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).
NR 716.09 Note
Note: Guidance for Electronic Submittals for the GIS Registry outlines how electronic copies should be submitted in the Adobe Portable Document Format (PDF) on optical disk media. This guidance can be accessed at
http://dnr.wi.gov/files/PDF/pubs/rr/RR690.pdf.
NR 716.09(2)
(2) Contents. The work plan shall include all of the following information, unless otherwise directed by the department:
NR 716.09(2)(a)
(a) Site name, address, and location by quarter–quarter section, township, range and county, and the location information specified in s.
NR 716.15 (5) (d).
NR 716.09 Note
Note: Section
NR 716.15 (5) (d) requires submittal of Wisconsin Transverse Mercator (WTM) coordinates.
NR 716.09(2)(b)
(b) Name and address of the responsible party or parties, and name and address of all consultants or contractors involved in the response action.
NR 716.09(2)(c)
(c) Site location map, consisting of the applicable portion of a 1:24,000-scale topographic quadrangle published by the United States geological survey with the name of the quadrangle indicated, and a site layout map to approximate scale depicting the layout of buildings, roads, discharge location and other relevant features of the site.
NR 716.09(2)(e)
(e) Basic information on the physiographical and geological setting of the site necessary to choose sampling methods and locations, including:
NR 716.09(2)(e)1.
1. The existing topography, including prominent topographic features.
NR 716.09(2)(e)2.
2. The surface water drainage patterns and significant hydrologic features, such as surface waters, springs, surface water drainage basins, divides, wetlands and whether the site lies within a floodplain or floodway.
NR 716.09(2)(e)4.
4. General nature and distribution of geologic materials, including the thickness and type of unconsolidated materials and the type and nature of bedrock.
NR 716.09(2)(f)
(f) Sampling and analysis strategy to be used during the field investigation, including:
NR 716.09(2)(f)1.
1. A description of the investigative techniques to be used to characterize the site or facility.
NR 716.09(2)(f)2.
2. Identification on a site layout map of the locations, both planimetric and vertical, from which samples of environmental media will be obtained. Where locations cannot be specified in advance, the work plan shall include a description of the strategy to be used for determining these locations in the field.
NR 716.09(2)(f)3.
3. A description of sampling methods to be used, including methods for collecting, preserving and delivering samples, and leak detection methods.
NR 716.09(2)(f)4.
4. An itemization of the parameters for which samples will be analyzed, as well as the analytical methods to be used and their method detection limits.
NR 716.09(2)(f)5.
5. A description of quality control and quality assurance procedures to be used per sampling method, including the items specified in s.
NR 716.13.
NR 716.09(2)(f)6.
6. A description of the procedures to be used to prevent cross-contamination among samples.
NR 716.09(2)(f)7.
7. A description of the type of investigative wastes that will be generated during the site investigation and how they will be collected, stored, transported and treated or disposed of.
NR 716.09(2)(f)8.
8. A discussion of how the sampling and analysis results will be related to results of any previous investigations at the site or facility, and how the results will be used to determine the degree and extent of the contamination and the selection of a remedial action option including, where appropriate, natural attenuation.
NR 716.09(2)(g)
(g) A description of other procedures to be used for site management, including erosion control and repair of structural, soil, or ground disturbance.
NR 716.09(2)(h)
(h) A schedule for conducting the field investigation and reporting the results to the department.
NR 716.09(3)(a)(a) The department may instruct responsible parties to proceed without departmental review of work plans submitted under this section.
NR 716.09(3)(b)
(b) Responsible parties that are not instructed to proceed under par.
(a) shall wait before initiating the field investigation until the department has approved or conditionally approved the work plan, except that if the department has not reviewed the work plan within 30 days after its receipt by the department, the responsible parties shall proceed with the field investigation.
NR 716.09(3)(c)
(c) If the department disapproves a work plan submitted under this section, the department shall provide to the responsible parties, in writing, the basis for disapproval and a deadline for providing a revised work plan.
NR 716.09(3)(d)
(d) The lack of a response from the department, after the department's receipt of a work plan, may not be construed to mean that the department has approved the work plan.
NR 716.09 Note
Note: The department will only provide an approval if a review was requested, and the appropriate fee was submitted.
NR 716.09 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; r. and recr. (1), r. (3) (e),
Register, April, 1995, No. 472, eff. 5-1-95;
CR 12-023: am. (1), (2) (a), (f) 3., 5., 8., (g), (3) (b)
Register October No. 694, eff. 11-1-13.
NR 716.11(1)(1)
Responsible parties shall conduct a field investigation as part of each site investigation required under this chapter, unless the department directs otherwise.
NR 716.11(2)
(2) The field investigation shall be conducted in accordance with a work plan approved or conditionally approved by the department, unless the department has directed the responsible parties to proceed with a field investigation without department review of the investigation work plan.
NR 716.11(2g)
(2g) The field investigation shall be initiated within 90 days of submittal of the work plan.
NR 716.11(2r)
(2r) In cases where the responsible party pays a fee for department review of the work plan, the field investigation shall be initiated within 60 days after department approval of the work plan.
NR 716.11 Note
Note: The intent of this subsection is to be able to measure that progress is being made toward conducting a site investigation. Initiation may include preparatory measures to conducting the actual fieldwork.
NR 716.11(3)
(3) The purposes of the field investigation shall be to:
NR 716.11(3)(a)
(a) Determine the nature, degree and extent, both areal and vertical, of the hazardous substances or environmental pollution in all affected media.
NR 716.11(3)(b)
(b) Provide sufficient information to permit evaluation of interim options pursuant to ch.
NR 708, and remedial action options pursuant to ch.
NR 722, and to permit a determination to be made regarding whether any of the interim or remedial action options require a treatability study or other pilot-scale study.
NR 716.11(3)(c)
(c) Provide sufficient information to determine the hydraulic conductivity of materials where contaminated groundwater is found.
NR 716.11(3)(d)
(d) Provide an estimate, along with all necessary supporting information, of the mass of contamination in the source area. This includes sites involving free product or where natural attenuation is considered for part of the remedy.
NR 716.11 Note
Note: The intent of this paragraph is to address situations where a discrete area indicates a release of a hazardous substance. It is not intended for situations where there is no discrete source area, such as when there is area-wide contamination from aerial deposition, or widespread areas of fill such as foundry ash.
NR 716.11(4)
(4) Responsible parties shall extend the field investigation beyond the property boundaries of the source area as necessary to fully define the extent of the contamination. If the responsible parties are unable to complete the required investigation beyond the source property because a property owner refuses access, the responsible parties shall notify the department within 30 days of the refusal, and shall document in writing the efforts undertaken to gain access when requested by the department.
NR 716.11(5)
(5) The field investigation shall include an evaluation of all of the following items:
NR 716.11(5)(a)
(a) Potential pathways for migration of the contamination, including drainage improvements, utility corridors, bedrock and permeable material or soil along which vapors, free product or contaminated water may flow.
NR 716.11(5)(c)
(c) The known or potential impacts of the contamination on any of the resources listed in s.
NR 716.07 (8) that were identified during the scoping process as having the potential to be affected by the contamination.
NR 716.11(5)(d)
(d) Surface and subsurface rock, soil and sediment characteristics, including physical, geochemical and biological properties that are likely to influence the type and rate of contaminant movement, or that are likely to affect the choice of a remedial action.
NR 716.11(5)(e)
(e) The extent of contamination in the source area, in soil and saturated materials, and in groundwater.
NR 716.11 Note
Note: The intent of this requirement is to collect samples in the general area where the contaminant was released, where the concentrations are generally expected to be the greatest, and to determine the presence of non-aqueous phase liquids, including samples from the smear zone. For further information on the smear zone, copies of the department's guidance "Smear Zone Contamination" may be obtained by accessing the following web site:
http://dnr.wi.gov/files/PDF/pubs/rr/RR712.pdf or from any regional office of the department, or by writing to the Department of Natural Resources, Bureau for Remediation and Redevelopment, P. O. Box 7921, Madison, Wisconsin 53707. This requirement is not intended to address sampling of landfill waste materials. In cases where clean soils exist between shallower contaminated soil, and groundwater, groundwater still needs to be assessed.
NR 716.11(5)(f)
(f) The extent, both vertically and horizontally, of groundwater contamination. Piezometers shall be used to determine the vertical extent of contamination, as appropriate to the situation.
NR 716.11 Note
Note: The use of piezometers may not be appropriate for all situations, including at the source area, or where a documented upward gradient exists downgradient of a source area.
NR 716.11(5)(g)
(g) The presence and concentration of vapors sub-slab, when investigation of soil, soil gas or groundwater indicates that vapors may migrate to the foundation of an occupied building, taking into account the biodegradability of vapors, preferential pathways of vapor movement, or other physical or chemical factors affecting vapor movement into occupied buildings.
NR 716.11(5)(h)
(h) The presence and concentration of vapors in indoor air, when it is necessary to determine the impact on an occupied structure considering applicable attenuation factors, land use, building size and other site-specific factors that affect exposure to vapor.
NR 716.11 Note
Note: Indoor air samples are expected to be collected and analyzed in most cases where vapor migration into an occupied residential setting is likely. A residential setting may include single or multiple family housing, and educational, childcare, and elder care facilities. Sampling and analysis is conducted to determine levels of the contaminants of concern. Indoor air sampling is not recommended in locations where the contaminant of concern is currently used in commercial or industrial operations.
NR 716.11(6)
(6) Responsible parties shall manage investigative wastes in a manner that will not pose a threat to public health, safety, or welfare or the environment, and which is consistent with state and federal regulations.
NR 716.11(7)
(7) Responsible parties shall label all drums containing investigative wastes, including drill cuttings and purge water, with the Bureau for Remediation and Redevelopment Tracking System activity number for the site, the site name, boring or well number, initial date of collection, and the contents.
NR 716.11 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; am. (3) (b),
Register, April, 1995, No. 472, eff. 5-1-95; emerg. cr. (3) (c), am. (5) (a), eff. 5-18-00; cr. (3) (c), am. (5) (a),
Register, January, 2001, No. 541, eff. 2-1-01;
CR 12-023: cr. (2g), (2r), am. (3) (c), cr. (3) (d), (5) (e) to (h), (7)
Register October No. 694, eff. 11-1-13.
NR 716.13
NR 716.13 Sampling and analysis requirements.
