NR 720.02(4)(4) Concentrations of legally applied pesticides are exempt from the requirements of this chapter when all of the following conditions are met:

NR 720.02(4)(b)(b) For pesticides that are intended to be applied to the soil, pesticide concentrations exceeding soil cleanup standards are only found in the surface soil layer, where the pesticide is expected to perform its intended purpose, and only at concentrations that would be expected from pesticide application, in compliance with the pesticide label requirements.

NR 720.02 NoteNote: The depth of the surface layer of soil will vary depending on the type of pesticide applied and the appropriate intended use of that pesticide.

NR 720.02(5)(5) The department may exercise enforcement discretion on a case-by-case basis and choose to regulate a site, facility or a portion of a site or facility under only one of a number of potentially applicable statutory authorities. However, where overlapping restrictions or requirements apply, the more restrictive control. The department shall, after receipt of a request from a responsible party, provide a letter that indicates which regulatory program or programs the department considers to be applicable.

NR 720.02 NoteNote: Sites, facilities or portions of a site or facility that are subject to regulation under ch. 292, Stats., may also be subject to regulation under other statutes, including solid waste statutes, ch. 289, Stats., or the hazardous waste management act, ch. 291, Stats., and the administrative rules adopted pursuant to those statutes. One portion of a site or facility may be regulated under a different statutory authority than other portions of that site or facility. When necessary, the department will, to the best of its ability, facilitate coordination between the regulatory programs involved.

NR 720.02(6)(6) The department may take any action within the context of regulatory programs established in statutes or rules outside this chapter, if those actions are necessary to protect public health, welfare, or safety or prevent a damaging effect on the environment for present and future uses, whether or not a soil cleanup standard has been adopted under this chapter.

NR 720.02(7)(7) Nothing in this chapter authorizes an impact on soil quality that would cause a violation of a groundwater quality standard contained in ch. NR 140, an impact on soil quality or groundwater quality that would cause a violation of a surface water quality standard contained in chs. NR 102 to 106 or an impact on soil quality that would cause a violation of an air quality standard contained in chs. NR 400 to 499.

NR 720.02 HistoryHistory: Cr. Register, March, 1995, No. 471, eff. 4-1-95; cr. (1) (d), am. (2); Register, February, 1996, No. 482, eff. 3-1-96; emerg. am. (1) (intro.), cr. (1m), eff. 5-18-00; am. (1) (intro.), cr. (1m), Register, January, 2001, No. 541, eff. 2-1-01; corrections in (1) (b) made under s. 13.93 (2m) (b) 7., Stats., Register September 2007 No. 621; CR 12-023: am. (1) (intro.), (a), (b), cr. (1) (e), r. (1m), am. (3), Register October 2013 No. 694, eff. 11-1-13.

NR 720.03(1m)(1m) “Ceiling limit concentration” means a preset non-risk based concentration of an inorganic or semi-volatile chemical.

NR 720.03 NoteNote: This definition is consistent with the approach used in the U.S. EPA’s Regional Screening Table which sets a ceiling limit concentration of 100,000 mg/kg or 10% by weight for a relatively non-toxic chemical in a soil sample. This definition is not the same as in other natural resources administrative rules. For example, the term ceiling limit in ch. NR 204 refers to the concentration of certain metals in domestic sludge that if exceeded would result in the sludge not being eligible for land application.

NR 720.03(2)(2) “Contaminant of concern” means a hazardous substance that is present at a site or facility in such concentrations that the contaminant poses an actual or potential threat to human health, safety, or welfare or the environment based upon:

NR 720.03(2)(a)(a) The toxicological characteristics of the hazardous substance that influence its ability to adversely affect human health or the environment relative to the concentration of the hazardous substance at the site or facility;

NR 720.03(2)(b)(b) The chemical and physical characteristics of the hazardous substance which govern its tendency to persist in the environment and the chemical, physical and biological characteristics at the site or facility which govern the tendency for the hazardous substance to persist at the site or facility;

NR 720.03(2)(c)(c) The chemical and physical characteristics of the hazardous substance which govern its tendency to move into and through environmental media;

NR 720.03(3)(3) “Cumulative excess cancer risk” means the upper bound on the estimated excess cancer risk associated with exposure to multiple hazardous substances or multiple exposure pathways.

NR 720.03(3m)(3m) “Dermal absorption” means systemic exposure via skin absorption. However, because dermal toxicity factors are not available, oral-to-dermal extrapolation is done by adjusting for gastrointestinal absorption in order to derive toxicity values in terms of a dermally-absorbed dose.

NR 720.03 NoteNote: Dermal toxicity values that are extrapolated from oral toxicity values may not take into account allergic contact responses or skin cancer.

NR 720.03(4)(4) “Direct contact” means human exposure to substances in soil through one or more of the following pathways: inhalation of particulate matter, dermal absorption, incidental ingestion, or inhalation of vapors from the soil.

NR 720.03(5)(5) “Hazard index” means the sum of 2 or more hazard quotients for multiple hazardous substances or multiple exposure pathways.