Ch. NR 718 Note Note: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, December, 1998, No. 516.

NR 718.01 NR 718.01 Purpose. This chapter establishes minimum standards for the storage, transportation, treatment and disposal of contaminated soil and certain other solid wastes excavated during response actions conducted in accordance with the requirements of chs. NR 700 to 754. Where responsible parties have chosen to comply with the requirements of this chapter, the responsible parties are exempt from the storage, transportation, treatment and disposal requirements in ch. 289, Stats., and chs. NR 500 to 538, except where solid waste program requirements are specifically referenced in this chapter. This chapter is adopted pursuant to ss. 287.03, 289.05, 289.06, 289.43 (8), 289.67, and 227.11 (2), Stats., and ch. 292, Stats.

NR 718.01 Note Note: This chapter exempts responsible parties who conduct specific types of response actions from obtaining site-specific approvals from the state’s solid waste program, when the response actions are conducted in accordance with this chapter. The exemptions that responsible parties may be eligible for under this chapter are from any one of the following solid waste program requirements:

NR 718.01 Note 1. Licensing of on-site and off-site contaminated soil storage piles.

NR 718.01 Note 2. Licensing of on-site and off-site contaminated soil treatment.

NR 718.01 Note 3. Licensing of transportation in vehicles containing contaminated soil when the vehicles are owned by the responsible parties.

NR 718.01 Note 4. Approval for disposal of contaminated soil and other solid wastes on the same property from which it was excavated.

NR 718.01 Note 5. Approval for disposal of specified types of contaminated soil on property other than that from which it was excavated.

NR 718.01 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; am. Register, February, 1996, No. 482, eff. 3-1-96; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2001, No. 543; correction made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650; CR 12-023: am. Register October 2013 No. 694, eff. 11-1-13; correction made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.

NR 718.02 NR 718.02 Applicability.

NR 718.02(1) (1) This chapter applies to the storage, transportation, treatment and disposal of all the following:

NR 718.02(1)(a) (a) Contaminated soil which:

NR 718.02(1)(a)1. 1. Is excavated as part of a response action conducted pursuant to chs. NR 700 to 754, at sites or facilities subject to regulation under s. 289.67, Stats., or ch. 292, Stats., or sites where remedial action is being taken by a person who is seeking the liability exemption under s. 292.15, Stats.; and

NR 718.02(1)(a)2. 2. Is not a hazardous waste as defined in s. NR 660.10 (52) or 42 USC 6901 to 6991, as amended.

NR 718.02 Note Note: Guidance document RR-705 entitled: “Guidance for Hazardous Waste Remediation” provides detailed information on the requirements that apply and the options that are available when dealing with cleanup and redevelopment issues at sites that are or may be contaminated with hazardous waste. A copy of the document can be found at: http://dnr.wi.gov/files/PDF/pubs/rr/RR705.pdf.

NR 718.02(1)(b) (b) Solid waste which:

NR 718.02(1)(b)1. 1. Contains materials other than contaminated soil and is excavated during a response action conducted pursuant to chs. NR 700 to 754, at sites or facilities subject to regulation under s. 289.67, Stats., or ch. 292, Stats., or sites where remedial action is being taken by a person who is seeking the liability exemption under s. 292.15, Stats.;

NR 718.02(1)(b)2. 2. Is not a hazardous waste as defined in s. NR 660.10 (52) or 42 USC 6901 to 6991, as amended; and

NR 718.02(1)(b)3. 3. Is replaced at the same site or facility from which it was excavated.

NR 718.02(2) (2) This chapter does not apply to landspreading facilities regulated under ch. NR 518 (solid waste), NR 204 (wastewater), or ATCP 40 (fertilizer waste).

NR 718.02 Note Note: Responsible parties may also be subject to local requirements governing contaminated materials management.

NR 718.02 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; am. (1) (a) 1., (b) 1., Register, February, 1996, No. 482, eff. 3-1-96; corrections in (1) (a) 1. and (b) 1. made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2001, No. 543; corrections in (1) (a) 2. and (b) 2. made under s. 13.93 (2m) (b) 7., Stats., Register September 2007 No. 621; CR 12-023: am. (1) (a) 1., 2., (b) 1., 2. Register October 2013 No. 694, eff. 11-1-13.

NR 718.03 NR 718.03 Definitions. In this chapter:

NR 718.03(1) (1) “Berm” means a ridge of clean, compacted cohesive soil or impervious material constructed to withstand and control the movement of liquids.

NR 718.03(2) (2) “Bioremediation” means degradation of contaminants by microbes.

NR 718.03(3) (3) “Boundaries of a landspreading facility” means the outer edges of the area on which contaminated soil has been spread at a landspreading facility.

NR 718.03(4) (4) “Commercial treatment unit or facility” means a unit or facility that is operated for a profit by entities that are paid for providing the service. The term does not apply to a unit or facility operated by several responsible parties who pay a share of jointly incurred expenses, including consultant fees.

NR 718.03 Note Note: The use of leased vehicles or other equipment does not make a treatment unit commercial.

NR 718.03(5) (5) “Contaminated soil” means soil which contains one or more hazardous substances or environmental pollution and which is not a hazardous waste as defined in s. NR 660.10 (52) or 42 USC 6901 to 6991, as amended.