Chapter NR 718

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 History History: 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 718.12 NR 718.12 Management of contaminated soil.

NR 718.12(1) (1) General.

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 Note Note: 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)1. 1. Within a floodplain.

NR 718.12(1)(c)2. 2. Within 100 feet of any wetland or critical habitat area.

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)5. 5. Within 3 feet of the high groundwater level.

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)1. 1. Waste characteristics and quantities.

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)4. 4. Compliance with other state and federal regulations.

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 Note Note: 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)2. 2. The volume of contaminated soil to be managed.

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)(b)6. 6. The result of all analyses performed on the contaminated soil.

NR 718.12(2)(b)7. 7. A description of how the contaminated soil will be managed.

NR 718.12(2)(b)8. 8. Sufficient information to justify that the placement or replacement of contaminated soils will meet the requirements of s. NR 726.13 (1) (b) 1. to 5.

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 Note Note: 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 Note Note: Under s. 292.12 (3) (b), Stats., the department has authority to charge a fee for placement on a department database.

NR 718.12 Note Note: 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 History History: CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13.

NR 718.15 NR 718.15 Management of other solid wastes. If solid waste which contains waste other than contaminated soil is replaced at the site or facility from which it was excavated, as part of a response action conducted in compliance with all of the applicable requirements in chs. NR 700 to 754, and the department has granted prior written approval for the action, the replacement of that solid waste on the site or facility from which it was excavated is exempt from the requirements of ch. 289, Stats., and chs. NR 500 to 538.

NR 718.15 Note Note: Section NR 506.085 prohibits the following activities at solid waste disposal facilities which are no longer in operation unless specifically approved by the department in writing: 1) use of the waste disposal area for agricultural purposes, 2) establishment or construction of any buildings over the waste disposal area, and 3) excavation of the final cover or any waste materials. The department has developed detailed guidance to address the issue associated with building on historic fill sites and licensed landfills. This information can be found at: http://dnr.wi.gov/topic/Landfills/development.html.

NR 718.15 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; 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.

NR 718.17 NR 718.17 Exemption for emergency immediate actions. For a period of 72 hours after an emergency immediate response is initiated in accordance with the requirements of ch. NR 708, the storage and transportation of contaminated soil that was excavated as part of the emergency immediate action are exempt from the requirements of ss. NR 718.05 and 718.07, and are exempt from meeting the solid waste storage and transportation requirements in ch. 289, Stats., and chs. NR 500 to 538, provided that the department is immediately notified of the emergency immediate action being conducted in accordance with the requirements of ch. NR 708.

NR 718.17 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; correction made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650.