Section NR 665.0222 - Action leakage rate(1) The owner or operator of surface impoundment units subject to s. NR 665.0221(1) shall submit a proposed action leakage rate to the department when submitting the notice required under s. NR 665.0221(2). Within 60 days of receipt of the notification, the department shall establish an action leakage rate, either as proposed by the owner or operator or modified using the criteria in this section, or extend the review period for up to 30 days. If no action is taken by the department before the original 60 or extended 90 day review periods, the action leakage rate shall be approved as proposed by the owner or operator.(2) The department shall approve an action leakage rate for surface impoundment units subject to s. NR 665.0221(1). The action leakage rate is the maximum design flow rate that the leak detection system can remove without the fluid head on the bottom liner exceeding one foot. The action leakage rate shall include an adequate safety margin to allow for uncertainties in the design (e.g., slope, hydraulic conductivity, thickness of drainage material), construction, operation and location of the leak detection system, waste and leachate characteristics, likelihood and amounts of other sources of liquids in the leak detection system and proposed response actions (e.g., the action leakage rate shall consider decreases in the flow capacity of the system over time resulting from siltation and clogging, rib layover and creep of synthetic components of the system, overburden pressures, etc.).(3) To determine if the action leakage rate has been exceeded, the owner or operator shall convert the weekly or monthly flow rate from the monitoring data obtained under s. NR 665.0226(2), to an average daily flow rate (gallons per acre per day) for each sump. Unless the department approves a different calculation, the average daily flow rate for each sump shall be calculated weekly during the active life and closure period, and if the unit closes in accordance with s. NR 665.0228(1) (b), monthly during the long-term care period when monthly monitoring is required under s. NR 665.0226(2).Wis. Admin. Code Department of Natural Resources NR 665.0222
CR 05-032: cr. Register July 2006 No. 607, eff. 8-1-06.