Register March 2011 No. 663
Chapter NR 718
MANAGEMENT OF CONTAMINATED SOIL OR SOLID WASTES EXCAVATED
DURING RESPONSE ACTIONS
NR 718.05 Storage of excavated contaminated soil. NR 718.07 Transportation of excavated contaminated soil. NR 718.09 Treatment of excavated contaminated soil. NR 718.12 Management of contaminated soil. NR 718.15 Management of other solid wastes. NR 718.17 Exemption for emergency immediate actions. NR 718.01NR 718.01 Purpose. This chapter establishes minimum standards for the storage, transportation, treatment and disposal of contaminated soil and certain other solid wastes excavated during response actions conducted in accordance with the requirements of chs. NR 700 to 754. Where responsible parties have chosen to comply with the requirements of this chapter, the responsible parties are exempt from the storage, transportation, treatment and disposal requirements in ch. 289, Stats., and chs. NR 500 to 538, except where solid waste program requirements are specifically referenced in this chapter. This chapter is adopted pursuant to ss. 287.03, 289.05, 289.06, 289.43 (8), 289.67, and 227.11 (2), Stats., and ch. 292, Stats. NR 718.01 NoteNote: This chapter exempts responsible parties who conduct specific types of response actions from obtaining site-specific approvals from the state’s solid waste program, when the response actions are conducted in accordance with this chapter. The exemptions that responsible parties may be eligible for under this chapter are from any one of the following solid waste program requirements:
NR 718.01 Note1. Licensing of on-site and off-site contaminated soil storage piles.
NR 718.01 Note2. Licensing of on-site and off-site contaminated soil treatment.
NR 718.01 Note3. Licensing of transportation in vehicles containing contaminated soil when the vehicles are owned by the responsible parties.
NR 718.01 Note4. Approval for disposal of contaminated soil and other solid wastes on the same property from which it was excavated.
NR 718.01 Note5. Approval for disposal of specified types of contaminated soil on property other than that from which it was excavated.
NR 718.01 HistoryHistory: Cr. Register, April, 1994, No. 460, eff. 5-1-94; am. Register, February, 1996, No. 482, eff. 3-1-96; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2001, No. 543; correction made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650; CR 12-023: am. Register October 2013 No. 694, eff. 11-1-13; correction made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694. NR 718.02(1)(1) This chapter applies to the storage, transportation, treatment and disposal of all the following: NR 718.02(1)(a)1.1. Is excavated as part of a response action conducted pursuant to chs. NR 700 to 754, at sites or facilities subject to regulation under s. 289.67, Stats., or ch. 292, Stats., or sites where remedial action is being taken by a person who is seeking the liability exemption under s. 292.15, Stats.; and NR 718.02 NoteNote: Guidance document RR-705 entitled: “Guidance for Hazardous Waste Remediation” provides detailed information on the requirements that apply and the options that are available when dealing with cleanup and redevelopment issues at sites that are or may be contaminated with hazardous waste. A copy of the document can be found at: http://dnr.wi.gov/files/PDF/pubs/rr/RR705.pdf. NR 718.02(1)(b)1.1. Contains materials other than contaminated soil and is excavated during a response action conducted pursuant to chs. NR 700 to 754, at sites or facilities subject to regulation under s. 289.67, Stats., or ch. 292, Stats., or sites where remedial action is being taken by a person who is seeking the liability exemption under s. 292.15, Stats.; NR 718.02(1)(b)3.3. Is replaced at the same site or facility from which it was excavated. NR 718.02(2)(2) This chapter does not apply to landspreading facilities regulated under ch. NR 518 (solid waste), NR 204 (wastewater), or ATCP 40 (fertilizer waste). NR 718.02 NoteNote: Responsible parties may also be subject to local requirements governing contaminated materials management.
NR 718.02 HistoryHistory: Cr. Register, April, 1994, No. 460, eff. 5-1-94; am. (1) (a) 1., (b) 1., Register, February, 1996, No. 482, eff. 3-1-96; corrections in (1) (a) 1. and (b) 1. made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2001, No. 543; corrections in (1) (a) 2. and (b) 2. made under s. 13.93 (2m) (b) 7., Stats., Register September 2007 No. 621; CR 12-023: am. (1) (a) 1., 2., (b) 1., 2. Register October 2013 No. 694, eff. 11-1-13. NR 718.03NR 718.03 Definitions. In this chapter: NR 718.03(1)(1) “Berm” means a ridge of clean, compacted cohesive soil or impervious material constructed to withstand and control the movement of liquids. NR 718.03(2)(2) “Bioremediation” means degradation of contaminants by microbes. NR 718.03(3)(3) “Boundaries of a landspreading facility” means the outer edges of the area on which contaminated soil has been spread at a landspreading facility. NR 718.03(4)(4) “Commercial treatment unit or facility” means a unit or facility that is operated for a profit by entities that are paid for providing the service. The term does not apply to a unit or facility operated by several responsible parties who pay a share of jointly incurred expenses, including consultant fees. NR 718.03 NoteNote: The use of leased vehicles or other equipment does not make a treatment unit commercial.
NR 718.03(5)(5) “Contaminated soil” means soil which contains one or more hazardous substances or environmental pollution and which is not a hazardous waste as defined in s. NR 660.10 (52) or 42 USC 6901 to 6991, as amended. NR 718.03 NoteNote: Section NR 116.03 (16) defines “floodplain” to mean “that land which has been or may be covered by floodwaters during the regional flood. The floodplain includes the floodway, floodfringe, shallow depth flooding, flood storage and coastal floodplain areas.” NR 718.03 NoteNote: Section NR 500.03 (121) defines “landspreading facility” to mean “a land disposal facility where solid waste is discharged, deposited, placed or injected in thin layers onto the land surface of the facility, or is incorporated into the top several feet of the surface soil, for agricultural, silvicultural or waste disposal purposes”. NR 718.03 NoteNote: Section NR 500.03 (123) defines “leachate” to mean “water or other liquid that has percolated through or contacted solid waste or gases generated by solid waste.” NR 718.03(9)(9) “Light petroleum products” means gasoline, diesel fuel, no. 1 or no. 2 fuel oil, kerosene, aviation gasoline, jet fuel, or a mixture of 2 or more of these materials. NR 718.03(10)(10) “Monitoring” means a systematic method of collecting and reporting chemical and other data from contaminated media. NR 718.03(11)(11) “Single-application landspreading” means landspreading where contaminated soil from only one remedial action site is all the contaminated soil that is ever applied onto an area of a property. NR 718.03(12)(12) “Storage” means placement of solid waste on a temporary basis in a manner that does not constitute disposal of solid waste. NR 718.03(13)(13) “Volatilization” means removal of contaminants from soil or other media by evaporation. NR 718.03 HistoryHistory: 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 718.05NR 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 NoteNote: 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)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)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)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)(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)3.3. The hazardous substances and environmental pollution present in the soil. 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:
