Chapter NR 724

NR 724.13(2)(c) (c) A contingency plan for any anticipated or potential operation and maintenance problems, including a description of techniques or activities to be conducted by the responsible parties to resolve operation and maintenance problems.

NR 724.13(2)(d) (d) A description of routine monitoring and analysis, including:

NR 724.13(2)(d)1. 1. Long-term monitoring required under s. NR 724.17;

NR 724.13(2)(d)2. 2. Laboratory or field tests, test methods and sampling methods; and

NR 724.13(2)(d)3. 3. A schedule of monitoring frequency and dates.

NR 724.13(2)(e) (e) A description of any site-specific or facility-specific record-keeping and reporting requirements to document operation and maintenance activities, including:

NR 724.13(2)(e)1. 1. Mechanisms for reporting system failures, discharges of hazardous substances, environmental pollution and other emergencies; and

NR 724.13(2)(e)2. 2. Reports to be submitted to the department, including the results of system and environmental monitoring and the results of the monitoring well inspections meeting the requirements of s. NR 716.13 (14).

NR 724.13(2)(f) (f) A location map that includes the locations and extent of features that need to be maintained, as well as the extent of contamination.

NR 724.13(2)(g) (g) Final construction specifications on any engineering control feature.

NR 724.13 Note Note: Engineering controls may include a cover, barrier, or vapor mitigation system.

NR 724.13(2)(h) (h) A list of prohibited activities.

NR 724.13(2)(i) (i) A contact for questions on specific actions and the inspection log.

NR 724.13(2)(j) (j) A statement of where more site-specific information may be found.

NR 724.13 Note Note: More site-specific information may be found in the department’s files.

NR 724.13(2)(k) (k) For vapor mitigation systems; a diagram and photographs showing piping, venting, fans and manometer locations, vent height and location, a description of how to verify that the vapor mitigation system is operating properly, identification of prohibited activities to ensure the continued effectiveness of the vapor mitigation system, and direction to notify the department before any action is taken which would disturb operation of the vapor mitigation system.

NR 724.13(2)(L) (L) Air emission reporting and permitting, as applicable.

NR 724.13(2)(m) (m) Monthly manometer checks.

NR 724.13(2)(n) (n) Annual inspection of system parts.

NR 724.13(3) (3) Progress reports. In addition to the general progress reporting requirements in s. NR 700.11, responsible parties shall submit semi-annual operation and maintenance progress reports to the department. Progress reports shall be sequentially numbered, starting with the first report which is due no later than 6 months after the remediation system begins operation. Information related to operation and maintenance shall be provided on a reporting form supplied by the department. The department may require progress reports be submitted at a different frequency than semi-annually.

NR 724.13 Note Note: Operation and maintenance progress reports should be submitted for both active and passive remediation systems. Progress reports required under this subsection are not the same as post-closure maintenance inspection logs for remedies such as performance standard covers.

NR 724.13 Note Note: Copies of remediation system operation and maintenance reporting forms may be obtained from any regional office of the department, or by writing to the Department of Natural Resources, Bureau for Remediation and Redevelopment, P.O. Box 7921, Madison, Wisconsin 53707, or at http://dnr.wi.gov/files/PDF/forms/4400/4400-194.pdf.

NR 724.13(4) (4) Operation and maintenance plan revisions. When warranted by changes in the design, operation or maintenance of the interim or remedial action, or when requested by the department, responsible parties shall revise the appropriate section of the operation and maintenance plan. Plan revisions shall be submitted to the department and shall:

NR 724.13(4)(a) (a) Include the information required in s. NR 724.05 (2) (e).

NR 724.13(4)(b) (b) Be numbered with a revision number.

NR 724.13(4)(c) (c) Document any changes in the time of anticipated case closure.

NR 724.13(4)(d) (d) Document any changes in the design, operation, maintenance or monitoring of the interim or remedial action.

NR 724.13 History History: Cr. Register, April, 1995, No. 472, eff. 5-1-95; am. (3) (a) 1., 2. and 3., renum. (3) (e) to be (3) (f) and cr. (3) (e), Register, October, 1996, No. 490, eff. 11-1-96; correction in (4) made under s. 13.93 (2m) (b) 1., Stats., Register, October, 1999, No. 526; CR 12-023: am. (1) (a), (b), cr. (1) (c), (d), am. (2) (intro.), (a), (e) 2., cr. (2) (f) to (n), renum. (3) (intro.) to (3) and am., r. (3) (a) to (d), r. (e), (f), am. (4) (title), (c) Register October 2013 No. 694, eff. 11-1-13; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register October 2013.

NR 724.15 NR 724.15 Documentation of construction and completion.

NR 724.15(1) (1) Unless otherwise directed by the department, responsible parties shall submit to the department a construction documentation or as-built report within 60 days after the date that construction of a remedial action or any interim action specified in s. NR 724.02 (1) is completed or determined to be essentially complete by the department.

NR 724.15(2) (2) The report shall document that the completed final remedial or interim action meets or exceeds all design criteria and the plans and specifications developed in accordance with all of the requirements of this chapter.

NR 724.15(3) (3) Unless otherwise directed by the department, the construction documentation report shall include all of the following information:

NR 724.15(3)(a) (a) The information specified under s. NR 724.05 (2) (e).

NR 724.15(3)(b) (b) As-built maps, plan sheets, drawings, isometric drawings and cross sections.

NR 724.15(3)(c) (c) A synopsis of the remedial or interim action and a certification that the design and construction was carried out in accordance with the plans and specifications.

NR 724.15(3)(d) (d) An explanation of any minor changes to the plans and why these were necessary for the project.

NR 724.15(3)(e) (e) Results of all pilot and field tests or studies and site monitoring conducted during construction.

NR 724.15(3)(f) (f) A brief description of the public health and environmental laws applicable to the contamination and the interim or remedial action selected, including the physical location where the environmental laws shall be complied with for all media of concern.

NR 724.15(3)(g) (g) The information required in ch. NR 516 for documenting the construction at the site or facility of any final covers, liners, leachate collection systems and gas collection, extraction and management systems.

NR 724.15(3)(h) (h) A revised operations and maintenance plan in accordance with s. NR 724.13 (4), unless the cover letter indicates that there are no revisions to the operations and maintenance plan.

NR 724.15 History History: Cr. Register, April, 1995, No. 472, eff. 5-1-95.

NR 724.17 NR 724.17 Long-term monitoring.

NR 724.17(1) (1) General. Responsible parties shall conduct all necessary and appropriate long-term monitoring at a site or facility in accordance with all of the requirements of this section and any other applicable public health and environmental laws.

NR 724.17(2) (2) Long-term monitoring plan. Unless otherwise directed by the department, the responsible parties shall submit a long-term monitoring plan to the department that specifies:

NR 724.17(2)(a) (a) The parameters to be monitored;

NR 724.17(2)(b) (b) The sampling and analytical methods to be used, consistent with the sampling and analysis requirements in s. NR 716.13;

NR 724.17(2)(c) (c) The interval at which monitoring is to be performed; and

NR 724.17(2)(d) (d) The public health and environmental laws, including standards, to be complied with.

NR 724.17(3m) (3m) Long–term monitoring results. Unless otherwise directed by the department, responsible parties shall submit a monitoring results report to the department after any sampling. Responsible parties shall submit the monitoring results report, including results from private and public wells, within 10 business days of receiving the sample results. Monitoring results shall be submitted in accordance with s. NR 716.14. The report shall include all of the following information:

NR 724.17(3m)(a) (a) The information specified under s. NR 724.05 (2) (e).

NR 724.17(3m)(b) (b) Sampling results.

NR 724.17(3m)(c) (c) Monitoring results in tabular and graph form, including the current monitoring results and all previous results, so as to provide a concise summary of the monitoring program.

NR 724.17 Note Note: Long term monitoring for groundwater includes groundwater table elevation data. This data is used for the system effectiveness reporting required by s. NR 724.13 as well as for the assessment used to determine what attenuation processes are occurring at the site.

NR 724.17 Note Note: Section NR 716.14 requires the submittal of specific monitoring result information in a letter or on a form provided by the department.

NR 724.17(3m)(d) (d) Laboratory analytical reports and sample chain–of–custody forms, unless otherwise directed by the department.

NR 724.17(3m)(e) (e) Identification of any specific environmental standards that have been attained or exceeded and an indication on a site or facility map of the location where the standards have been attained or exceeded.

NR 724.17(3m)(f) (f) A preliminary analysis of the cause and significance of any concentrations that attain or exceed specific environmental standards and any increases in concentrations of substances that previously attained or exceeded specific environmental standards, including the factors specified in s. NR 140.24 (1) (c) 1. to 10. for groundwater.

NR 724.17 Note Note: Section 292.11, Stats., and ch. NR 706 require that the department be notified immediately of any hazardous substance discharge.

NR 724.17(4) (4) Department review.

NR 724.17(4)(a) (a) The department shall review and respond to the results [of monitoring] data, if requested to do so by the responsible parties, to evaluate the effectiveness of the remedial action in achieving the environmental and public health laws.

NR 724.17 Note Note: The language in brackets was inadvertently omitted from CR 12-023.

NR 724.17 Note Note: In accordance with ch. NR 749, the appropriate review fee must accompany any request for the department to evaluate environmental data.

NR 724.17(4)(b) (b) The department may review long-term monitoring results at other times at its discretion.

NR 724.17(4)(c) (c) The department may require additional remedial action, pursuant to ch. 292, Stats., based on the evaluation of monitoring results.

NR 724.17 History History: Cr. Register, April, 1995, No. 472, eff. 5-1-95; cr. (3) (a) 3. (note), Register, October, 1996, No. 490, eff. 11-1-96; CR 12-023: r. (3), cr. (3m), am. (4) (a), (c) Register October 2013 No. 694, eff. 11-1-13.

NR 724.19 NR 724.19 Application of new environmental standards.

NR 724.19(1) (1) If, after a remedial action selected in accordance with the requirements of ch. NR 722 is implemented, any applicable environmental standards are modified by the department to be more stringent, or if additional environmental standards are promulgated, the department shall require responsible parties to comply with the new or modified environmental standards if the department determines that, for a specific site or facility, compliance with the more stringent standards is necessary to ensure that the interim action or remedial action will be protective of public health, safety, or welfare or the environment.

NR 724.19(2) (2) If, after a remedial action selected in accordance with ch. NR 722 is implemented, any applicable environmental standards are modified by the department to be less stringent, the department shall approve of case closure if requested by responsible parties once the new, less stringent standards are achieved, if the department determines that the new, less stringent standards will be protective of public health, safety, or welfare or the environment at a specific site or facility that is the subject of a case closure request under ch. NR 726.

NR 724.19 History History: Cr. Register, April, 1995, No. 472, eff. 5-1-95; CR 12-023: am. (title), (1), (2) Register October 2013 No. 694, eff. 11-1-13.