An owner or operator required to establish a detection
monitoring program under this subchapter shall, at a minimum, discharge all of
the following responsibilities:
(1)
The owner or operator shall monitor for indicator parameters (e.g., specific
conductance, total organic carbon or total organic halogen), waste constituents
or reaction products that provide a reliable indication of the presence of
hazardous constituents in groundwater. The department shall specify the
parameters or constituents to be monitored in the facility license, after
considering all of the following factors:
(a)
The types, quantities and concentrations of constituents in wastes managed at
the regulated unit.
(b) The
mobility, stability and persistence of waste constituents or their reaction
products in the unsaturated zone beneath the waste management area.
(c) The detectability of indicator
parameters, waste constituents and reaction products in groundwater.
(d) The concentrations or values and
coefficients of variation of proposed monitoring parameters or constituents in
the groundwater background.
(2) The owner or operator shall install a
groundwater monitoring system at the point of standards application as
specified under s.
NR 664.0095. The groundwater monitoring system shall
comply with s.
NR 664.0097(1) (b), (2) and
(3).
(3) The owner or operator shall conduct a
groundwater monitoring program for each chemical parameter and hazardous
constituent specified in the license pursuant to sub. (1) in accordance with s.
NR 664.0097(7). The owner or operator
shall maintain a record of groundwater analytical data as measured and in a
form necessary for the determination of statistical significance under s.
NR 664.0097(8).
(4) The department shall specify the
frequencies for collecting samples and conducting statistical tests to
determine whether there is statistically significant evidence of contamination
for any parameter or hazardous constituent specified in the license under sub.
(1) in accordance with s.
NR 664.0097(7).
(5) The owner or operator shall determine the
groundwater flow rate and direction in the uppermost aquifer at least
annually.
(6) The owner or operator
shall determine whether there is statistically significant evidence of
contamination for any chemical parameter or hazardous constituent specified in
the license pursuant to sub. (1) at a frequency specified under sub. (4).
(a) In determining whether statistically
significant evidence of contamination exists, the owner or operator shall use
the methods specified in the license under s.
NR 664.0097(8). These methods shall
compare data collected at the points of standards applications to the
background groundwater quality data.
(b) The owner or operator shall determine
whether there is statistically significant evidence of contamination at each
monitoring well at the point of standards application within a reasonable
period of time after completion of sampling. The department shall specify in
the facility license what period of time is reasonable, after considering the
complexity of the statistical test and the availability of laboratory
facilities to perform the analysis of groundwater samples.
(7) If the owner or operator determines
pursuant to sub. (6) that there is statistically significant evidence of
contamination for chemical parameters or hazardous constituents specified
pursuant to sub. (1) at any monitoring well at the point of standards
application, the owner or operator shall do all of the following:
(a) Notify the department of this finding in
writing within 7 days. The notification shall indicate what chemical parameters
or hazardous constituents have shown statistically significant evidence of
contamination.
(b) Immediately
sample the groundwater in all monitoring wells and determine whether
constituents in the list of ch. NR 664 Appendix IX are present, and if so, in
what concentration. However, the department may allow sampling for a
site-specific subset of constituents from the ch. NR 664 Appendix IX list and
other representative or related waste constituents.
(c) For any ch. NR 664 Appendix IX compounds
found in the analysis pursuant to par. (b), the owner or operator may resample
within one month and repeat the analysis for those compounds detected. If the
results of the second analysis confirm the initial results, then these
constituents will form the basis for compliance monitoring. If the owner or
operator does not resample for the compounds found pursuant to par. (b), the
hazardous constituents found during this initial ch. NR 664 Appendix IX
analysis will form the basis for compliance monitoring.
(d) Within 90 days, submit to the department
an application to modify the license to establish a compliance monitoring
program meeting the requirements of s.
NR 664.0099. The application shall include all of the
following information:
1. An identification of
the concentration of any ch. NR 664 Appendix IX constituent detected in the
groundwater at each monitoring well at the point of standards
application.
2. Any proposed
changes to the groundwater monitoring system at the facility necessary to meet
the requirements of s.
NR 664.0099.
3. Any proposed additions or changes to the
monitoring frequency, sampling and analysis procedures or methods, or
statistical methods used at the facility necessary to meet the requirements of
s.
NR 664.0099.
4. For each hazardous constituent detected at
the point of standards application, a proposed concentration limit under s.
NR 664.0094(1) (a) or
(b), or a notice of intent to seek an
alternate concentration limit under s.
NR 664.0094(2).
(e) Within 180 days, submit to the department
all of the following:
1. All data necessary
to justify an alternate concentration limit sought under s.
NR 664.0094(2).
2. An engineering feasibility plan for a
corrective action program necessary to meet the requirement of s.
NR 664.0100, unless any of the following conditions are
met:
a. All hazardous constituents identified
under par. (b) are listed in s.
NR 664.0094,
Table 1, and their concentrations do not exceed the respective values given in
that table.
b. The owner or
operator has sought an alternate concentration limit under s.
NR 664.0094(2) for every hazardous
constituent identified under par. (b).
(f) If the owner or operator determines,
pursuant to sub. (6), that there is a statistically significant difference for
chemical parameters or hazardous constituents specified pursuant to sub. (1) at
any monitoring well at the point of standards application, owner or operator
may demonstrate that a source other than a regulated unit caused the
contamination or that the detection is an artifact caused by an error in
sampling, analysis or statistical evaluation or natural variation in the
groundwater. The owner or operator may make a demonstration under this
paragraph in addition to, or in lieu of, submitting an application to modify
the license under par. (d); however, the owner or operator is not relieved of
the requirement to submit an application to modify the license within the time
specified in par. (d) unless the demonstration made under this paragraph
successfully shows that a source other than a regulated unit caused the
increase, or that the increase resulted from error in sampling, analysis or
evaluation. In making a demonstration under this paragraph, the owner or
operator shall do all of the following:
1.
Notify the department in writing within 7 days of determining statistically
significant evidence of contamination at the point of standards application
that the owner or operator intends to make a demonstration under this
paragraph.
2. Within 90 days,
submit a report to the department which demonstrates that a source other than a
regulated unit caused the contamination or that the contamination resulted from
error in sampling, analysis or evaluation.
3. Within 90 days, submit to the department
an application to modify the license to make any appropriate changes to the
detection monitoring program for the facility.
4. Continue to monitor in accordance with the
detection monitoring program established under this section.
(8) If the owner or
operator determines that the detection monitoring program no longer satisfies
the requirements of this section, owner or operator shall, within 90 days,
submit an application to modify the license to make any appropriate changes to
the program.
