The range of responses which the
department may take or may require the owner or operator of a facility,
practice or activity to take if an enforcement standard for a substance of
public health or welfare concern has been attained or exceeded at a point of
standards application is listed in Table 6. More than one response listed in
Table 6 may be required by the department. In addition, the department may take
or may require the owner or operator of a facility, practice or activity to
take one or more responses from Table 5, except response number one.
Table 6
Range of Responses for Exceedance of Enforcement
Standards for Substances of Health or Welfare Concern
|
1. |
Require a revision of the operational procedures at
a facility, practice or activity. |
|
2. |
Require a change in the design or construction of
the facility, practice or activity. |
|
3. |
Require an alternate method of waste treatment or
disposal. |
|
4. |
Require prohibition or closure and abandonment of a
facility, practice or activity. |
|
5. |
Require remedial action to renovate or restore
groundwater quality. |
|
6. |
Require remedial action to prevent or minimize the
further release of the substance to groundwater. |
|
7. |
Revise rules or criteria on facility design,
location or management practices. |
|
8. |
Require the collection and evaluation of data to
determine whether natural attenuation can be effective to restore groundwater
quality within a reasonable period of time, considering applicable criteria
specified in ss.
NR 140.24, 722.07 and 722.09 or 722.11, and require monitoring to
determine whether or not natural attenuation is occurring in compliance with
the requirements of s. NR 140.26(2) (a). |
(b) If an activity or practice is not subject
to regulation under subch. IV of ch. 283, Stats., ch. 289, 291, or 292, Stats.,
and if the concentration of a substance in groundwater attains or exceeds an
enforcement standard at a point of standards application, the department shall
take the following responses unless it can be shown to the department that, to
a reasonable certainty, by the greater weight of the credible evidence, an
alternative response will achieve compliance with the enforcement standard at
the point of standards application:
1.
Prohibit the activity or practice which uses or produces the substance;
and
2. Require remedial actions
with respect to the specific site in accordance with this chapter.
(3) RESPONSES FOR
NITRATE AND SUBSTANCES OF PUBLIC WELFARE CONCERN. If nitrates or any substance
of welfare concern only attains or exceeds an enforcement standard, the
department is not required to impose a prohibition or close a facility if it
determines that:
(a) The enforcement standard
was attained or exceeded, in whole or in part, because of high background
concentrations of the substance; and
(b) The additional concentration does not
represent a public welfare concern.
(4) COMPLIANCE WITH PREVENTIVE ACTION LIMITS.
When compliance with the enforcement standard is achieved at the point of
standards application, s.
NR 140.24 applies.
