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 HistoryHistory: 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 718.07NR 718.07Transportation 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.
NR 718.07 HistoryHistory: Cr. Register, April, 1994, No. 460, eff. 5-1-94.
NR 718.09NR 718.09Treatment of excavated contaminated soil.
NR 718.09(1)(1)General. If excavated contaminated soil is treated at a non-commercial treatment unit or facility and the treatment unit or facility is operated by the responsible parties in compliance with the requirements of this chapter, that site or facility is exempt from solid waste program requirements for the treatment of the contaminated soil in ch. 289, Stats., and chs. NR 500 to 538, except where solid waste program requirements are specifically referenced in this section. If contaminated soil is incorporated into hot-mix asphalt in accordance with sub. (5), the asphalt plant is exempt from solid waste program requirements for treatment of contaminated soil found in ch. 289, Stats., and chs. NR 500 to 538, except where solid waste program requirements are specifically referenced in this section. If excavated soil contaminated solely with light petroleum products or light petroleum products in combination with agricultural chemicals regulated by the department of agriculture trade and consumer protection under s. 94.73, Stats., is treated by the responsible parties at a single-application landspreading facility in compliance with sub. (8), that landspreading facility is exempt from solid waste program requirements for the treatment of the contaminated soil in ch. 289, Stats., and chs. NR 500 to 538, except where solid waste program requirements are specifically referenced in this section. Commercial treatment units or facilities, hot-mix asphalt plants where contaminated soil is treated by means other than incorporation into the asphalt mix, and thermal treatment units or facilities are required to be licensed under ch. 289, Stats., and chs. NR 500 to 538, and are not exempt under this section.
NR 718.09 NoteNote: Treatment of contaminated soil that has not been excavated is not regulated as solid waste treatment under ch. 289, Stats., and chs. NR 500 to 538. Design, operation and maintenance requirements for the treatment of unexcavated contaminated soil are established in ch. NR 724.
NR 718.09(2)(2)Location standards.
NR 718.09(2)(a)(a) Unless approved under chs. NR 400 to 499, chs. NR 500 to 538 where applicable, or par. (b), responsible parties may not treat excavated contaminated soil in any of the following locations:
NR 718.09(2)(a)1.1. Within a floodplain.
NR 718.09(2)(a)2.2. Within 100 feet of any wetland or critical habitat area.
NR 718.09(2)(a)3.3. Within 300 feet of any navigable river, stream, lake, pond or flowage.
NR 718.09(2)(a)4.4. Within 100 feet of any on-site water supply well or 300 feet of any off-site water supply well.
NR 718.09(2)(b)(b) Responsible parties may treat contaminated soil in a location listed in par. (a) if the department has granted a written exemption from that location standard, after considering all of the following:
NR 718.09(2)(b)1.1. Waste characteristics and quantities.
NR 718.09(2)(b)2.2. The geology and hydrogeology of the area, including information from well logs and well construction records for nearby wells.
NR 718.09(2)(b)3.3. The unavailability of other environmentally suitable alternatives.
NR 718.09(2)(b)4.4. Compliance with other state and federal regulations.
NR 718.09(2)(b)5.5. The threat to public health, safety, or welfare or the environment.
NR 718.09(3)(3)Non-commercial treatment of soil from more than one site. Non-commercial treatment units or facilities operated by responsible parties, where less than 2,500 cubic yards of excavated contaminated soil from 5 or fewer contamination sites are treated, are exempt from solid waste program requirements for the treatment of contaminated soil in ch. 289, Stats., and chs. NR 500 to 538, if the treatment is conducted in compliance with the requirements of this section. Excavated contaminated soil from more than 5 properties may not be treated at the same site or facility unless the treatment site or facility is a licensed solid waste treatment facility. Responsible parties may not mix excavated contaminated soil from one property with soil from another property unless the same party owns all of the mixed soil or an approval has been granted under ch. NR 502. Contaminated soil which is stored prior to treatment shall be stored in compliance with the provisions of s. NR 718.05.