Chapter NR 718

NR 718.03(13) (13) “Volatilization” means removal of contaminants from soil or other media by evaporation.

NR 718.03 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; renum. (3) to (9) to be (4), (5), (6), (8), (10), (12) and (13), cr. (3), (7), (9) and (11), Register, December, 1998, No. 516, eff. 1-1-99; correction in (5) made under s. 13.93 (2m) (b) 7., Stats., Register September 2007 No. 621; CR 12-023: am. (5), (8) Register October 2013 No. 694, eff. 11-1-13.

NR 718.05 NR 718.05 Storage of excavated contaminated soil.

NR 718.05(1) (1) Exemption from solid waste program requirements. Sites or facilities where less than 2,500 cubic yards of excavated contaminated soil are stored by responsible parties for a period not to exceed 6 months, in accordance with all of the requirements of this section, are exempt from the solid waste program requirements for the storage of contaminated soil in ch. 289, Stats., and chs. NR 500 to 538.

NR 718.05 Note Note: This section does not apply to sites or facilities where more than 2,500 cubic yards of excavated contaminated soil are stored or where storage of contaminated soil exceeds 6 months. This section also does not apply to the storage by responsible parties of excavated contaminated soil at sites or facilities that are licensed solid waste storage facilities.

NR 718.05(2) (2) General storage requirements. Except as provided in sub. (3) or (4), the requirements in this subsection apply to the storage by responsible parties of excavated contaminated soil at sites or facilities that are not licensed solid waste storage facilities.

NR 718.05(2)(a) (a) Location standards. Responsible parties may store contaminated soil at a site or facility in accordance with the requirements of this section, except if the storage area will be located in one of the areas specified in subds. 1. through 4., or if an exemption is issued by the department pursuant to par. (b).

NR 718.05(2)(a)1. 1. Within a floodplain.

NR 718.05(2)(a)2. 2. Within 100 feet of any wetland or critical habitat area.

NR 718.05(2)(a)3. 3. Within 300 feet of any navigable river, stream, lake, pond or flowage.

NR 718.05(2)(a)4. 4. Within 100 feet of any water supply well for on-site storage or within 300 feet of any water supply well for off-site storage.

NR 718.05(2)(b) (b) Exemptions from location standards. Responsible parties may store contaminated soil in a location listed in par. (a) if the department has granted a written exemption from that location standard, after considering all of the following:

NR 718.05(2)(b)1. 1. Waste characteristics and quantities.

NR 718.05(2)(b)2. 2. The geology and hydrogeology of the area, including information from well logs and well construction records for nearby wells.

NR 718.05(2)(b)3. 3. The unavailability of other environmentally suitable alternatives.

NR 718.05(2)(b)4. 4. Compliance with other state and federal regulations.

NR 718.05(2)(b)5. 5. The threat to public health, safety, or welfare or the environment.

NR 718.05(2)(c) (c) Impervious base. Responsible parties shall place contaminated soil on base material impervious to the contaminant and to water, such as concrete, asphalt, plastic sheeting or an impervious construction fabric.

NR 718.05(2)(d) (d) Cover and anchoring. Responsible parties shall ensure that all contaminated soil in a storage area is sloped and graded to eliminate depressions in the surface and is covered. The cover shall be in place at all times when the soil is not being transferred. The cover shall be constructed and maintained in accordance with all of the following requirements:

NR 718.05(2)(d)1. 1. The cover shall be constructed of an impervious material, such as plastic sheeting, impervious construction fabric, or another flexible impervious material. The cover shall be formulated to resist degradation by ultraviolet light.

NR 718.05(2)(d)2. 2. The cover material shall be anchored in place, by means such as weights, ropes, cables, cords, chains or stakes to prevent the contaminated soil from being exposed.

NR 718.05(2)(e) (e) Surface water control. Responsible parties shall construct a storage area to prevent surface water contact with the soil, including the construction of berms if necessary. Any water which has been in contact with contaminated soil shall be contained and may be replaced in the storage pile, or shall be collected and treated as leachate as required by chs. NR 500 to 538.

NR 718.05(2)(f) (f) Signs. Responsible parties shall post signs as required by s. NR 714.07 (4).

NR 718.05(2)(g) (g) Inspections. Unless otherwise directed by the department, responsible parties shall ensure that contaminated soil storage piles are inspected at least once every 30 days, and shall immediately repair or replace any base, cover, anchoring and berm materials that do not meet the requirements of this subsection. Responsible parties shall also ensure that a written log is maintained which includes the inspection dates, name of the inspector, the condition of the storage pile at the time of the inspection and any repairs that were made.

NR 718.05(2)(h) (h) Notification that soil is being transported to another property. Responsible parties shall notify the department in writing if excavated contaminated soil is transported for storage to a property other than that from which it was excavated. Notification shall be made within 3 days after the first day that contaminated soil is transported to another property and shall include all of the following:

NR 718.05(2)(h)1. 1. The name, address and telephone number of the person who owns the site or facility from which the soil originated.

NR 718.05(2)(h)2. 2. The volume of soil being transported.

NR 718.05(2)(h)3. 3. The hazardous substances and environmental pollution present in the soil.

NR 718.05(2)(h)4. 4. The containment measures utilized to attain compliance with pars. (c), (d) and (e).

NR 718.05(2)(h)5. 5. The address and location by quarter–quarter section, township, range and county, geographic position determined in accordance with the requirements of s. NR 716.15 (5) (d), and the latitude and longitude of the property from which the soil was excavated.

NR 718.05(2)(h)6. 6. The name, address and telephone number of the person who owns the property where the soil is stored.

NR 718.05(2)(h)7. 7. The address and location by quarter–quarter section, township, range and county, geographic position determined in accordance with the requirements of s. NR 716.15 (5) (d), and the latitude and longitude of the property where the soil is stored.

NR 718.05(2)(i) (i) Notification of storage for 90 days or more. Responsible parties shall notify the department in writing if contaminated soil is stored for 90 days or more either on-site or off-site, within 3 business days after the ninetieth day. Notification shall include all of the following:

NR 718.05(2)(i)1. 1. The name, address and telephone number of responsible parties.

NR 718.05(2)(i)2. 2. The volume of soil being stored.

NR 718.05(2)(i)3. 3. The hazardous substances or environmental pollution present in the soil.

NR 718.05(2)(i)4. 4. The containment measures utilized to attain compliance with pars. (c), (d) and (e).

NR 718.05(2)(i)5. 5. The address and location by quarter–quarter section, township, range and county, geographic position determined in accordance with the requirements of s. NR 716.15 (5) (d), and the latitude and longitude of the property where the soil is stored.

NR 718.05(2)(i)6. 6. A brief proposal for treatment and final placement of the soil.

NR 718.05(3) (3) Requirements for temporary stockpiles. Sites or facilities where responsible parties temporarily store up to 2,500 cubic yards of excavated contaminated soil for 15 days or less, for the purpose of loading the soil into transfer vehicles or treatment units, are exempt from regulation under ch. 289, Stats., and chs. NR 500 to 538 and are not subject to the general storage requirements in sub. (2) if the soil is stored in accordance with all of the following requirements:

NR 718.05(3)(a) (a) The entire soil pile shall be located within 500 feet of the excavation from which the contaminated soil was removed, or within 1,000 feet of the excavation from which the contaminated soil was removed if the soil is stored on the same property from which it was excavated.

NR 718.05(3)(b) (b) The same contaminated soil shall not be stored for more than 15 days.

NR 718.05(3)(c) (c) All contaminated soil shall be placed on base material impervious to contaminants in the soil and to water, such as concrete, asphalt, plastic sheeting or impervious construction fabrics.

NR 718.05(3)(d) (d) Surface water contact with the contaminated soil shall be prevented, including the construction of berms if necessary, to control surface water movement.

NR 718.05(3)(e) (e) The contaminated soil shall be covered when it is not being moved, with a cover material sufficient to prevent infiltration of precipitation and to inhibit volatilization of soil contaminants.

NR 718.05(4) (4) Requirements for containerized storage. Sites or facilities where responsible parties store up to 2,500 cubic yards of excavated contaminated soil for 6 months or less in containers or in buildings are exempt from regulation under ch. 289, Stats., and chs. NR 500 to 538, and are not subject to the general storage requirements in sub. (2), if the contaminated soil is stored in accordance with all of the following requirements:

NR 718.05(4)(a) (a) Containers and buildings shall be designed, constructed and maintained to prevent leakage, infiltration of precipitation and volatilization of soil contaminants to the ambient atmosphere.

NR 718.05(4)(b) (b) Containers shall be labeled and buildings shall have a sign posted in accordance with the requirements of s. NR 714.07 (4).

NR 718.05(4)(c) (c) Contaminated soil may not be stored in containers or buildings for more than 6 months, without the prior written approval of the department.

NR 718.05 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; corrections in (1), (2) (e), (3) (intro.) and (4) (intro.) made under s. 13.92 (4) (b) 7, Stats., Register February 2010 No. 650; CR 12-023: am. (2) (f), (h) 5., 7., (i) 5., (4) (b) Register October 2013 No. 694, eff. 11-1-13.

NR 718.07 NR 718.07 Transportation of excavated contaminated soil.

NR 718.07(1) (1) Except where sub. (2) is applicable, a solid waste collection and transportation service operating license is required under s. NR 502.06 whenever excavated contaminated soils are transported.

NR 718.07(2) (2) Responsible parties may transport excavated contaminated soil in vehicles that they own without a solid waste collection and transportation service operating license regardless of the number and size of loads, if the excavated contaminated soil is hauled to a site or facility in compliance with the requirements of this chapter or to a licensed solid waste storage, treatment or disposal facility. Responsible parties shall cover contaminated soil, as necessary, to prevent the loss of any material during transport.

NR 718.07 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94.

NR 718.09 NR 718.09 Treatment of excavated contaminated soil.

NR 718.09(1) (1) General. If excavated contaminated soil is treated at a non-commercial treatment unit or facility and the treatment unit or facility is operated by the responsible parties in compliance with the requirements of this chapter, that site or facility is exempt from solid waste program requirements for the treatment of the contaminated soil in ch. 289, Stats., and chs. NR 500 to 538, except where solid waste program requirements are specifically referenced in this section. If contaminated soil is incorporated into hot-mix asphalt in accordance with sub. (5), the asphalt plant is exempt from solid waste program requirements for treatment of contaminated soil found in ch. 289, Stats., and chs. NR 500 to 538, except where solid waste program requirements are specifically referenced in this section. If excavated soil contaminated solely with light petroleum products or light petroleum products in combination with agricultural chemicals regulated by the department of agriculture trade and consumer protection under s. 94.73, Stats., is treated by the responsible parties at a single-application landspreading facility in compliance with sub. (8), that landspreading facility is exempt from solid waste program requirements for the treatment of the contaminated soil in ch. 289, Stats., and chs. NR 500 to 538, except where solid waste program requirements are specifically referenced in this section. Commercial treatment units or facilities, hot-mix asphalt plants where contaminated soil is treated by means other than incorporation into the asphalt mix, and thermal treatment units or facilities are required to be licensed under ch. 289, Stats., and chs. NR 500 to 538, and are not exempt under this section.

NR 718.09 Note Note: Treatment of contaminated soil that has not been excavated is not regulated as solid waste treatment under ch. 289, Stats., and chs. NR 500 to 538. Design, operation and maintenance requirements for the treatment of unexcavated contaminated soil are established in ch. NR 724.

NR 718.09(2) (2) Location standards.

NR 718.09(2)(a) (a) Unless approved under chs. NR 400 to 499, chs. NR 500 to 538 where applicable, or par. (b), responsible parties may not treat excavated contaminated soil in any of the following locations:

NR 718.09(2)(a)1. 1. Within a floodplain.

NR 718.09(2)(a)2. 2. Within 100 feet of any wetland or critical habitat area.

NR 718.09(2)(a)3. 3. Within 300 feet of any navigable river, stream, lake, pond or flowage.

NR 718.09(2)(a)4. 4. Within 100 feet of any on-site water supply well or 300 feet of any off-site water supply well.

NR 718.09(2)(b) (b) Responsible parties may treat contaminated soil in a location listed in par. (a) if the department has granted a written exemption from that location standard, after considering all of the following:

NR 718.09(2)(b)1. 1. Waste characteristics and quantities.

NR 718.09(2)(b)2. 2. The geology and hydrogeology of the area, including information from well logs and well construction records for nearby wells.

NR 718.09(2)(b)3. 3. The unavailability of other environmentally suitable alternatives.

NR 718.09(2)(b)4. 4. Compliance with other state and federal regulations.

NR 718.09(2)(b)5. 5. The threat to public health, safety, or welfare or the environment.

NR 718.09(3) (3) Non-commercial treatment of soil from more than one site. Non-commercial treatment units or facilities operated by responsible parties, where less than 2,500 cubic yards of excavated contaminated soil from 5 or fewer contamination sites are treated, are exempt from solid waste program requirements for the treatment of contaminated soil in ch. 289, Stats., and chs. NR 500 to 538, if the treatment is conducted in compliance with the requirements of this section. Excavated contaminated soil from more than 5 properties may not be treated at the same site or facility unless the treatment site or facility is a licensed solid waste treatment facility. Responsible parties may not mix excavated contaminated soil from one property with soil from another property unless the same party owns all of the mixed soil or an approval has been granted under ch. NR 502. Contaminated soil which is stored prior to treatment shall be stored in compliance with the provisions of s. NR 718.05.

NR 718.09(4) (4) Notification.

NR 718.09(4)(a) (a) Responsible parties shall notify the department in writing within 30 days after any of the following:

NR 718.09(4)(a)1. 1. Start up of any type of treatment of excavated contaminated soil that is subject to the requirements of sub. (7), (8) or (9).

NR 718.09(4)(a)2. 2. Shutdown of any type of treatment of excavated contaminated soil that is subject to the requirements of sub. (7), (8) or (9).

NR 718.09(4)(a)3. 3. Substantial change in operations of any type of treatment of excavated contaminated soil that is subject to the requirements of sub. (7), (8) or (9).

NR 718.09(4)(a)4. 4. Completion of any type of treatment of excavated contaminated soil that is subject to the requirements of sub. (7), (8) or (9).

NR 718.09(4)(b) (b) Notification shall include all of the following:

NR 718.09(4)(b)1. 1. The name, address and telephone number of all responsible parties.

NR 718.09(4)(b)2. 2. All locations of sites from which contaminated soil was excavated by address and location by quarter–quarter section, township, range and county, geographic position determined in accordance with the requirements of s. NR 716.15 (5) (d), and the latitude and longitude.

NR 718.09(4)(b)3. 3. The volume of soil being treated.

NR 718.09(4)(b)4. 4. The hazardous substances or environmental pollution in the soil.

NR 718.09(4)(b)5. 5. The address and location by quarter–quarter section, township, range and county, geographic position determined in accordance with the requirements of s. NR 716.15 (5) (d), and the latitude and longitude of the treatment site.

NR 718.09(4)(b)6. 6. The name, address and telephone numbers of all consultants and contractors involved in response actions at the sites or facilities.

NR 718.09(4)(b)7. 7. A brief description of the treatment system.

NR 718.09(4)(b)8. 8. The reasons for any unscheduled shutdowns or changes in operation.

NR 718.09(4)(b)9. 9. A brief proposal for the disposal of the contaminated soils after treatment.

NR 718.09(5) (5) Treatment of excavated contaminated soil at hot-mix asphalt or structural concrete plants.

NR 718.09(5)(a) (a) Responsible parties may not transport or hire another entity to transport excavated contaminated soil to a hot-mix asphalt plant which incorporates contaminated soil into the asphalt mix unless the hot-mix asphalt plant has a current operating air permit under chs. NR 400 to 499 and is in compliance with chs. NR 400 to 499. Where the operator of a hot-mix asphalt plant who is in compliance with chs. NR 400 to 499 and has a current operating air permit under chs. NR 400 to 499 becomes a responsible party as a result of a hazardous substance discharge, that responsible party may remediate the resultant contaminated soil in accordance with this chapter by placing the soil directly into hot-mix asphalt. When a hazardous substance discharge occurs that a hot-mix plant operator is responsible for, the department shall be notified immediately of the discharge to the environment and of the response action taken by the asphalt plant operator.

NR 718.09(5)(b) (b) If excavated contaminated soil is incorporated into asphalt at a hot-mix asphalt plant operated in compliance with the requirements of this chapter, that site or facility is exempt from solid waste program requirements for the treatment of the contaminated soil in ch. 289, Stats., and chs. NR 500 to 538, except where solid waste program requirements are specifically referenced in this section.