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)(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)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)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)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)(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)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)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)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.
NR 718.09(5)(c)
(c) Storage of excavated contaminated soil at hot-mix asphalt plants which incorporate contaminated soil into the asphalt mix shall be in compliance with all of the following:
NR 718.09(5)(c)2.
2. Storage shall be in an area constructed of an asphalt base and asphalt berms, or other materials approved by the department.
NR 718.09(5)(c)5.
5. Plant operators shall take steps to control windblown dust, and to control the infiltration of precipitation, at contaminated soil storage areas.
NR 718.09(5)(d)
(d) Responsible parties may not transport or hire another entity to transport excavated contaminated soil to a hot-mix asphalt plant for treatment other than incorporation into the asphalt mix unless the hot-mix asphalt plant has a current operating air permit under
chs. NR 400 to
499, is in compliance with
chs. NR 400 to
499 and has an approval for solid waste processing under
ch. 289, Stats., and
chs. NR 500 to
538. Hot-mix asphalt plants which do not incorporate contaminated soil into the asphalt mix and structural concrete plants which do not incorporate contaminated soil into concrete shall store excavated contaminated soil in compliance with
ch. NR 502.
NR 718.09(5)(e)
(e) Responsible parties may not transport or hire another entity to transport excavated contaminated soil to a structural concrete batch plant that does not have all required operating permits and approvals for incorporation of contaminated soils into the concrete mix.
NR 718.09 Note
Note: Placement of asphalt pavement which contains contaminated soil incorporated into asphalt at a hot-mix asphalt plant operated in compliance with the requirements of this chapter is not regulated as solid waste disposal.
NR 718.09(6)
(6) Thermal treatment of excavated contaminated soil. NR 718.09(6)(a)(a) Responsible parties may not transport or hire another entity to transport excavated contaminated soil to a thermal treatment unit or facility unless that thermal treatment unit or facility has all required operating permits or licenses, including a current operating air permit under
chs. NR 400 to
499, is in compliance with
chs. NR 400 to
499, and has a current license or other approval under
s. NR 502.08. Operators of soil treatment units shall take steps satisfactory to the department to minimize noise and dust, such as wetting treated soils and the work area to control dust.
NR 718.09(6)(b)
(b) Storage of excavated contaminated soil at thermal treatment units or facilities is exempt from the storage requirements in
ch. 289, Stats., and
chs. NR 500 to
538 if it is in compliance with the following:
NR 718.09(6)(b)4.
4. Operators of soil treatment units shall take steps satisfactory to the department to control the infiltration of precipitation at contaminated soil storage areas.
NR 718.09(7)
(7) Bioremediation and treatment by volatilization of excavated contaminated soil. Except as provided in
sub. (8), all of the following requirements apply to the treatment of excavated contaminated soil by bioremediation, volatilization or both:
NR 718.09(7)(a)
(a) Responsible parties who treat excavated contaminated soil by bioremediation or volatilization, or both, shall maintain the excavated contaminated soil in compliance with the requirements of
s. NR 718.05 (2) (c),
(e),
(f) and
(g), unless other methods are approved by the department.
NR 718.09(7)(b)
(b) All excavated contaminated soil shall be covered, as necessary, to prevent volatilization of soil contaminants in excess of limits in
chs. NR 400 to
499. If a cover is required by
chs. NR 400 to
499, the cover material and anchoring system shall meet the requirements of
s. NR 718.05 (2) (d), unless other methods are approved by the department.
NR 718.09(7)(c)
(c) All treatment of excavated contaminated soil by bioremediation or volatilization shall be designed, operated and maintained in accordance with the requirements of
ch. NR 724.
NR 718.09(8)
(8) Single-application landspreading of excavated contaminated soil. NR 718.09(8)(a)(a) General. Responsible parties, or their agents or contractors, may conduct single-application landspreading of 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., provided that the requirements of
pars. (b),
(c),
(d) and
(e) are met. Landspreading of contaminated soil which contains chemicals regulated by the department of agriculture, trade and consumer protection under s.
94.73, Stats., shall also be conducted in accordance with a plan that has received prior written approval from the department of agriculture, trade and consumer protection.
NR 718.09(8)(b)1.1. Waste shall be characterized prior to submitting the operation plan under
par. (d). Analytical results from a site investigation conducted under
ch. NR 716 may be used to characterize the waste or to supplement the waste characterization. Samples shall be collected and analyzed in accordance with the following requirements:
NR 718.09(8)(b)1.a.
a. For the first 600 cubic yards of contaminated soil to be landspread at each landspreading facility, one soil sample shall be collected for each 100 cubic yards of contaminated soil to be landspread. For volumes of contaminated soil that exceed 600 cubic yards, a minimum of one additional sample per 300 cubic yards shall be collected for analysis. At a minimum, 2 samples shall be collected from the soil to be landspread.
NR 718.09(8)(b)1.b.
b. Samples shall be analyzed for all contaminants whose presence is suspected considering the site investigation scoping items listed under
s. NR 716.07.
NR 718.09(8)(b)2.a.
a. Landspreading of soil containing polynuclear aromatic hydrocarbons (PAHs) shall be approved in writing by the department in accordance with the procedures in
par. (d) 4.
NR 718.09(8)(b)2.b.
b. The metal contaminant concentrations in the excavated contaminated soil to be landspread may not exceed the residual concentration levels established in accordance with
ch. NR 720.
NR 718.09(8)(c)1.1. The department may approve a facility for single-application landspreading under this section if the applicant submits a complete application and the facility meets the location standards under
subd. 3. All applications for facility approvals shall be submitted on forms supplied by the department. The applicant shall send a copy of the application to the clerks of the county and the city, village or town where the facility is located at the same time that it is submitted to the department. Before an application for approval of a single-application landspreading facility is considered complete, the following information shall be submitted:
NR 718.09(8)(c)1.a.
a. The facility location, including legal description and copies of any county soil survey maps, plat maps, USGS topographic maps or other maps used to demonstrate that the criteria in this paragraph are met. The area proposed for landspreading shall be delineated on appropriate maps and the total area proposed for landspreading shall be determined in square feet or acres.
NR 718.09(8)(c)1.b.
b. The names, addresses and telephone numbers of the person who will operate the landspreading facility and the site owner.
NR 718.09(8)(c)1.c.
c. A description of the current land use of the facility and surrounding properties.
NR 718.09(8)(c)1.d.
d. The slope, depth to seasonal high water table and bedrock, and soil characteristics including soil type, and the mean permeability of the uppermost 5 feet of soil. Information summarized from county soil surveys published by the United States department of agriculture maps and similar sources may be used to obtain this information where appropriate. Information obtained from soil borings or test pits may be used to determine site-specific characteristics. The use of county soil surveys is not appropriate to determine separation from groundwater or bedrock for sites where a 10-foot separation distance is required.
NR 718.09(8)(c)1.e.
e. Copies of any local approvals required in order to landspread or an affirmation that no local approvals are required.
NR 718.09 Note
Note: Copies of application forms for facility approvals may be obtained from any regional office of the department or by writing to the Department of Natural Resources, Bureau for Remediation and Redevelopment, PO Box 7921, Madison, Wisconsin, 53707-7921.
NR 718.09(8)(c)2.a.a. If a facility approval application is not complete, the department shall notify the applicant within 15 business days of receipt that it is not complete and identify the information necessary to complete the application.
NR 718.09(8)(c)2.b.
b. The department shall approve or disapprove of an application within 30 business days of receipt of a complete application.
NR 718.09(8)(c)2.c.
c. Approval of a facility shall be effective for 2 years after the date of approval, unless circumstances affecting the facility change so that the facility no longer meets the location standards in
subd. 3. An approval is no longer effective at any time that circumstances change in a manner that would cause the facility to not meet any of the standards in
subd. 3. The department may extend a facility approval up to an additional 2 years from the date of the original approval if the applicant submits a request for an extension and that request certifies that circumstances have not changed in a manner that would cause the facility to not meet any of the standards in
subd. 3.
NR 718.09(8)(c)3.
3. No person may establish, construct, operate, maintain or permit use of property as a single-application landspreading facility in the following areas:
NR 718.09(8)(c)3.e.
e. Within 1,000 feet of a public water supply well or its delineated wellhead protection area, unless a written waiver by the department is obtained. The department shall use the provisions for alternative requirements under
s. NR 811.03 in acting on requests for waivers.
NR 718.09(8)(c)3.f.
f. Within 250 feet of a private water supply well, unless a written waiver by the department is obtained. The department shall use the provisions for obtaining a variance under
s. NR 812.43 in acting on requests for waivers.
NR 718.09(8)(c)3.g.
g. Within 500 feet of any residence, unless written consent is obtained from the resident.
NR 718.09(8)(c)3.h.
h. Within 500 feet of buildings housing domestic livestock, unless written consent is obtained from the owner of the livestock.
NR 718.09(8)(c)3.i.
i. Within 25 feet of any boundary of the property on which the landspreading facility is located if there are no residences within 500 feet of that boundary, unless written consent from the adjoining property owner in obtained.
NR 718.09(8)(c)3.j.
j. Within 200 feet of any boundary of the property if there is a residence within 500 feet of that boundary, unless written consent is obtained from the resident.
