Section NR 140.26 - Responses when an enforcement standard is attained or exceeded(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; and2. 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.Wis. Admin. Code Department of Natural Resources NR 140.26
Cr. Register, September, 1985, No. 357, eff. 10-1-85; am. (1) (intro.), (a), (b), (2), r. (6), Register, January, 1992, No. 433, eff. 2-1-92; am. (1) (intro.) and Table 6, renum. (2) to (5) to be (2) (a), (b), (3) and (4), Register, March, 1994, No. 459, eff. 4-1-94; am. (1) (a), Register, August, 1995, No. 476, eff. 9-1-95; correction in (1) (b) and (c) made under s. 13.93(2m) (b) 7, Stats., Register, August, 1995, No. 476; am. (2) (a) and Table 6, Register, October, 1996, No. 490, eff. 11-1-96; am. (1) (a), Register, December, 1998, No. 516, eff. 1-1-99.Amended by, correction in (2) (a), (b) (intro.) made under s. 13.92(4) (b) 7, Stats., Register February 2017 No. 734, eff. 3/1/2017