(1) ALL FACILITIES.
The department may require the owner or operator of any landfill, or any person
who permits the use of property for that purpose, to conduct environmental
monitoring in accordance with this chapter and with plans approved by the
department. Environmental monitoring includes but is not limited to monitoring
of groundwater, the unsaturated zone, leachate, lysimeter fluid, gas, gas
condensate, surface water, public or private water supplies, air or other
physical features. Monitoring procedures and results shall be documented and
submitted to the department in accordance with ss. NR 507.14 and 507.26.
(2) FACILITIES IN OPERATION
ON OR AFTER OCTOBER 9, 1993. The owner or operator of a landfill which accepted
municipal solid waste on or after October 9, 1993, except facilities which
received less than 100 tons per day on an annual basis and which ceased
accepting solid waste prior to April 9, 1994, shall perform all of the
following:
(a) Propose in the feasibility
report for any new facility or expansion of an existing facility, a minimum of
4 groundwater monitoring wells to serve as Subtitle D wells. The department
shall review the proposal and approve the proposed wells or choose alternative
wells.
(b) Propose to the
department a detection monitoring program, including baseline groundwater
quality, leachate and lysimeter monitoring and Subtitle D well locations, in
accordance with s. NR 507.19 in a feasibility report or for existing facilities
according to the following schedule:
1. For
facilities licensed to receive greater than 500,000 cubic yards, the owner or
operator shall submit the proposal for implementation within 60 days after July
1, 1996.
2. For facilities licensed
to receive less than 500,000 cubic yards, the owner or operator shall submit
the proposal for implementation by October 9, 1996.
(c) Implement a detection monitoring program
in accordance with plans approved by the department and including assessment
monitoring if necessary.
(d)
Propose to the department a quarterly gas monitoring program in accordance with
s. NR 507.22 for implementation within 60 days after July 1, 1996 at existing
facilities or in a feasibility report.
(e) Implement a quarterly gas monitoring
program in accordance with plans approved by the department.
(3) CCR LANDFILLS. In addition to
the detection groundwater monitoring system required under s. NR 507.19, the
owner or operator of a CCR landfill that accepts CCR on or after October 19,
2015, shall also submit a plan establishing a separate CCR groundwater
monitoring system for the purpose of monitoring groundwater quality in the
uppermost aquifer in accordance with this chapter. The plan shall be submitted
with the plan of operation modification for initial permitting in accordance
with s. NR 514.045 or in the feasibility report under ch. NR 512.
(a) The CCR groundwater monitoring system
shall consist of a sufficient number of CCR wells, installed at appropriate
locations and depths, as approved by the department, adequate to yield
groundwater samples from the uppermost aquifer that accurately represent
upgradient groundwater quality that has not been affected by leakage from a CCR
landfill and downgradient groundwater quality passing the waste boundary of the
CCR landfill. The downgradient monitoring wells shall be installed to ensure
detection of groundwater contamination in the uppermost aquifer, including all
known or suspected contaminant pathways.
(b) The number, spacing, and depths of
monitoring wells submitted to the department as part of the CCR groundwater
monitoring system plan shall be determined based upon site-specific technical
information that shall include thorough characterization of aquifer thickness,
groundwater flow rate, and groundwater flow direction, including seasonal and
temporal fluctuations in groundwater flow. The monitoring systems shall also
take into account the saturated and unsaturated geologic units and fill
materials overlying the uppermost aquifer, materials comprising the uppermost
aquifer, and materials comprising the confining unit defining the lower
boundary of the uppermost aquifer, including thicknesses, stratigraphy,
lithology, hydraulic conductivities, porosities, and effective
porosities.
(c) The CCR groundwater
monitoring system plan shall include the minimum number of monitoring wells
necessary to meet the performance standards specified under par. (a), based on
the site-specific information specified under par. (b). The groundwater
monitoring system plan shall contain all of the following:
1. A minimum of one upgradient and 3
downgradient monitoring wells to be designated as CCR wells.
2. Additional monitoring wells as necessary
to accurately represent the background groundwater quality in the uppermost
aquifer that has not been affected by leakage from the CCR landfill and the
quality of groundwater passing the waste boundary of the CCR
landfill.
(d) Monitoring
wells shall be designed and installed in accordance with s. NR 507.06 and
regularly inspected in accordance with s. NR 507.13. All monitoring wells,
piezometers, and other measuring, sampling, and analytical devices shall be
operated and maintained so that the devices perform to the design
specifications throughout the life of the monitoring program.
(e) The documentation of the design,
installation, development, and decommissioning of any monitoring wells,
piezometers, and other measurement, sampling, and analytical devices shall be
performed in accordance with s. NR 507.14 and applicable requirements under ch.
NR 141. This includes submission of all required forms to the department in the
timeframes specified.
(f) A
sampling plan that includes the CCR groundwater monitoring system shall be
submitted to the department in accordance with s. NR 507.16 and the
requirements under s. NR 140.16. The sampling plan shall include consistent
sampling and analysis procedures that are designed to ensure the production of
monitoring results that provide an accurate representation of groundwater
quality in the uppermost aquifer at the upgradient and downgradient CCR wells
and that provide a characterization of leachate quality generated by the CCR
landfill. The sampling plan shall be implemented as approved in writing by the
department.
(g) The sampling plan
shall include sampling and analytical methods that are appropriate for
groundwater sampling and that accurately measure all required monitoring
parameters under ch. NR 507, Appendix I in groundwater samples. The CCR
landfill owner or operator shall obtain and analyze samples in accordance with
the approved sampling plan under par. (f) and the requirements under s. NR 507.17.
(h) In addition to the
field measurements required under s. NR 507.17 (1), the groundwater elevations
shall be measured in each CCR well immediately prior to purging, each time
groundwater is sampled. The owner or operator of the CCR landfill shall
determine the rate and direction of groundwater flow each time groundwater is
sampled and report the result to the department in accordance with s. NR 507.26. Groundwater elevations in wells that monitor the same CCR landfill
shall be measured within a timeframe short enough to avoid temporal variations
in groundwater flow that could preclude accurate determination of groundwater
flow rate and direction.
(i) The
owner or operator of the CCR landfill shall establish baseline groundwater
quality in accordance with s. NR 507.18 for each CCR well and for each of the
constituents required under ch. NR 507 Appendix I, Table 1A and in accordance
with the approved sampling plan.
(j) The owner or operator of the CCR landfill
shall measure total recoverable metals concentrations when measuring
groundwater quality for each CCR well. Measurement of total recoverable metals
includes both the particulate fraction and dissolved fraction of metals in
natural waters. To ensure this, groundwater samples from CCR wells may not be
field filtered prior to analysis.
(k) The owner or operator of the CCR landfill
shall notify the department in writing within 60 days of completing sampling
and analysis at any CCR well when a groundwater standard at the point of
standards application has been attained or exceeded in accordance with s. NR 507.30.
(L) The owner or operator of
a CCR landfill shall conduct detection groundwater monitoring at all CCR wells
consistent with the requirements of this section and s. NR 507.19. Detection
groundwater monitoring shall include groundwater monitoring for all
constituents appropriate for CCR wells as listed under ch. NR 507 Appendix I,
Table 1A and additional parameters if approved by the department in writing and
in accordance with all of the following:
1.
The minimum monitoring frequency for the constituents approved by the
department as part of the detection groundwater monitoring shall be semi-annual
during the active life of the CCR landfill and the post-closure period. For
existing and new CCR landfills and all lateral expansions of CCR landfills,
baseline groundwater quality shall be established at each CCR monitoring well
in accordance with s. NR 507.18. This includes the collection of a minimum of 8
independent groundwater quality samples for each CCR well, each of which shall
be analyzed for all constituents appropriate for CCR landfills as listed under
ch. NR 507 Appendix I, Tables 1A and 3 and any additional parameters approved
by the department in writing.
2.
The number and methodology of groundwater quality samples collected and
analyzed for each CCR well during subsequent semiannual sampling events shall
be consistent with the approved sampling plan under s. NR 507.16, and shall
account for any unique characteristics of the site. The CCR landfill owner or
operator shall inform the department in accordance with s. NR 507.26 of any CCR
well that purges dry, is damaged or obstructed, or in any way is rendered such
that a sample was unable to be collected from the well during a scheduled
sampling event and shall propose remedial actions to correct the problem prior
to the next sampling event.
3. The
owner or operator of the CCR landfill shall notify the department and respond
in accordance with s. NR 507.30 when a groundwater standard at the point of
standards application has been attained or exceeded at any CCR well. This
response includes the establishment of an assessment monitoring program meeting
the requirements under s. NR 508.06, unless the exceedance is determined by the
department to be from a source other than the CCR landfill, or that the
groundwater standard exceedance resulted from error in sampling, analysis, or
natural variation in background groundwater quality in accordance with s. NR 508.06 (2) (f) 2.
4. For the
purposes of determining the point of standards application for a groundwater
quality exceedance at a CCR well, the horizontal distance for the design
management zone under s. NR 140.22 (3) (a) for a CCR landfill is 0 feet from
the waste boundary and may not be expanded by the department under s. NR 140.22(3) (b). The waste boundary shall include the horizontal space taken up by any
liner, dike, or other barrier designed to contain CCR waste.
(m) The owner or operator of a CCR
landfill shall prepare an annual groundwater monitoring and corrective action
report for submittal to the department. The annual groundwater monitoring and
corrective action report shall be placed in the written operating record and
posted on a publicly accessible internet site under s. NR 506.17 (2) and (3) no
later than January 31 of the year following the calendar year a groundwater
monitoring system has been approved by the department, and annually thereafter.
For the preceding calendar year, the annual report shall document the status of
the groundwater monitoring and any corrective action implemented at the CCR
landfill, summarize key actions completed, describe any problems encountered,
discuss actions to resolve the problems, and project key activities for the
upcoming year. At a minimum, the annual groundwater monitoring and corrective
action report shall contain all of the following information, to the extent
available:
1. A map, aerial image, or diagram
showing the CCR landfill and all upgradient and downgradient monitoring wells,
including the well identification numbers, that are part of the groundwater
monitoring for the CCR landfill.
2.
Identification of any monitoring wells that were installed or decommissioned
during the preceding year, along with a narrative description of why those
actions were taken.
3. In addition
to all the monitoring data obtained under par. (L), a summary including the
number of groundwater samples that were collected for analysis for each
upgradient and downgradient well, the dates the samples were collected, and
whether the sample was required by detection monitoring or assessment
monitoring.
4. A narrative
discussion of any transition between monitoring including the date and
circumstances for transitioning from detection monitoring to assessment
monitoring in addition to identifying any constituents detected above ch. NR
140 standards.
5. A section at the
beginning of the annual report that provides an overview of the current status
of groundwater monitoring and corrective action for the CCR landfill. At a
minimum, the summary shall include all of the following:
a. At the start of the current annual
reporting period, whether the CCR landfill was operating under detection
monitoring or assessment monitoring.
b. At the end of the current annual reporting
period, whether the CCR landfill was operating under detection monitoring or
assessment monitoring.
c. If it was
determined by the owner or operator that there was a groundwater quality
exceedance under ch. NR 140 for one or more constituents listed under ch. NR
507 Appendix I for CCR wells, a listing of those constituents, the names of the
monitoring wells associated with the exceedances, and the date when the
assessment monitoring was initiated for the CCR landfill.
d. If corrective action measures were
required, the date when the assessment of corrective measures was initiated for
the CCR landfill, the date when the public informational hearing under s. NR 508.06 (3) (e) was held for the discussion of the results of the remedial
action options report, and the date when the assessment of corrective measures
was completed.
e. If a remedy was
required under ch. NR 508 during the annual reporting period, the date of
remedy selection, and whether remedial activities were initiated or are ongoing
during the annual reporting period.