NR 716.11 NoteNote: The intent of this paragraph is to address situations where a discrete area indicates a release of a hazardous substance. It is not intended for situations where there is no discrete source area, such as when there is area-wide contamination from aerial deposition, or widespread areas of fill such as foundry ash.
NR 716.11(4)(4) Responsible parties shall extend the field investigation beyond the property boundaries of the source area as necessary to fully define the extent of the contamination. If the responsible parties are unable to complete the required investigation beyond the source property because a property owner refuses access, the responsible parties shall notify the department within 30 days of the refusal, and shall document in writing the efforts undertaken to gain access when requested by the department. NR 716.11(5)(5) The field investigation shall include an evaluation of all of the following items: NR 716.11(5)(a)(a) Potential pathways for migration of the contamination, including drainage improvements, utility corridors, bedrock and permeable material or soil along which vapors, free product or contaminated water may flow. NR 716.11(5)(c)(c) The known or potential impacts of the contamination on any of the resources listed in s. NR 716.07 (8) that were identified during the scoping process as having the potential to be affected by the contamination. NR 716.11(5)(d)(d) Surface and subsurface rock, soil and sediment characteristics, including physical, geochemical and biological properties that are likely to influence the type and rate of contaminant movement, or that are likely to affect the choice of a remedial action. NR 716.11(5)(e)(e) The extent of contamination in the source area, in soil and saturated materials, and in groundwater. NR 716.11 NoteNote: The intent of this requirement is to collect samples in the general area where the contaminant was released, where the concentrations are generally expected to be the greatest, and to determine the presence of non-aqueous phase liquids, including samples from the smear zone. For further information on the smear zone, copies of the department’s guidance ”Smear Zone Contamination” may be obtained by accessing the following web site: http://dnr.wi.gov/files/PDF/pubs/rr/RR712.pdf or 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. This requirement is not intended to address sampling of landfill waste materials. In cases where clean soils exist between shallower contaminated soil, and groundwater, groundwater still needs to be assessed. NR 716.11(5)(f)(f) The extent, both vertically and horizontally, of groundwater contamination. Piezometers shall be used to determine the vertical extent of contamination, as appropriate to the situation. NR 716.11 NoteNote: The use of piezometers may not be appropriate for all situations, including at the source area, or where a documented upward gradient exists downgradient of a source area.
NR 716.11(5)(g)(g) The presence and concentration of vapors sub-slab, when investigation of soil, soil gas or groundwater indicates that vapors may migrate to the foundation of an occupied building, taking into account the biodegradability of vapors, preferential pathways of vapor movement, or other physical or chemical factors affecting vapor movement into occupied buildings. NR 716.11(5)(h)(h) The presence and concentration of vapors in indoor air, when it is necessary to determine the impact on an occupied structure considering applicable attenuation factors, land use, building size and other site-specific factors that affect exposure to vapor. NR 716.11 NoteNote: Indoor air samples are expected to be collected and analyzed in most cases where vapor migration into an occupied residential setting is likely. A residential setting may include single or multiple family housing, and educational, childcare, and elder care facilities. Sampling and analysis is conducted to determine levels of the contaminants of concern. Indoor air sampling is not recommended in locations where the contaminant of concern is currently used in commercial or industrial operations.
NR 716.11(6)(6) Responsible parties shall manage investigative wastes in a manner that will not pose a threat to public health, safety, or welfare or the environment, and which is consistent with state and federal regulations. NR 716.11(7)(7) Responsible parties shall label all drums containing investigative wastes, including drill cuttings and purge water, with the Bureau for Remediation and Redevelopment Tracking System activity number for the site, the site name, boring or well number, initial date of collection, and the contents. NR 716.11 HistoryHistory: Cr. Register, April, 1994, No. 460, eff. 5-1-94; am. (3) (b), Register, April, 1995, No. 472, eff. 5-1-95; emerg. cr. (3) (c), am. (5) (a), eff. 5-18-00; cr. (3) (c), am. (5) (a), Register, January, 2001, No. 541, eff. 2-1-01; CR 12-023: cr. (2g), (2r), am. (3) (c), cr. (3) (d), (5) (e) to (h), (7) Register October No. 694, eff. 11-1-13. NR 716.13NR 716.13 Sampling and analysis requirements. NR 716.13(1)(1) Responsible parties shall use laboratory analyses of environmental media samples which are collected, handled and analyzed in compliance with subs. (2) to (17) to confirm the nature and extent and evaluate the impacts of contamination, if a field investigation is required under s. NR 716.11 (1). Analytical methods used shall be suitable for the matrix, type of analyte, expected level of analyte, regulatory limit, and potential interferences in the samples to be tested. NR 716.13(2)(2) All chemical and physical analyses for which accreditation is available under ch. NR 149 shall be conducted by a laboratory accredited under ch. NR 149. NR 716.13(3)(3) Responsible parties may use non–laboratory methods of sample analysis, including field screening with a photoionization detector or flame ionization detector, analysis with a field gas chromatograph, geophysical or downhole probe surveying, non–certified mobile laboratory analysis, immunoassays and other appropriate methods, to supplement the information derived from laboratory analysis of samples. If non–laboratory methods are used at a location from which a laboratory sample is collected, responsible parties shall use separate samples for the non–laboratory and the laboratory analyses, unless the target compound is not subject to loss or alteration through sample handling. NR 716.13(4)(4) All soil samples obtained during the field investigation for the purpose of defining the degree and extent of the contamination shall be discrete, not composite, samples, unless the department explicitly approves in advance composite sampling for a specific site situation. NR 716.13(5)(5) Maximum holding times for soils shall be in accordance with the sampling method, sample storage container, and analytical methods used. NR 716.13(6)(6) Responsible parties shall provide for the following quality control and quality assurance procedures, at a minimum, when collecting samples for laboratory analysis for a field investigation conducted under this chapter: NR 716.13(6)(a)(a) Chain of custody shall be documented from the time of sample collection to the receipt of the sample by the analytical laboratory. Chain of custody documentation shall be in compliance with ch. NR 149, and shall be submitted to the department with the sample results. NR 716.13(6)(b)(b) For soil samples, one temperature blank for every shipping container of samples that require cooling for preservation, unless samples are received by the laboratory on ice, unless another temperature is required by the analytical method used.