(1) The owner or operator of landfill units
subject to s.
NR 665.0301(1) shall develop and keep on
site until closure of the facility a response action plan. The response action
plan shall set forth the actions to be taken if the action leakage rate has
been exceeded. At a minimum, the response action plan shall describe the
actions specified in sub. (2).
(2)
If the flow rate into the leak detection system exceeds the action leakage rate
for any sump, the owner or operator shall do all of the following:
(a) Notify the department in writing of the
exceedence within 7 days of the determination.
(b) Submit a preliminary written assessment
to the department within 14 days of the determination, as to the amount of
liquids, likely sources of liquids, possible location, size and cause of any
leaks and short-term actions taken and planned.
(c) Determine to the extent practicable the
location, size and cause of any leak.
(d) Determine whether waste receipt should
cease or be curtailed, whether any waste should be removed from the unit for
inspection, repairs or controls and whether or not the unit should be
closed.
(e) Determine any other
short-term and longer-term actions to be taken to mitigate or stop any
leaks.
(f) Within 30 days after the
notification that the action leakage rate has been exceeded, submit to the
department the results of the analyses specified in pars. (c), (d) and (e), the
results of actions taken and actions planned. Monthly thereafter, as long as
the flow rate in the leak detection system exceeds the action leakage rate, the
owner or operator shall submit to the department a report summarizing the
results of any remedial actions taken and actions planned.
(3) To make the leak and remediation
determinations in sub. (2) (c), (d) and (e), the owner or operator shall comply
with par. (a) or (b):
(a) Do all of the
following:
1. Assess the source of liquids and
amounts of liquids by source.
2.
Conduct a fingerprint, hazardous constituent or other analyses of the liquids
in the leak detection system to identify the source of liquids and possible
location of any leaks, and the hazard and mobility of the liquid.
3. Assess the seriousness of any leaks in
terms of potential for escaping into the environment.
(b) Document why the assessments are not
needed.
