NR 718.09(5)(c)2.2. Storage shall be in an area constructed of an asphalt base and asphalt berms, or other materials approved by the department.
NR 718.09(5)(c)3.3. Up to 5,000 cubic yards of soil may be stored at one time.
NR 718.09(5)(c)4.4. Storage may take place for up to 9 months per year.
NR 718.09(5)(c)5.5. Plant operators shall take steps to control windblown dust, and to control the infiltration of precipitation, at contaminated soil storage areas.
NR 718.09(5)(d)(d) Responsible parties may not transport or hire another entity to transport excavated contaminated soil to a hot-mix asphalt plant for treatment other than incorporation into the asphalt mix unless the hot-mix asphalt plant has a current operating air permit under chs. NR 400 to 499, is in compliance with chs. NR 400 to 499 and has an approval for solid waste processing under ch. 289, Stats., and chs. NR 500 to 538. Hot-mix asphalt plants which do not incorporate contaminated soil into the asphalt mix and structural concrete plants which do not incorporate contaminated soil into concrete shall store excavated contaminated soil in compliance with ch. NR 502.
NR 718.09(5)(e)(e) Responsible parties may not transport or hire another entity to transport excavated contaminated soil to a structural concrete batch plant that does not have all required operating permits and approvals for incorporation of contaminated soils into the concrete mix.
NR 718.09 NoteNote: Placement of asphalt pavement which contains contaminated soil incorporated into asphalt at a hot-mix asphalt plant operated in compliance with the requirements of this chapter is not regulated as solid waste disposal.
NR 718.09(6)(6)Thermal treatment of excavated contaminated soil.
NR 718.09(6)(a)(a) Responsible parties may not transport or hire another entity to transport excavated contaminated soil to a thermal treatment unit or facility unless that thermal treatment unit or facility has all required operating permits or licenses, including a current operating air permit under chs. NR 400 to 499, is in compliance with chs. NR 400 to 499, and has a current license or other approval under s. NR 502.08. Operators of soil treatment units shall take steps satisfactory to the department to minimize noise and dust, such as wetting treated soils and the work area to control dust.
NR 718.09(6)(b)(b) Storage of excavated contaminated soil at thermal treatment units or facilities is exempt from the storage requirements in ch. 289, Stats., and chs. NR 500 to 538 if it is in compliance with the following:
NR 718.09(6)(b)1.1. Storage shall comply with the requirements of s. NR 718.05 (2) (a) to (c) and (e) to (g).
NR 718.09(6)(b)2.2. Up to 5,000 cubic yards of soil may be stored at one time.
NR 718.09(6)(b)3.3. Storage may take place for up to 9 months per year.
NR 718.09(6)(b)4.4. Operators of soil treatment units shall take steps satisfactory to the department to control the infiltration of precipitation at contaminated soil storage areas.
NR 718.09(7)(7)Bioremediation and treatment by volatilization of excavated contaminated soil. Except as provided in sub. (8), all of the following requirements apply to the treatment of excavated contaminated soil by bioremediation, volatilization or both:
NR 718.09(7)(a)(a) Responsible parties who treat excavated contaminated soil by bioremediation or volatilization, or both, shall maintain the excavated contaminated soil in compliance with the requirements of s. NR 718.05 (2) (c), (e), (f) and (g), unless other methods are approved by the department.
NR 718.09(7)(b)(b) All excavated contaminated soil shall be covered, as necessary, to prevent volatilization of soil contaminants in excess of limits in chs. NR 400 to 499. If a cover is required by chs. NR 400 to 499, the cover material and anchoring system shall meet the requirements of s. NR 718.05 (2) (d), unless other methods are approved by the department.
NR 718.09(7)(c)(c) All treatment of excavated contaminated soil by bioremediation or volatilization shall be designed, operated and maintained in accordance with the requirements of ch. NR 724.
NR 718.09(8)(8)Single-application landspreading of excavated contaminated soil.
NR 718.09(8)(a)(a) General. Responsible parties, or their agents or contractors, may conduct single-application landspreading of soil contaminated solely with light petroleum products or light petroleum products in combination with agricultural chemicals regulated by the department of agriculture, trade and consumer protection under s. 94.73, Stats., provided that the requirements of pars. (b), (c), (d) and (e) are met. Landspreading of contaminated soil which contains chemicals regulated by the department of agriculture, trade and consumer protection under s. 94.73, Stats., shall also be conducted in accordance with a plan that has received prior written approval from the department of agriculture, trade and consumer protection.
NR 718.09(8)(b)(b) Waste characterization.
NR 718.09(8)(b)1.1. Waste shall be characterized prior to submitting the operation plan under par. (d). Analytical results from a site investigation conducted under ch. NR 716 may be used to characterize the waste or to supplement the waste characterization. Samples shall be collected and analyzed in accordance with the following requirements:
NR 718.09(8)(b)1.a.a. For the first 600 cubic yards of contaminated soil to be landspread at each landspreading facility, one soil sample shall be collected for each 100 cubic yards of contaminated soil to be landspread. For volumes of contaminated soil that exceed 600 cubic yards, a minimum of one additional sample per 300 cubic yards shall be collected for analysis. At a minimum, 2 samples shall be collected from the soil to be landspread.
NR 718.09(8)(b)1.b.b. Samples shall be analyzed for all contaminants whose presence is suspected considering the site investigation scoping items listed under s. NR 716.07.
NR 718.09(8)(b)1.c.c. At a minimum, the testing listed in Table 1 shall be performed on the contaminated soil based on the contaminant type.
NR 718.09(8)(b)1.d.d. Soil samples shall be collected and analyzed in accordance with the provisions in s. NR 716.13 (11) and (12).
NR 718.09(8)(b)2.2. Soil to be landspread shall meet the following requirements:
NR 718.09(8)(b)2.a.a. Landspreading of soil containing polynuclear aromatic hydrocarbons (PAHs) shall be approved in writing by the department in accordance with the procedures in par. (d) 4.
NR 718.09(8)(b)2.b.b. The metal contaminant concentrations in the excavated contaminated soil to be landspread may not exceed the residual concentration levels established in accordance with ch. NR 720.