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 NoteNote: 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.