NR 720.05 NoteNote: 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)(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 NoteNote: 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 NoteNote: 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 NoteNote: 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 HistoryHistory: 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 720.07NR 720.07 General requirements when establishing soil cleanup standards applicable to a site or facility.

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.

NR 720.07 NoteNote: For a single contaminant, a numeric land use specific residual contaminant level is determined based on aggregate exposure through incidental ingestion of soil, inhalation of soil vapors and particulates, and dermal contact with soil. When more than one contaminant is present, the residual contaminant level is determined based on cumulative exposure and may have to be adjusted downward so that the cumulative risk does not exceed an excess cancer risk of 1-in-100,000 or a hazard index of 1 for non-carcinogens.

NR 720.07(1)(c)(c) In addition to meeting the requirements of par. (b), a soil cleanup standard developed under this chapter shall comply with all the following requirements:

NR 720.07(1)(c)2.2. Residual soil contamination at the site or facility may not adversely affect a sensitive environment.

NR 720.07(1)(c)3.3. Residual soil contamination at the site or facility may not concentrate through plant uptake and adversely affect the food chain.

NR 720.07(1)(c)4.4. Residual soil contamination at the site or facility may not result in vapor concentrations reaching a substance’s lower explosive limit.

NR 720.07(2)(a)(a) Contaminant concentrations in soil samples shall be determined using a department-approved and appropriate analytical method and reported on a dry weight basis. An appropriate analytical method shall have limits of detection or limits of quantitation, or both, at or below soil cleanup standards where possible. Responsible parties shall report the limit of detection and the limit of quantitation with sample results. The department may require that supporting documentation for the reported limit of detection and limit of quantitation be submitted

NR 720.07(2)(b)(b) Unless an alternative approach for determining standards exceedances is approved by the department, if a soil contaminant concentration in a sample exceeds the soil cleanup standard at or above the limit of quantitation for that soil contaminant, the soil cleanup standard shall be considered to have been exceeded.

NR 720.07 NoteNote: When evaluating the direct contact pathways, it may be possible to average measured soil sample concentrations to determine whether the calculated residual contaminant level has been exceeded or not. If averaging of soil concentrations is being considered, the department recommends seeking department approval of the proposed sampling plan and analysis methodology as soon as possible, but prior to submitting a case closure request in order to avoid delays and other potential problems.

NR 720.07 NoteNote: Averaging soil concentrations is not appropriate as the sole method for addressing sites with areas of significant soil contamination.