NR 720.05(2) (2) Residual contaminant levels or performance standards. Remedial actions conducted by responsible parties to address soil contamination shall be designed and implemented to restore the contaminated soil to levels that, at a minimum, meet the residual contaminant levels or performance standards for the site or facility determined in accordance with this chapter.

NR 720.05(3) (3) No further action. If all soil contaminant concentrations meet applicable residual contaminant levels or performance standards after a remedial action is completed, the department may not require further remedial action for soils, unless the department determines that the residual soil contamination:

NR 720.05(3)(a) (a) Presents a threat to public health, safety, or welfare or the environment at the site or facility;

NR 720.05(3)(b) (b) Will cause a violation of a groundwater quality standard contained in ch. NR 140;

NR 720.05(3)(c) (c) Will cause a violation of a surface water quality standard contained in chs. NR 102 to 106; or

NR 720.05(3)(d) (d) Will cause a violation of an air quality standard contained in chs. NR 400 to 499.

NR 720.05(4) (4) Submittals.

NR 720.05(4)(a) (a) Unless otherwise directed by the department, submittals under this chapter shall be included in the site investigation report or the draft remedial action options report required under s. NR 700.11 (1).

NR 720.05(4)(b) (b) Submittals to the department under this chapter shall include all of the following:

NR 720.05(4)(b)1. 1. Complete background information and supporting documentation for the procedure to be used.

NR 720.05(4)(b)2. 2. Documentation that the application of the procedure is valid for the site or facility under consideration.

NR 720.05(4)(b)3. 3. Necessary data and documentation needed to fully evaluate the submittal.

NR 720.05(4)(b)4. 4. Legible copies of source documents or pertinent portions of source documents.

NR 720.05 Note Note: In order to facilitate department review of submittals, legible copies of entire source documents or the pertinent portions of source documents sufficient to evaluate the method or procedure used should be included with the submittal.

NR 720.05(5) (5) Land use classification.

NR 720.05(5)(a) (a) Responsible parties shall identify the current land use and zoning for the site or facility by the time the remedial action is selected, unless otherwise directed by the department.

NR 720.05(5)(b) (b) Responsible parties shall classify the land use of a site or facility as industrial if all of the following criteria are met:

NR 720.05(5)(b)1. 1. The site or facility is currently zoned for, or otherwise officially designated for, industrial use.

NR 720.05 Note Note: Typically, a site or facility is officially designated for industrial use by the issuance of a conditional use or special exception permit that allows an industrial use of that site or facility in a non-industrial zoning district or by the designation of an area as industrial in a county development plan or a municipal master plan, among other means.

NR 720.05(5)(b)2. 2. More stringent non-industrial residual contaminant levels for soil are not necessary to protect public health on or off the site or facility.

NR 720.05 Note Note: Situations where a non-industrial classification would apply include site or facilities which could otherwise be classified as industrial, but where proximity to a non-industrial land use, such as residential housing located across the street, makes a non-industrial classification more appropriate.

NR 720.05(5)(c) (c) An industrial land use classification may be applied to restricted access areas unless more stringent residual contaminant levels are necessary to protect public health on or off the site.

NR 720.05 Note Note: Under ch. NR 726, a continuing obligation will be imposed as part of the case closure letter if residual contaminant levels are based on industrial exposure or if a soil performance standard is used.

NR 720.05 History History: Cr. Register, March, 1995, No. 471, eff. 4-1-95; corrections in (1) (c) made under s. 13.93 (2m) (b) 7., Stats., Register September 2007 No. 621; CR 12-023: cr. (1) (title), am. (1) (b), (c), cr. (2) (title), am. (2), cr. (3) (title), am. (3) (intro.), cr. (4), (5) Register October 2013 No. 694, eff. 11-1-13.

NR 720.07 NR 720.07 General requirements when establishing soil cleanup standards applicable to a site or facility.

NR 720.07(1) (1) General.

NR 720.07(1)(a) (a) Responsible parties shall use information from the sources listed in s. NR 720.05 (1) to determine the residual contaminant levels or performance standards for each exposure or migration pathway of concern for each soil contaminant of concern at a site or facility in accordance with this chapter.

NR 720.07(1)(b) (b) In addition to meeting the requirements of par. (c), responsible parties shall establish the soil cleanup standard for each soil contaminant of concern at the site or facility as one of the following:

NR 720.07(1)(b)1. 1. The residual contaminant level of each contaminant in soil which is the lowest concentration from among the following as applicable: the ceiling limit concentration, the soil saturation concentration if the contaminant is a volatile, a land use specific direct contact level, a groundwater quality protective level, a concentration calculated for a pathway of concern set forth in s. NR 720.13 all of which are determined in accordance with the requirements of this chapter.