NR 718.05(2)(h) (h) Notification that soil is being transported to another property. Responsible parties shall notify the department in writing if excavated contaminated soil is transported for storage to a property other than that from which it was excavated. Notification shall be made within 3 days after the first day that contaminated soil is transported to another property and shall include all of the following:

NR 718.05(2)(h)1. 1. The name, address and telephone number of the person who owns the site or facility from which the soil originated.

NR 718.05(2)(h)2. 2. The volume of soil being transported.

NR 718.05(2)(h)3. 3. The hazardous substances and environmental pollution present in the soil.

NR 718.05(2)(h)4. 4. The containment measures utilized to attain compliance with pars. (c), (d) and (e).

NR 718.05(2)(h)5. 5. 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 property from which the soil was excavated.

NR 718.05(2)(h)6. 6. The name, address and telephone number of the person who owns the property where the soil is stored.

NR 718.05(2)(h)7. 7. 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 property where the soil is stored.

NR 718.05(2)(i) (i) Notification of storage for 90 days or more. Responsible parties shall notify the department in writing if contaminated soil is stored for 90 days or more either on-site or off-site, within 3 business days after the ninetieth day. Notification shall include all of the following:

NR 718.05(2)(i)1. 1. The name, address and telephone number of responsible parties.

NR 718.05(2)(i)2. 2. The volume of soil being stored.

NR 718.05(2)(i)3. 3. The hazardous substances or environmental pollution present in the soil.

NR 718.05(2)(i)4. 4. The containment measures utilized to attain compliance with pars. (c), (d) and (e).

NR 718.05(2)(i)5. 5. 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 property where the soil is stored.

NR 718.05(2)(i)6. 6. A brief proposal for treatment and final placement of the soil.

NR 718.05(3) (3) Requirements for temporary stockpiles. Sites or facilities where responsible parties temporarily store up to 2,500 cubic yards of excavated contaminated soil for 15 days or less, for the purpose of loading the soil into transfer vehicles or treatment units, are exempt from regulation under ch. 289, Stats., and chs. NR 500 to 538 and are not subject to the general storage requirements in sub. (2) if the soil is stored in accordance with all of the following requirements:

NR 718.05(3)(a) (a) The entire soil pile shall be located within 500 feet of the excavation from which the contaminated soil was removed, or within 1,000 feet of the excavation from which the contaminated soil was removed if the soil is stored on the same property from which it was excavated.

NR 718.05(3)(b) (b) The same contaminated soil shall not be stored for more than 15 days.

NR 718.05(3)(c) (c) All contaminated soil shall be placed on base material impervious to contaminants in the soil and to water, such as concrete, asphalt, plastic sheeting or impervious construction fabrics.

NR 718.05(3)(d) (d) Surface water contact with the contaminated soil shall be prevented, including the construction of berms if necessary, to control surface water movement.

NR 718.05(3)(e) (e) The contaminated soil shall be covered when it is not being moved, with a cover material sufficient to prevent infiltration of precipitation and to inhibit volatilization of soil contaminants.

NR 718.05(4) (4) Requirements for containerized storage. Sites or facilities where responsible parties store up to 2,500 cubic yards of excavated contaminated soil for 6 months or less in containers or in buildings are exempt from regulation under ch. 289, Stats., and chs. NR 500 to 538, and are not subject to the general storage requirements in sub. (2), if the contaminated soil is stored in accordance with all of the following requirements:

NR 718.05(4)(a) (a) Containers and buildings shall be designed, constructed and maintained to prevent leakage, infiltration of precipitation and volatilization of soil contaminants to the ambient atmosphere.

NR 718.05(4)(b) (b) Containers shall be labeled and buildings shall have a sign posted in accordance with the requirements of s. NR 714.07 (4).

NR 718.05(4)(c) (c) Contaminated soil may not be stored in containers or buildings for more than 6 months, without the prior written approval of the department.

NR 718.05 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; corrections in (1), (2) (e), (3) (intro.) and (4) (intro.) made under s. 13.92 (4) (b) 7, Stats., Register February 2010 No. 650; CR 12-023: am. (2) (f), (h) 5., 7., (i) 5., (4) (b) Register October 2013 No. 694, eff. 11-1-13.

NR 718.07 NR 718.07 Transportation of excavated contaminated soil.

NR 718.07(1) (1) Except where sub. (2) is applicable, a solid waste collection and transportation service operating license is required under s. NR 502.06 whenever excavated contaminated soils are transported.

NR 718.07(2) (2) Responsible parties may transport excavated contaminated soil in vehicles that they own without a solid waste collection and transportation service operating license regardless of the number and size of loads, if the excavated contaminated soil is hauled to a site or facility in compliance with the requirements of this chapter or to a licensed solid waste storage, treatment or disposal facility. Responsible parties shall cover contaminated soil, as necessary, to prevent the loss of any material during transport.