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.

NR 718.03(6) (6) “Floodplain” has the meaning specified in s. NR 116.03 (16).

NR 718.03 Note Note: Section NR 116.03 (16) defines “floodplain” to mean “that land which has been or may be covered by floodwaters during the regional flood. The floodplain includes the floodway, floodfringe, shallow depth flooding, flood storage and coastal floodplain areas.”

NR 718.03(7) (7) “Landspreading facility” has the meaning specified in s. NR 500.03 (121).

NR 718.03 Note Note: Section NR 500.03 (121) defines “landspreading facility” to mean “a land disposal facility where solid waste is discharged, deposited, placed or injected in thin layers onto the land surface of the facility, or is incorporated into the top several feet of the surface soil, for agricultural, silvicultural or waste disposal purposes”.

NR 718.03(8) (8) “Leachate” has the meaning specified in s. NR 500.03 (123).

NR 718.03 Note Note: Section NR 500.03 (123) defines “leachate” to mean “water or other liquid that has percolated through or contacted solid waste or gases generated by solid waste.”

NR 718.03(9) (9) “Light petroleum products” means gasoline, diesel fuel, no. 1 or no. 2 fuel oil, kerosene, aviation gasoline, jet fuel, or a mixture of 2 or more of these materials.

NR 718.03(10) (10) “Monitoring” means a systematic method of collecting and reporting chemical and other data from contaminated media.

NR 718.03(11) (11) “Single-application landspreading” means landspreading where contaminated soil from only one remedial action site is all the contaminated soil that is ever applied onto an area of a property.

NR 718.03(12) (12) “Storage” means placement of solid waste on a temporary basis in a manner that does not constitute disposal of solid waste.

NR 718.03(13) (13) “Volatilization” means removal of contaminants from soil or other media by evaporation.

NR 718.03 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; renum. (3) to (9) to be (4), (5), (6), (8), (10), (12) and (13), cr. (3), (7), (9) and (11), Register, December, 1998, No. 516, eff. 1-1-99; correction in (5) made under s. 13.93 (2m) (b) 7., Stats., Register September 2007 No. 621; CR 12-023: am. (5), (8) Register October 2013 No. 694, eff. 11-1-13.

NR 718.05 NR 718.05 Storage of excavated contaminated soil.

NR 718.05(1) (1) Exemption from solid waste program requirements. Sites or facilities where less than 2,500 cubic yards of excavated contaminated soil are stored by responsible parties for a period not to exceed 6 months, in accordance with all of the requirements of this section, are exempt from the solid waste program requirements for the storage of contaminated soil in ch. 289, Stats., and chs. NR 500 to 538.