Register April 2023 No. 808
Chapter NR 716
SITE INVESTIGATIONS
NR 716.07 Site investigation scoping.
NR 716.09 Site investigation work plan.
NR 716.11 Field investigation.
NR 716.13 Sampling and analysis requirements.
NR 716.14 Sample results notification requirements.
NR 716.15 Site investigation report.
NR 716.17 Additional requirements.
NR 716.01
NR 716.01 Purpose. The purpose of this chapter is to ensure that site investigations provide the information necessary to define the nature, degree and extent of contamination, define the source or sources of contamination, determine whether any interim actions, remedial actions, or both are necessary at the site or facility, and allow an interim or remedial action option to be selected that complies with applicable environmental laws. Nothing in this chapter shall be construed to require plans or reports that are more detailed or complex than is justified by the known scope of contamination or the complexity of the site or facility. This chapter is adopted pursuant to ss.
227.11 (2),
287.03 (1) (a), and
289.06, Stats., and ch.
292, Stats.
NR 716.02(1)(1)
This chapter applies to all site investigations required under s.
NR 716.05 and conducted by:
NR 716.02(1)(a)
(a) The department under the authority of ch.
292, Stats. In this chapter, where the term “responsible parties" appears, it shall be read to include “the department" where department–funded response action is being taken.
NR 716.02(1)(b)
(b) Responsible parties at sites, facilities or portions of a site or facility that are subject to regulation under ch.
292, Stats., regardless of whether there is direct involvement or oversight by the department.
NR 716.02 Note
Note: This chapter does not apply to site assessments undertaken for the sole purpose of gathering information prior to knowledge or discovery of contamination. However, upon the discovery of a discharge of a hazardous substance during a site assessment, s.
292.11, Stats., and ch.
NR 706 require the responsible party to immediately notify the department of the discharge.
NR 716.02(1)(c)
(c) Persons undertaking actions in order to obtain the liability exemption under s.
292.15, Stats. In this chapter, where the term ``responsible parties" appears, it shall be read to include “the voluntary party" or ``person under contract with the voluntary party" where an action is being taken to comply with s.
292.15, Stats.
NR 716.02(2)
(2) The department may exercise enforcement discretion on a case–by–case basis and choose to regulate a site, facility or a portion of a site or facility under only one of a number of potentially applicable statutory authorities. However, where overlapping restrictions or requirements apply, the more restrictive provision controls. The department shall, after receipt of a request from the responsible parties, provide a letter indicating which regulatory program or programs the department considers to be applicable to a site or facility.
NR 716.02 Note
Note: Sites or facilities or portions of a site or facility that are subject to regulation under ch.
292, Stats., may also be subject to regulation under other statutes, including the solid waste statutes in ch.
289, Stats., or the hazardous waste management act, ch.
291, Stats., and the administrative rules adopted pursuant to those statutes. In addition, federal authorities such as CERCLA, RCRA, or TSCA may also apply to a site or facility or portions of a site or facility. One portion of a site or facility may be regulated under a different statutory authority than other portions of that site or facility.
NR 716.02 Note
Note: Persons who wish to conduct response actions that will be consistent with the requirements of CERCLA and the National Contingency Plan (NCP) may request that the department enter into a contract with them pursuant to s.
292.31 or a negotiated agreement under s.
292.11 (7) (d), Stats. However, a CERCLA–quality response action will likely require compliance with additional requirements beyond those contained in chs.
NR 700 to
754 in order to be consistent with CERCLA and the NCP.
NR 716.02 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94;
cr. (1) (c),
Register, February, 1996, No. 482, eff. 3-1-96;
CR 12-023: am. (1) (a) to (c), cr. (1) (d), am. (2)
Register October No. 694, eff. 11-1-13.
NR 716.03
NR 716.03 Definitions. In this chapter:
NR 716.03(1)
(1) “Batch of samples" means a group of samples collected during one discrete sampling event and stored and transported in a single shipping container, regardless of the number of samples in the group.
NR 716.03(2)
(2) “Equipment blank" means a sample of water which, prior to use, is known to be free of contaminants, and which is processed through the sampling equipment in the field in the same manner as the actual water sample to determine if field procedures introduce contaminants into the samples. This is also known as a “rinse blank" or a "field equipment blank."
NR 716.03(3)
(3) “Immunoassay" means a test for the presence or concentration of a substance that relies on the reaction of one or more antibodies with the substance.
NR 716.03(4)
(4) “Investigative waste" means all solid and liquid wastes and contaminated environmental media resulting from activities conducted during a site investigation, immediate action, interim action, remedial action, or a monitoring or sampling event at a site or facility. Investigative wastes include soil from drill cuttings; drilling fluids; contaminated water from construction, purging, development and sampling of monitoring wells; and wash waters used during sampling or decontamination activities.
NR 716.03 Note
Note: Section
NR 141.05 (30) defines “piezometer" as “a groundwater monitoring well, sealed below the water table, installed for the specific purpose of determining either the elevation of the potentiometric surface or the physical, chemical, biological or radiological properties of groundwater at some point within the saturated zone or both."
NR 716.03 Note
Note: Section
NR 141.05 (31) defines “potentiometric surface" to mean “an imaginary surface representing the total head of groundwater and is the level to which water will rise in a well."
NR 716.03 Note
Note: Section
NR 149.03 (70) defines “replicate sample" to mean" 2 or more substantially equal aliquots analyzed independently for the same parameter." This is also known as a “duplicate."
NR 716.03 Note
Note: Section
NR 149.03 (78) defines “temperature blank" to mean “a sample container, of at least 40 ml. capacity, filled with water and transported with each shipment of collected samples to determine the temperature of other samples in the shipment on arrival at a laboratory."
NR 716.03(10)
(10) “Trip blank" means a sample of reagent grade water which is used to determine possible contamination of samples from volatile organic chemicals while in transit to and from the laboratory.
NR 716.03 Note
Note: Section
NR 141.05 (46) defines “water table observation well" to mean “any groundwater monitoring well, in which the screen or open borehole intersects a water table, which is installed for the specific purpose of determining either the elevation of the water table or the physical, chemical, biological or radiological properties of groundwater at the water table or both."
NR 716.03 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94;
correction in (10) made under s. 13.93 (2m) (b) 7., Stats.,
Register, January, 2001, No. 541;
CR 12-023: am. (2), r. (5), am. (8), cr. (8m), am. (9), (10)
Register October No. 694, eff. 11-1-13;
correction in (9) made under s. 13.92 (4) (b) 7., Stats., Register April 2023 No. 808. NR 716.05(1)(1)
When site–specific or facility–specific information indicates that soil, sediment, groundwater, surface water, air or other environmental media at a site or facility may have become contaminated, persons identified under sub. NR 716.02 (1) shall conduct a site investigation consistent with this chapter. Unless sub.
(2) is applicable, responsible parties shall use the factors in s.
NR 708.09 (1) (a) to
(n) and
(2) (a) to
(c) to determine whether or not a site investigation is necessary.
NR 716.05(2)
(2) A site investigation is not required of the responsible parties at a site or facility, if:
NR 716.05(2)(a)
(a) After notification to the department of a hazardous substance discharge in accordance with ch.
NR 706, the department determines that no further action is required of the responsible parties, based on the factors in s.
NR 708.09 (1) and
(2).
NR 716.05(2)(b)
(b) After completion of an immediate action, the department determines that no further action is required of the responsible parties, based on the factors in s.
NR 708.09 (1) and
(2).
NR 716.05 Note
Note: The appropriate review fee specified in ch.
NR 749 must accompany any request for the department to review a specific document.
NR 716.05 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; am. (2) (a),
Register, February, 1997, No. 494, eff. 3-1-97; emerg. am. (1), eff. 5-18-00; am. (1),
Register, January, 2001, No. 541, eff. 2-1-01; correction in (1) made under s. 13.93 (2m) (b) 7., Stats.,
Register, January, 2001, No. 541;
CR 12-023: am. (1)
Register October No. 694, eff. 11-1-13.
NR 716.07
NR 716.07 Site investigation scoping. Prior to conducting the field component of a site investigation required under s.
NR 716.05, responsible parties shall evaluate all of the following relevant items, considering the location of the site or facility, to ensure that the scope and detail of the field investigation are appropriate to the complexity of the site or facility:
NR 716.07(1)
(1) History of the site or facility, including industrial, commercial or other land uses that may have been associated with one or more hazardous substance discharges at the site or facility.
NR 716.07(2)
(2) Knowledge of the type of contamination and the amount of the contamination.
NR 716.07(3)
(3) History of previous hazardous substance discharges or environmental pollution.
NR 716.07(4)
(4) Environmental media affected or potentially affected by the contamination.
NR 716.07(5)
(5) Location of the site or facility, and its proximity to other sources of contamination.
NR 716.07(6)
(6) Need for permission from property owners to allow access to the site or facility and to adjacent or nearby properties.
NR 716.07(7)
(7) Potential or known impacts to receptors, including public and private water supplies; buildings and other cultural features; and utilities or other subsurface improvements. This evaluation shall include mapping the location of all water supply wells within a 1,200- foot radius of the outermost edge of contamination.
NR 716.07(8)
(8) Potential for impacts to any of the following:
NR 716.07(8)(a)
(a) Species, habitat or ecosystems sensitive to the contamination.
NR 716.07(8)(b)
(b) Wetlands, especially those in areas of special natural resource interest as designated in s.
NR 103.04.
NR 716.07(8)(d)
(d) Sites or facilities of historical or archaeological significance.
NR 716.07 Note
Note: Information on sites or facilities of historical or archeological significance may be found at the following State Historical Society websites:
NR 716.07(9)
(9) Potential interim and remedial actions applicable to the site or facility and the contamination.
NR 716.07(10)
(10) Immediate or interim actions already taken or in progress, including any evaluations made of whether an interim action is needed at the site or facility.
NR 716.07(11)
(11) Any other items, including climatological conditions and background water or soil quality information, that may affect the scope or conduct of the site investigation.
NR 716.07(12)
(12) The need to gather data to determine the hydraulic conductivity of materials where contaminated groundwater is found.
NR 716.07 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; emerg. cr. (12), eff. 5-18-00; cr. (12),
Register, January, 2001, No. 541, eff. 2-1-01;
CR 12-023: renum. (8) (b) to (e) to (8) (a) to (d), am. (12)
Register October No. 694, eff. 11-1-13.
NR 716.09
NR 716.09 Site investigation work plan. NR 716.09(1)(1)
General. Unless otherwise directed by the department, in cases where a site investigation is required under s.
NR 716.05, responsible parties shall submit a work plan to the department within 60 days of receiving notification that a site investigation is required, describing the intended scope and conduct of a field investigation. One paper copy and one electronic copy of the plan shall be submitted to the department, unless otherwise directed by the department, in accordance with s.
NR 700.11 (3g).
