NR 718.09(8)(d)4.4. If polynuclear aromatic hydrocarbons (PAHs) are detected in the waste characterization required under in par. (b) 1., responsible parties, or their agents or contractors, may landspread excavated contaminated soil only if they obtain a written approval of their operation plan from the department. The department shall notify the applicant, within 15 business days after receipt of the operation plan, if the plan is incomplete. The department shall approve of the operation plan if the plan satisfies the requirements of this paragraph and the levels of PAHs in the contaminated soils meet the criteria for residual contaminant levels specific to a site or facility under ch. NR 720. The department shall approve or disapprove of an application for an operation plan approval within 30 business days after receipt of a complete plan. NR 718.09(8)(e)1.1. ‘Sampling.’ The responsible party, their agent or contractor or the operator of a single–application landspreading facility shall submit to the department the results of a soil sampling program at the landspreading facility, to verify that all contaminants detected through the waste characterization under par. (b) 1. have been reduced to meet the residual contaminant levels specified in ch. NR 720. Samples shall be obtained from one location per every 100 yards of soil landspread. These sampling locations shall be evenly distributed over the landspreading facility. If less than 100 yards of soil is landspread, samples shall be collected from 2 sampling locations. At each sampling location 2 samples shall be obtained, one from the treatment zone and one obtained from 2 to 3 feet below the ground surface. NR 718.09(8)(e)2.a.a. If 20 or less samples are required under subd. 1., all samples shall be analyzed for all contaminants identified through the waste characterization under par. (b) 1. that exceeded the residual contaminant levels in ch. NR 720. NR 718.09(8)(e)2.b.b. If more than 20 samples are required under subd. 1., the responsible party or agent may use field screening to reduce the number of samples to be analyzed. If the samples are screened in the field to determine relative VOC concentration, only 50% of the samples required to be taken or 20 samples, whichever is greater, need to be analyzed. The samples that are sent for analysis shall be those that showed the greatest contamination during the field screening, except that at least 25% of the samples sent for analysis shall be those samples obtained from 2 to 3 feet below the ground surface. Samples shall be analyzed for all contaminants identified through the waste characterization under par. (b) that exceeded the residual contaminant levels in ch. NR 720. NR 718.09(8)(e)3.3. ‘Sampling frequency.’ Sampling shall be done within 18 months after landspreading commenced on the facility. If sampling results show that any contaminants still exceed the residual contaminant levels in ch. NR 720, additional sampling shall be done at least annually at all sample locations at which the levels were exceeded. The samples shall be analyzed for the contaminants which exceeded the residual contaminant levels in ch. NR 720 in the previous round of sampling. The department may waive the requirement to sample within the first year upon the request of the responsible party, their agent or contractor, or the operator of the landspreading facility, if it is apparent that the site does not yet meet residual contaminant levels as determined in accordance with the provisions of ch. NR 720 and the sampling will serve no useful purpose. 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 HistoryHistory: 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 718.12NR 718.12 Management of contaminated soil. 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 NoteNote: 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)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)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)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.