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. NR 718.09(8)(c)3.k.k. On land where the ground surface is located less than 5 feet above the seasonal high groundwater table or bedrock if the mean permeability in the uppermost 5 feet of soil is equal to or less than 6 inches per hour or on land where the ground surface is located less than 10 feet above the seasonal high groundwater table or bedrock if the mean permeability in the uppermost 5 feet of soil is greater than 6 inches per hour. Mean permeability shall be the weighted average determined by summing the products of the permeability of a each layer of soil in the uppermost 5 feet of soil times the thickness of that layer, in feet, and dividing by 5 feet. Where the permeability of a layer of soil is stated as a range, the midpoint of the range shall be used to calculate the mean permeability. NR 718.09(8)(d)1.1. Except as provided in subd. 4., single-application landspreading of excavated contaminated soil may be conducted at a facility that has been approved under par. (c) without additional department approval if the responsible party, or an agent or contractor, submits an operation plan to the department at least 10 days, but not more than 70 days, prior to the start of the operation, and complies with the operation standards in subd. 3., unless the department issues a written objection. The operation plan for a single-application landspreading facility shall contain the following information: NR 718.09(8)(d)1.b.b. A certification that the responsible party, their agent or contractor will comply with the operational requirements of subd. 2. and a description of how the requirements will be complied with. NR 718.09(8)(d)1.c.c. A list of the persons notified under this paragraph and clerks notified under par. (c) 1., or the addresses to which the notices were delivered. NR 718.09(8)(d)2.2. The responsible party, or an agent or contractor, shall give written notice that landspreading of contaminated soil will occur. This notification shall include the location of the landspreading facility, the name, address and telephone number of a contact person for the landspreading facility, a description of the type of contamination in the soil and the anticipated dates and times that the landspreading will occur. This notification shall occur at least 10 days, but not more than 70 days, prior to commencing operation, and shall be mailed or delivered to the following persons: NR 718.09(8)(d)2.a.a. The clerks of the county and the city, village or town where the facility is located. NR 718.09(8)(d)2.b.b. All owners, tenants and occupants of residences within 1,000 feet of the landspreading facility. NR 718.09(8)(d)3.3. Any person operating a single-application landspreading facility shall comply with the following operation standards: NR 718.09(8)(d)3.a.a. Except as proved in subd. 3. b., only one single-application landspreading facility may be operated at any one time on all contiguous property owned by the same entity. A landspreading facility shall be considered in operation from the time that contaminated soil is first placed on the facility until such time that the requirements in par. (e) have been met. NR 718.09(8)(d)3.b.b. Notwithstanding subd. 3. a., where contiguous property owned by the same entity is larger than 40 acres, the number of single-application landspreading facilities allowed to be operating on that property shall be determined by dividing the total number of acres of the property by 40 and rounding up to the nearest whole number. NR 718.09(8)(d)3.c.c. Contaminated soil shall be evenly spread over the landspreading area and incorporated into the native soil by plowing, disking or similar operations within 72 hours of landspreading. Each batch of contaminated soils shall be incorporated within 72 hours from when that batch was first spread. Except for incorporation, all spreading, loading, unloading and storage of petroleum contaminated soils shall cease no later than one hour prior to sunset. NR 718.09(8)(d)3.d.d. The excavated contaminated soil may not be landspread when frozen, landspread on frozen ground or landspread under any other conditions that would make incorporation into the native soils impractical. NR 718.09(8)(d)3.g.g. Debris including pieces of plastic, bricks, metal, and wood shall be removed from the contaminated soil prior to landspreading and shall be properly disposed of in accordance with chs. NR 500 to 538. NR 718.09(8)(d)3.h.h. The maximum total organic compound contaminant landspreading rate may not exceed 3000 pounds per acre. NR 718.09(8)(d)3.L.L. The landspreading facility shall be seeded as soon as practicable, but not later than within 7 days after completion of all application of the contaminated soil at the facility if the soil was applied prior to October 15 of any year. If application was completed after October 15, the facility shall be seeded as soon as practicable the following year, but not later than June 30. The department may grant a written waiver of these seeding requirements upon demonstration by the applicant that they are unable to comply with them due to adverse weather conditions. NR 718.09(8)(d)3.m.m. The landspreading facility may not be seeded with a crop intended for human consumption prior to submittal of a treatment verification report which indicates that the contaminants have been reduced to comply with the residual contaminant levels determined in accordance with the provisions of ch. NR 720. NR 718.09(8)(d)3.o.o. Signs shall be posted at any access points to the facility in accordance with s. NR 714.07 (4). The boundaries of the landspreading facility shall be marked and maintained until facility closure. NR 718.09(8)(d)4.4. If polynuclear aromatic hydrocarbons (PAHs) are detected in the waste characterization required under in par. (b) 1., responsible parties, or their agents or contractors, may landspread excavated contaminated soil only if they obtain a written approval of their operation plan from the department. The department shall notify the applicant, within 15 business days after receipt of the operation plan, if the plan is incomplete. The department shall approve of the operation plan if the plan satisfies the requirements of this paragraph and the levels of PAHs in the contaminated soils meet the criteria for residual contaminant levels specific to a site or facility under ch. NR 720. The department shall approve or disapprove of an application for an operation plan approval within 30 business days after receipt of a complete plan. NR 718.09(8)(e)1.1. ‘Sampling.’ The responsible party, their agent or contractor or the operator of a single–application landspreading facility shall submit to the department the results of a soil sampling program at the landspreading facility, to verify that all contaminants detected through the waste characterization under par. (b) 1. have been reduced to meet the residual contaminant levels specified in ch. NR 720. Samples shall be obtained from one location per every 100 yards of soil landspread. These sampling locations shall be evenly distributed over the landspreading facility. If less than 100 yards of soil is landspread, samples shall be collected from 2 sampling locations. At each sampling location 2 samples shall be obtained, one from the treatment zone and one obtained from 2 to 3 feet below the ground surface. NR 718.09(8)(e)2.a.a. If 20 or less samples are required under subd. 1., all samples shall be analyzed for all contaminants identified through the waste characterization under par. (b) 1. that exceeded the residual contaminant levels in ch. NR 720. NR 718.09(8)(e)2.b.b. If more than 20 samples are required under subd. 1., the responsible party or agent may use field screening to reduce the number of samples to be analyzed. If the samples are screened in the field to determine relative VOC concentration, only 50% of the samples required to be taken or 20 samples, whichever is greater, need to be analyzed. The samples that are sent for analysis shall be those that showed the greatest contamination during the field screening, except that at least 25% of the samples sent for analysis shall be those samples obtained from 2 to 3 feet below the ground surface. Samples shall be analyzed for all contaminants identified through the waste characterization under par. (b) that exceeded the residual contaminant levels in ch. NR 720. NR 718.09(8)(e)3.3. ‘Sampling frequency.’ Sampling shall be done within 18 months after landspreading commenced on the facility. If sampling results show that any contaminants still exceed the residual contaminant levels in ch. NR 720, additional sampling shall be done at least annually at all sample locations at which the levels were exceeded. The samples shall be analyzed for the contaminants which exceeded the residual contaminant levels in ch. NR 720 in the previous round of sampling. The department may waive the requirement to sample within the first year upon the request of the responsible party, their agent or contractor, or the operator of the landspreading facility, if it is apparent that the site does not yet meet residual contaminant levels as determined in accordance with the provisions of ch. NR 720 and the sampling will serve no useful purpose. NR 718.09(8)(e)4.4. ‘Incomplete treatment.’ If complete treatment of the contaminants which have been landspread has not been demonstrated to the department within 3 years after the contaminated soil was landspread, the responsible party, their agent or contractor shall submit a plan signed by a professional engineer to the department detailing the actions that they will take to enhance the treatment of the contaminants which still exceed the residual contaminant levels in ch. NR 720. This plan shall be submitted within 60 days after the end of the 3–year period and shall assure that cleanup is completed within 2 years. The department shall approve this plan, extending the landspreading treatment period for up to 2 years, if the plan demonstrates to the department that applicable soil cleanup standards will be met within that period of time. The department may require at any time groundwater monitoring to determine whether or not the landspread contaminants are impacting groundwater. At any time that the facility does not appear to be remediating or if it still does not meet cleanup standards after 5 years of treatment, the department may require that additional measures be taken to remediate the site or require the recording of a deed notice at the register of deeds office in the county where the facility is located that gives notice of the existence of the solid waste landspreading facility in compliance with s. NR 518.10. NR 718.09(8)(e)5.5. ‘Treatment verification report.’ Responsible parties shall submit a treatment verification report to the department within 60 days after successful treatment of the contaminated soil. The report shall contain the results of sampling conducted under this paragraph. NR 718.09(9)(9) Other types of treatment. Responsible parties shall obtain approval from the department before implementing any type of treatment for excavated contaminated soil other than the types of treatment described in subs. (5) to (8). An application for approval shall include the information required in ch. NR 724 and any other information required by the department. NR 718.09 HistoryHistory: Cr. Register, April, 1994, No. 460, eff. 5-1-94; am. (1) and (6), r. and recr. (5), Register, March, 1995, No. 471, eff. 4-1-95; am. (1) and (7) (intro.), r. and recr. (8), Register, December, 1998, No. 516, eff. 1-1-99; correction in (8) (b) 2. c. made under s. 13.93 (2m) (b) 7., Stats., Register September 2007 No. 621; corrections in (1), (2) (a) (intro.), (3), (5) (b), (d) and (6) (b) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650; correction in (8) (d) 3. g. made under s. 13.92 (4) (b) 7., Stats., Register June 2013 No 690; CR 12-023: am. (4) (b) 2., 5., (8) (b) 1. c. Table 1, d., 2. b., c., (c) 2. a., (d) 3. g., i., m., o., 4., (e) (title), 1., 2. a., b., 3. to 5. Register October 2013 No. 694, eff. 11-1-13. NR 718.12NR 718.12 Management of contaminated soil. NR 718.12(1)(a)(a) If responsible parties manage contaminated soil at a site or facility in accordance with the provisions of this section, that site or facility is exempt from the solid waste program requirements in ch. 289, Stats., and chs. NR 500 to 538. NR 718.12 NoteNote: Contaminated soil that cannot be managed under s. NR 718.12 may be approved for disposal in a licensed solid waste disposal facility under ch. 289, Stats., and chs. NR 500 to 538. NR 718.12(1)(b)(b) The response action shall be conducted in accordance with all of the applicable requirements in chs. NR 700 to 754. NR 718.12(1)(c)(c) Responsible parties may not place or replace excavated contaminated soil in the following areas unless the department has granted a written exemption to these location standards, after considering all of the factors listed in par. (d): NR 718.12(1)(c)3.3. Within 300 feet of any navigable river, stream, lake, pond, or flowage. NR 718.12(1)(c)4.4. Within 100 feet of any on-site water supply well or 300 feet of any off-site water supply well. NR 718.12(1)(c)6.6. At a depth greater than the depth of the original excavation from which the contaminated soil was removed. NR 718.12(1)(c)7.7. Where the contaminated soil poses a threat to public health, safety, or welfare or the environment. NR 718.12(1)(d)(d) Responsible parties may manage contaminated soil in a location listed in par. (c) if the department has granted a written exemption from that location standard, after considering all of the following: NR 718.12(1)(d)2.2. The geology and hydrogeology of the area, including information from well logs and well construction records for nearby wells. NR 718.12(1)(d)3.3. The unavailability of other environmentally suitable alternatives. NR 718.12(1)(d)5.5. The threat to public health, safety, or welfare or the environment. NR 718.12(1)(e)(e) Unless otherwise approved by the department, responsible parties shall sample and analyze all contaminated soil in accordance with all the following requirements: NR 718.12(1)(e)1.1. For each site or facility, one sample shall be collected for analysis for each 100 cubic yards of contaminated soil, for the first 600 yards with a minimum of 2 samples being collected. For volumes of contaminated soil that exceed 600 cubic yards, one sample for each additional 300 cubic yards shall be collected for analysis. NR 718.12(1)(e)2.2. Samples shall be analyzed for all contaminants that were detected during a site investigation. In addition, available information shall be evaluated to determine what contaminants may have been discharged at the site or facility and samples shall be analyzed for those contaminants that are expected to be present based on past land use. NR 718.12(1)(e)3.3. All soil samples shall be collected from areas most likely to contain residual soil contamination. NR 718.12(1)(e)4.4. Responsible parties shall report all analytical results to the department in writing within 10 business days after receiving the sampling results. NR 718.12 NoteNote: For those situations where an immediate action is being taken in accordance with s. NR 708.05 or where contamination is discovered as part of utility or other construction related work, the contaminated soil can generally be managed in accordance with the criteria set forth in s. NR 718.12 (1). The department should be contacted upon discovery of contaminated soil during construction activities for direction on how to proceed. NR 718.12(2)(2) Additional requirements for contaminated soil managed as part of an interim action or remedial action. NR 718.12(2)(a)(a) Responsible parties shall provide the department with written notice at least 7 days prior to initiating soil excavation activities. NR 718.12(2)(b)(b) Prior to managing contaminated soil under s. NR 718.12, responsible parties shall submit a soil management plan to the department for review and approval. Unless otherwise approved, at a minimum soil management plans shall contain all the following information: NR 718.12(2)(b)1.1. The name, address, e-mail address, and telephone number of the responsible party. NR 718.12(2)(b)3.3. 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 site or facility where the contaminated soil originated. NR 718.12(2)(b)4.4. The name, address, and phone number of any consultants or contractors who are involved with the project. NR 718.12(2)(b)5.5. A proposed schedule for implementation of the soil management plan. NR 718.12(2)(c)(c) If management of the contaminated soil is proposed to take place at a location other than where it was excavated, the responsible party shall provide the following additional information: NR 718.12(2)(c)1.1. The name, address, and telephone number of the owner or owners of the property. NR 718.12(2)(c)2.2. 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 site or facility where the contaminated soil is to be placed. NR 718.12(2)(c)3.3. The geology and hydrogeology of the site or facility, including information from any previous remedial investigations. This also includes information from well logs or well construction records for nearby wells. NR 718.12 NoteNote: If another report is being prepared to address the necessary response action, such as a remedial action plan, the soil management plan can be included as part of that report.
NR 718.12(2)(d)(d) If implementation of the soil management plan will result in the need for a continuing obligation on the property as defined by s. NR 725.05 (2), the responsible party shall provide written notification to anyone meeting the criteria in s. NR 725.05 (1) at least 30 days prior to submitting the soil management plan to the department for review. Unless otherwise approved by the department, notification letters shall meet the requirements contained in s. NR 725.07. NR 718.12(2)(e)(e) For sites or facilities where the department approves a soil management plan or other remedial action that includes a continuing obligation which meets any of the criteria in s. NR 725.05 (2), the department may require that the site or facility, including all properties and rights-of-way within the contaminated site boundaries, be included on the department database. Unless otherwise approved by the department, all applicable database documentation requirements set forth in s. NR 726.11 shall be met. The fees required by ch. NR 749 shall be submitted to the department. NR 718.12 NoteNote: Under s. 292.12 (3) (b), Stats., the department has authority to charge a fee for placement on a department database. NR 718.12 NoteNote: If the continuing obligation related to contaminated soil is being imposed as part of another department action for the same site (i.e. closure) separate fees for placement on the database will generally not be required.
NR 718.12 HistoryHistory: CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13.
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