Chapter NR 716

NR 716.14 Note Note: The form on which to provide sample results, “Sample Results Notification,” Form 4400-249, can be found at http://dnr.wi.gov/topic/Brownfields/Pubs.html.

NR 716.14(3) (3) The department may approve of a different notification schedule on a case-by-case basis.

NR 716.14 Note Note: In cases where routine monitoring is conducted, and where results are not expected to be of immediate health or welfare concern, the department may consider other schedules, such as quarterly or with the semi-annual status reports to be sufficient.

NR 716.14(4) (4) The responsible party shall take the actions necessary to ensure any new occupants are also informed of the pertinent information required under s. NR 716.14 (2) (c).

NR 716.14 History History: CR 12-023: cr. Register October No. 694, eff. 11-1-13.

NR 716.15 NR 716.15 Site investigation report.

NR 716.15(1) (1) Report requirement.

NR 716.15(1)(a) (a) Timeline. Unless otherwise approved by the department, responsible parties shall submit a site investigation report to the department within 60 days after completion of the field investigation and receipt of laboratory data.

NR 716.15(1)(b) (b) Number of copies. One paper copy and one electronic copy of the report shall be submitted to the department, unless otherwise directed by the department, in accordance with s. NR 700.11 (3g).

NR 716.15 Note Note: Electronic copies should be submitted in the Adobe Portable Document Format (PDF) on optical disk media. Guidance on electronic submittals can be accessed at http://dnr.wi.gov/files/PDF/pubs/rr/RR690.pdf.

NR 716.15 Note Note: The department strongly recommends the use of 2-sided copies for the paper copy of the report, and the use of accordion folders for larger reports instead of 3-ring binders, to help address file space issues.

NR 716.15(2) (2) Report contents. The site investigation report shall include all of the following information required under this subsection, and under subs. (3) to (6):

NR 716.15(2)(a) (a) Cover letter. A letter referencing the department’s identification number for the site or facility and stating the purpose of the submittal and the desired department action or response.

NR 716.15(2)(b) (b) Executive summary. A brief narrative describing the site investigation results, conclusions and recommendations for future actions, and the certification required under s. NR 712.09.

NR 716.15(2)(c) (c) General information.

NR 716.15(2)(c)1. 1. Project title and purpose.

NR 716.15(2)(c)2. 2. Name, address, e-mail address, and telephone number of the present property owner, lessee, operator, and any individual or company responsible for the contamination.

NR 716.15(2)(c)3. 3. Name, address, e-mail address, and telephone number of any consultants or contractors involved with the response action at the site or facility.

NR 716.15(2)(c)4. 4. Site or facility name, address, and location by quarter–quarter section, township, range, and county, along with the Wisconsin Transverse Mercator coordinates for the site. The location of the property and the contamination shall be given in sufficient detail to allow department personnel to inspect the property and the contaminated area.

NR 716.15 Note Note: The requirements for locating monitoring wells are contained in s. NR 141.065. Specifically regarding areal location, this section requires that the wells be shown on a plan map with a grid system that is located according to latitude and longitude, or according to a state plane coordinate system. The plan map must show the exact location of the installed well on a horizontal grid system which is accurate to within one foot.

NR 716.15(2)(c)5. 5. Location maps which meet the requirements of sub. (4).

NR 716.15(2)(c)6. 6. In addition to any other site layout maps, one site layout map which depicts the site’s property boundaries, named and unnamed roads or access points, surface water features, underground utilities, buildings, public and private wells, land uses on adjacent properties, and known and potential hazardous substance sources.

NR 716.15(2)(c)7. 7. The geographic positions of all properties within and partially within the contaminated site boundaries, which have been directly located or interpolated from other features on a base map of 1:24000 scale or finer, or which were obtained using differentially corrected global positioning system data or another method of similar or superior accuracy that have been approved by the department. The geographic position data shall be obtained and submitted to the department in accordance with the requirements in sub. (5) (d).

NR 716.15(2)(d) (d) Background information. Descriptions of the following:

NR 716.15(2)(d)1. 1. Activities or events at or near the site or facility which had the potential to affect public health, safety, or welfare or the environment, including time, duration, type, and amounts of hazardous substance discharges.

NR 716.15(2)(d)2. 2. Any previous discharges or response actions and the relevant dates.

NR 716.15(2)(d)3. 3. Response action activities to date, with references to any previous reports concerning response action activities on the site or facility.

NR 716.15(2)(d)4. 4. Any other information relevant to the response action.

NR 716.15(2)(e) (e) Methods of investigation. Descriptions of investigative techniques used to characterize the site or facility, including subsurface boring and probe methods; monitoring well construction, installation, and development procedures; well and aquifer testing methods; modeling techniques; sample collection, handling, and analysis techniques; and leak detection methods. Where procedures were performed in accordance with methods described in a work plan for the same investigation that was previously submitted to the department or in exact accordance with published departmental guidance, the site investigation report may omit detailed descriptions by referring to the work plan or the department guidance in which the methods were described. Where procedures differed from methods described in the work plan, the site investigation report shall include a description of the procedures used.

NR 716.15(3) (3) Results. The site investigation report shall include a detailed narrative description of the results of the site investigation, references to all appropriate visual aids under sub. (4), and shall include all of the following:

NR 716.15(3)(a) (a) The information collected during the scoping stage of the investigation conducted pursuant to s. NR 716.07.

NR 716.15(3)(b) (b) A description of the sequence of activities that took place during the site investigation.

NR 716.15(3)(c) (c) All field measurements, observations, and sampling data generated during the site investigation, including data from non–laboratory sample analyses. Laboratory data shall include laboratory name, location from which each sample was obtained, date each sample was obtained, date each sample was extracted and analyzed, analytical method used by the laboratory, parameters tested for, the method detection limit, the analytical result for each sample, and whether other compounds not specifically tested for were observed in significant quantities. Relevant and significant sample results and field measurements shall be compiled in tabular form and at corresponding sampling locations noted on a site layout map.

NR 716.15(3)(d) (d) Where laboratory results are significantly inconsistent with field observations or non–laboratory method results, a clear evaluation of the reason for the inconsistency and an indication of whether resampling or additional quality control procedures are needed.

NR 716.15(3)(e) (e) For sites or facilities with 3 or more water table observation wells, a discussion of the depth to the water table, groundwater flow directions, rates, and any variations.

NR 716.15(3)(f) (f) A discussion of the stratigraphy of the site. Identify soil and rock types at the site and the contaminant source location. Include a description of moisture contents, high and low water table elevations, and the location of any smear zone.

NR 716.15(3)(g) (g) A discussion of the contaminants and impacts on each environmental medium.

NR 716.15(3)(h) (h) Interpretations of the data generated at the site or facility sufficient to characterize the geologic and hydrogeologic characteristics of the site or facility, the areal and vertical degree and extent of hazardous substances in all environmental media, and the impacts of the contamination to all potential receptors.

NR 716.15(3)(i) (i) The hydraulic conductivity of materials where contaminated groundwater is found.

NR 716.15(4) (4) Visual aids. The site investigation report shall include all maps, figures, tables, graphs, photographs, and completed forms that are necessary to clarify and support results and interpretations. Visual aids shall present information in legible formats, shall be referenced in the report text, and shall meet all of the following requirements:

NR 716.15(4)(a) (a) General Requirements. Maps, plan sheets, drawings, cross sections and fence diagrams shall:

NR 716.15(4)(a)1. 1. Be of appropriate scale to show all required details with sufficient clarity.

NR 716.15(4)(a)2. 2. Have a figure number, title, north arrow, and legend of all symbols used, contain graphic horizontal and vertical scales, specify drafting or origination dates, and indicate the source if not an original design.

NR 716.15 Note Note: The source means the company or name of the original preparer of the visual aid.

NR 716.15(4)(a)3. 3. Use national geodetic survey data as the basis for all elevations.

NR 716.15(4)(a)4. 4. Use a distinguishing symbol, such as a dashed line or question mark, to depict inferred or questionable data.

NR 716.15(4)(b) (b) Water table and potentiometric surface maps. For water table maps and potentiometric surface maps, depict water level elevations measured on the same day, indicate the date of measurement on the map, and indicate apparent flow direction.

NR 716.15(4)(b)1. 1. For sites or facilities with 3 or more water table observation wells, include a map depicting the elevation of the water table and the apparent direction of groundwater flow, with additional water table maps as necessary to depict significant variations in water table elevation or groundwater flow direction.

NR 716.15(4)(b)2. 2. For potentiometric surface maps, additionally depict measurements taken from piezometers with similar screen lengths that intersect the same geologic zone and depth, and indicate any vertical gradients as well as the location and type of any confining layers. For sites with 3 or more piezometers, include a potentiometric surface map, with the apparent direction of groundwater flow, with additional potentiometric maps as necessary to depict significant variation in levels or flow direction.

NR 716.15(4)(c) (c) Isoconcentration maps. For isoconcentration maps, depict the hazardous substances, concentrations, the environmental medium, the date measured and the unit of measurement. Submit isoconcentration maps of hazardous substance concentrations in each environmental medium, as appropriate to the scope and complexity of the site and where sufficient data are available to estimate meaningful isoconcentrations. For groundwater, use the appropriate groundwater elevation map as the base map.

NR 716.15(4)(d) (d) Cross sections. For sites or facilities with 2 or more soil borings, include one or more geologic cross sections.

NR 716.15(4)(d)1. 1. Cross sections shall include a reduced inset diagram of the site layout map indicating the location of the cross section transect, and shall indicate the dates of measurements, stratigraphy, screened intervals of monitoring wells, and water table surface.

NR 716.15(4)(d)2. 2. Include the locations of any confining units; the contaminant source location, vertical and horizontal extent of contamination in both soil and groundwater, and highest and lowest water table and piezometric elevations and screen lengths, as applicable.

NR 716.15(4)(e) (e) Tables. Tables shall meet all of the following requirements:

NR 716.15(4)(e)1. 1. Include a table number, title and an explanation of any footnotes marked in the body of the table.

NR 716.15(4)(e)2. 2. Include units of measurement when displaying measured data. When an environmental standard exists for the contaminant, the unit of measurement shall be the same as that used by the department to express the environmental standard.

NR 716.15(4)(e)3. 3. Indicate measurement or sample collection date when displaying measured data or data derived from sampling.

NR 716.15(4)(e)4. 4. Indicate which results equal or exceed environmental standards when displaying analytical results of tests on environmental media for which standards exist.

NR 716.15(4)(e)5. 5. Indicate depth and soil type for soil sample summary tables.

NR 716.15(4)(e)6. 6. For groundwater elevation tables, indicate each well’s top and bottom screen elevation.

NR 716.15(4)(f) (f) Photographs. Photographs shall be in color, of sufficient size to clearly represent the purpose of the photograph, and shall be labeled by the date, orientation and topic.

NR 716.15(4)(g) (g) Well and borehole documentation. All forms shall be completed in accordance with the directions for the applicable form. All of the following department forms, shall be used, where applicable to the site or facility:

NR 716.15(4)(g)1. 1. 4400–89, groundwater monitoring well information.

NR 716.15(4)(g)2. 2. 4400–113A, monitoring well construction.

NR 716.15(4)(g)3. 3. 4400–113B, monitoring well development.

NR 716.15(4)(g)4. 4. 4400–122, soil boring log information.

NR 716.15(4)(g)5. 5. 3300–5B, well/drillhole/borehole abandonment.

NR 716.15 Note Note: Copies of these well and borehole documentation forms may be obtained from the following internet sites:
http://dnr.wi.gov/topic/Groundwater/documents/forms/4400_89.pdf,
http://dnr.wi.gov/topic/Groundwater/documents/forms/4400_113_1_2.pdf,
http://dnr.wi.gov/topic/Groundwater/documents/forms/4400_122.pdf, http://dnr.wi.gov/topic/DrinkingWater/documents/forms/3300005.pdf

NR 716.15(4)(h) (h) Well construction permits. Any department of transportation well construction permit for a well, constructed in a right-of-way, shall be submitted with the well construction form.

NR 716.15(5) (5) Deed and locational information. All of the following information shall be included in the site investigation report for each property within or partially within the contaminated site boundaries:

NR 716.15(5)(a) (a) A copy of the most recent deed, which includes the legal description.

NR 716.15(5)(b) (b) A copy of the certified survey map or the relevant portion of the recorded plat map for those properties where the legal description in the most recent deed refers to a certified survey map or a recorded plat map.

NR 716.15(5)(c) (c) The parcel identification numbers for each property.

NR 716.15(5)(d) (d) Geographic position. All geographic position data shall be obtained and submitted to the department in the site investigation report in accordance with the following requirements:

NR 716.15(5)(d)1. 1. ‘Format.’ For properties that are not more than 200 feet wide or long, a single point geographic position shall be obtained at least 40 feet within the boundaries of the property, or as close to the center of the property as possible if the property is less than 80 feet wide or long. For properties that are more than 200 feet wide or long, coordinates describing the approximate location of the property’s boundaries, forming a polygon, shall be obtained.

NR 716.15(5)(d)2. 2. ‘Coordinate system.’ Geographic position data shall be originally collected in Wisconsin Transverse Mercator ‘91 or projected onto Wisconsin Transverse Mercator ‘91.

NR 716.15 Note Note: Information about the Wisconsin Transverse Mercator ’91 projection is available on the internet at http://dnr.wi.gov/maps/gis/wtm8391.html.

NR 716.15(5)(d)3. 3. ‘Acceptable methods.’ Acceptable methods for obtaining geographic position data include direct location or interpolation from other features on a base map of 1:24000 scale or finer, differentially corrected global positioning system data, or other methods capable of similar or superior accuracy that have been approved by the department.

NR 716.15(5)(d)4. 4. ‘Required information.’ The following information is required for all properties: the name of the county where the property is located, the collection method used, and the scale or resolution of original source of geographic position for on–screen digitizing.

NR 716.15(6) (6) Conclusions and recommendations. The site investigation report shall include a summary of the results from the site investigation, and recommendations for further response actions necessary to protect public health, safety, and welfare and the environment, and to meet the requirements of chs. NR 700 to 726.

NR 716.15 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; r. and recr. (1), r. (2), renum. (3) to be (2), Register, April, 1995, No. 472, eff. 5-1-95; emerg. am. (1), cr. (2) (g) 9., eff. 5-18-00; r. and recr. (1), cr. (2) (g) 9., Register, January, 2001, No. 541, eff. 2-1-01; CR 00-111: renum. (2) (j) to be (2) (L) and cr. (2) (d) 7., (j), and (k), Register October 2001 No. 550, eff. 11-1-01; CR 12-023: r. and recr. Register October No. 694, eff. 11-1-13.

NR 716.17 NR 716.17 Additional requirements.

NR 716.17(1) (1) When warranted by the complexity of the site or facility or the severity of the actual or potential environmental or public health impacts which may be caused by the contamination, the department may impose additional site investigation requirements upon responsible parties beyond those specifically described in this chapter. The department shall communicate any additional investigation requirements to the responsible parties in writing and shall explain why the additional requirements are needed.

NR 716.17(2) (2) The department may require that treatability studies be conducted as part of the site investigation, where appropriate for the purpose of demonstrating that an interim action or remedial option will meet the remedy selection criteria in ch. NR 708 or 722.

NR 716.17(3) (3) When a site investigation conducted under this chapter indicates that an immediate, interim or remedial action is necessary, the responsible parties shall identify, evaluate and select an immediate or interim action in accordance with ch. NR 708 or a remedial action in accordance with ch. NR 722.

NR 716.17(4) (4) When a site investigation conducted under this chapter indicates that, based on the criteria in s. NR 726.05, no further action is necessary to protect public health, safety, or welfare or the environment, the responsible parties may request that the department close the case in accordance with ch. NR 726.

NR 716.17 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; am. (2) and (3), Register, April, 1995, No. 472, eff. 5-1-95; CR 12-023: am. (4) Register October No. 694, eff. 11-1-13.