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.

NR 718.05 Note Note: This section does not apply to sites or facilities where more than 2,500 cubic yards of excavated contaminated soil are stored or where storage of contaminated soil exceeds 6 months. This section also does not apply to the storage by responsible parties of excavated contaminated soil at sites or facilities that are licensed solid waste storage facilities.

NR 718.05(2) (2) General storage requirements. Except as provided in sub. (3) or (4), the requirements in this subsection apply to the storage by responsible parties of excavated contaminated soil at sites or facilities that are not licensed solid waste storage facilities.

NR 718.05(2)(a) (a) Location standards. Responsible parties may store contaminated soil at a site or facility in accordance with the requirements of this section, except if the storage area will be located in one of the areas specified in subds. 1. through 4., or if an exemption is issued by the department pursuant to par. (b).

NR 718.05(2)(a)1. 1. Within a floodplain.

NR 718.05(2)(a)2. 2. Within 100 feet of any wetland or critical habitat area.

NR 718.05(2)(a)3. 3. Within 300 feet of any navigable river, stream, lake, pond or flowage.

NR 718.05(2)(a)4. 4. Within 100 feet of any water supply well for on-site storage or within 300 feet of any water supply well for off-site storage.

NR 718.05(2)(b) (b) Exemptions from location standards. Responsible parties may store 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: