NR 716.03 Note
Note: Section
NR 141.05 (31) defines "potentiometric surface" to mean "an imaginary surface representing the total head of groundwater and is the level to which water will rise in a well."
NR 716.03 Note
Note: Section
NR 149.03 (27) defines "replicate sample" to mean "equal aliquots taken from the same sampling location and analyzed independently for the same constituent." This is also known as a "duplicate."
NR 716.03(9)
(9) "Temperature blank" means a water sample which undergoes the same cooling procedure used for the samples for analysis, but which is only checked to determine the temperature of the samples upon arrival at the laboratory.
NR 716.03 Note
Note: Section
NR 149.03 (32) defines "trip blank" to mean "a sample of reagent grade water which is used to determine possible contamination of samples from volatile organic chemicals while in transit to and from the laboratory."
NR 716.03 Note
Note: Section
NR 141.05 (46) defines "water table observation well" to mean "any groundwater monitoring well, in which the screen or open borehole intersects a water table, which is installed for the specific purpose of determining either the elevation of the water table or the physical, chemical, biological or radiological properties of groundwater at the water table or both."
NR 716.03 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; correction in (10) made under s. 13.93 (2m) (b) 7., Stats.,
Register, January, 2001, No. 541.
NR 716.05(1)(1) Responsible parties shall conduct a site investigation that meets the requirements of this chapter and
s. NR 746.05, for discharges of petroleum products from petroleum storage tanks, when site-specific or facility-specific information indicates that soil, sediment, groundwater, surface water, air or other environmental media at a site or facility may have become contaminated. Unless
sub. (2) is applicable, responsible parties shall use the factors in
s. NR 708.09 (1) (a) through
(n) and
(2) (a) through
(c) to determine whether or not a site investigation is necessary.
NR 716.05(2)
(2) A site investigation is not required of the responsible parties at a site or facility, if:
NR 716.05(2)(a)
(a) After notification to the department of a hazardous substance discharge in accordance with
ch. NR 706, the department determines that no further action is required of the responsible parties, based on the factors in
s. NR 708.09 (1) and
(2).
NR 716.05(2)(b)
(b) After completion of an immediate action, the department determines that no further action is required of the responsible parties, based on the factors in
s. NR 708.09 (1) and
(2).
NR 716.05 Note
Note: Department guidance on conducting site investigations is available. The publications Guidance for Conducting Environmental Response Actions and Leaking Underground Storage Tank Analytical Guidance may be obtained by contacting the Bureau of Remediation and Redevelopment, Public Information Requests, P.O. Box 7921, Madison, WI 53707.
NR 716.05 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; am. (2) (a),
Register, February, 1997, No. 494, eff. 3-1-97; emerg. am. (1), eff. 5-18-00; am. (1),
Register, January, 2001, No. 541, eff. 2-1-01; correction in (1) made under s. 13.93 (2m) (b) 7., Stats.,
Register, January, 2001, No. 541.
NR 716.07
NR 716.07
Site investigation scoping. Prior to conducting the field component of a site investigation required under
s. NR 716.05, responsible parties shall evaluate all of the following relevant items, considering the location of the site or facility, to ensure that the scope and detail of the field investigation are appropriate to the complexity of the site or facility:
NR 716.07(1)
(1) History of the site or facility, including industrial, commercial or other land uses that may have been associated with one or more hazardous substance discharges at the site or facility.
NR 716.07(2)
(2) Knowledge of the type of contamination and the amount of the contamination.
NR 716.07(3)
(3) History of previous hazardous substance discharges or environmental pollution.
NR 716.07(4)
(4) Environmental media affected or potentially affected by the contamination.
NR 716.07(5)
(5) Location of the site or facility, and its proximity to other sources of contamination.
NR 716.07(6)
(6) Need for permission from property owners to allow access to the site or facility and to adjacent or nearby properties.
NR 716.07(7)
(7) Potential or known impacts to receptors, including public and private water supplies; buildings and other cultural features; and utilities or other subsurface improvements. This evaluation shall include mapping the location of all water supply wells within a 1,200- foot radius of the outermost edge of contamination.
NR 716.07(8)
(8) Potential for impacts to any of the following:
NR 716.07(8)(b)
(b) Species, habitat or ecosystems sensitive to the contamination.
NR 716.07(8)(c)
(c) Wetlands, especially those in areas of special natural resource interest as designated in
s. NR 103.04.
NR 716.07(8)(e)
(e) Sites or facilities of historical or archaeological significance.
NR 716.07(9)
(9) Potential interim and remedial actions applicable to the site or facility and the contamination.
NR 716.07(10)
(10) Immediate or interim actions already taken or in progress, including any evaluations made of whether an interim action is needed at the site or facility.
NR 716.07(11)
(11) Any other items, including climatological conditions and background water or soil quality information, that may affect the scope or conduct of the site investigation.
NR 716.07(12)
(12) The need to gather data to determine the hydraulic conductivity of materials where contaminated groundwater is found and, for sites with petroleum-product contamination discharged from a petroleum storage tank, to determine whether the site satisfies the risk screening criteria in
s. NR 746.06 and the closure criteria in
s. NR 746.07 or
746.08.
NR 716.07 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; emerg. cr. (12), eff. 5-18-00; cr. (12),
Register, January, 2001, No. 541, eff. 2-1-01.
NR 716.09
NR 716.09
Site investigation work plan. NR 716.09(1)
(1)
General. Unless otherwise directed by the department, in cases where a site investigation in required under
s. NR 716.05, responsible parties shall submit a work plan to the department describing the intended scope and conduct of a field investigation if the site or facility is classified as complex under
s. NR 700.09 (2) or if the responsible party chooses to proceed with the complex site process under
s. NR 700.11 (2).
NR 716.09(2)
(2) Contents. The work plan shall include all of the following information, unless otherwise directed by the department:
NR 716.09(2)(a)
(a) Site name, address, and location by quarter-quarter section, township, range and county, or a more precise location description if necessary to adequately define the location of the site or facility.
NR 716.09(2)(b)
(b) Name and address of the responsible party or parties, and name and address of all consultants or contractors involved in the response action.
NR 716.09(2)(c)
(c) Site location map, consisting of the applicable portion of a 1:24,000-scale topographic quadrangle published by the United States geological survey with the name of the quadrangle indicated, and a site layout map to approximate scale depicting the layout of buildings, roads, discharge location and other relevant features of the site.
NR 716.09(2)(e)
(e) Basic information on the physiographical and geological setting of the site necessary to choose sampling methods and locations, including:
NR 716.09(2)(e)1.
1. The existing topography, including prominent topographic features.
NR 716.09(2)(e)2.
2. The surface water drainage patterns and significant hydrologic features, such as surface waters, springs, surface water drainage basins, divides, wetlands and whether the site lies within a floodplain or floodway.
NR 716.09(2)(e)4.
4. General nature and distribution of geologic materials, including the thickness and type of unconsolidated materials and the type and nature of bedrock.
NR 716.09(2)(f)
(f) Sampling and analysis strategy to be used during the field investigation, including:
NR 716.09(2)(f)1.
1. A description of the investigative techniques to be used to characterize the site or facility.
NR 716.09(2)(f)2.
2. Identification on a site layout map of the locations, both planimetric and vertical, from which samples of environmental media will be obtained. Where locations cannot be specified in advance, the work plan shall include a description of the strategy to be used for determining these locations in the field.
NR 716.09(2)(f)3.
3. A description of sampling methods to be used, including methods for preserving and delivering samples.
NR 716.09(2)(f)4.
4. An itemization of the parameters for which samples will be analyzed, as well as the analytical methods to be used and their method detection limits.
NR 716.09(2)(f)5.
5. A description of quality control and quality assurance procedures to be used, including the items specified in
s. NR 716.13.
NR 716.09(2)(f)6.
6. A description of the procedures to be used to prevent cross-contamination among samples.
NR 716.09(2)(f)7.
7. A description of the type of investigative wastes that will be generated during the site investigation and how they will be collected, stored, transported and treated or disposed of.
NR 716.09(2)(f)8.
8. A discussion of how the sampling and analysis results will be related to results of any previous investigations at the site or facility, and how the results will be used to determine the degree and extent of the contamination and the selection of a remedial action option including, where appropriate, natural biodegradation.
NR 716.09(2)(g)
(g) A description of other procedures to be used for site management, including erosion control and repair of soil or ground disturbance.
NR 716.09(2)(h)
(h) A schedule for conducting the field investigation and reporting the results to the department.
NR 716.09(3)(a)(a) The department may instruct responsible parties to proceed without departmental review of work plans submitted under this section.
NR 716.09(3)(b)
(b) Responsible parties that are not instructed to proceed under
par. (a) shall wait before initiating the field investigation until the department has approved or conditionally approved the work plan, except that if the department has not reviewed the work plan within 60 days after its receipt by the department, the responsible parties may proceed with the field investigation.
NR 716.09(3)(c)
(c) If the department disapproves a work plan submitted under this section, the department shall provide to the responsible parties, in writing, the basis for disapproval and a deadline for providing a revised work plan.
NR 716.09(3)(d)
(d) The lack of a response from the department, after the department's receipt of a work plan, may not be construed to mean that the department has approved the work plan.
NR 716.09 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; r. and recr. (1), r. (3) (e),
Register, April, 1995, No. 472, eff. 5-1-95.
NR 716.11(1)(1) Responsible parties shall conduct a field investigation as part of each site investigation required under this chapter, unless the department directs otherwise.
NR 716.11(2)
(2) The field investigation shall be conducted in accordance with a work plan approved or conditionally approved by the department, unless the department has directed the responsible parties to proceed with a field investigation without department review of the investigation work plan.
NR 716.11(3)
(3) The purposes of the field investigation shall be to:
NR 716.11(3)(a)
(a) Determine the nature, degree and extent, both areal and vertical, of the hazardous substances or environmental pollution in all affected media.
NR 716.11(3)(b)
(b) Provide sufficient information to permit evaluation of interim options pursuant to
ch. NR 708, and remedial action options pursuant to
ch. NR 722, and to permit a determination to be made regarding whether any of the interim or remedial action options require a treatability study or other pilot-scale study.
NR 716.11(3)(c)
(c) Provide sufficient information to determine the hydraulic conductivity of materials where contaminated groundwater is found and, for sites with petroleum-product contamination discharged from a petroleum storage tank, determine whether the site satisfies the risk screening criteria in
s. NR 746.06 and the closure criteria in
s. NR 746.07 or
746.08.
NR 716.11(4)
(4) Responsible parties shall extend the field investigation beyond the property boundaries of the source area as necessary to fully define the extent of the contamination. If the responsible parties are unable to complete the required investigation beyond the source property because a property owner refuses access, the responsible parties shall notify the department within 30 days of the refusal, and shall document in writing the efforts undertaken to gain access when requested by the department.
NR 716.11(5)
(5) The field investigation shall include an evaluation of all of the following items:
NR 716.11(5)(a)
(a) Potential pathways for migration of the contamination, including drainage improvements, utility corridors, bedrock and permeable material or soil along which vapors, free product or contaminated water may flow.
NR 716.11(5)(c)
(c) The known or potential impacts of the contamination on any of the resources listed in
s. NR 716.07 (8) that were identified during the scoping process as having the potential to be affected by the contamination.
NR 716.11(5)(d)
(d) Surface and subsurface rock, soil and sediment characteristics, including physical, geochemical and biological properties that are likely to influence the type and rate of contaminant movement, or that are likely to affect the choice of a remedial action.
NR 716.11(6)
(6) Responsible parties shall manage investigative wastes in a manner that will not pose a threat to public health, safety or welfare or the environment, and which is consistent with state and federal regulations.
NR 716.11 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; am. (3) (b),
Register, April, 1995, No. 472, eff. 5-1-95; emerg. cr. (3) (c), am. (5) (a), eff. 5-18-00; cr. (3) (c), am. (5) (a),
Register, January, 2001, No. 541, eff. 2-1-01.
NR 716.13
NR 716.13
Sampling and analysis requirements. NR 716.13(1)(1) Responsible parties shall use laboratory analyses of environmental media samples which are collected, handled and analyzed in compliance with
subs. (2) to
(12) to confirm the nature and extent and evaluate the impacts of contamination, if a field investigation is required under
s. NR 716.11 (1).
NR 716.13(2)
(2) Responsible parties shall ensure that drinking water samples are collected, handled and analyzed according to the procedures specified in
ch. NR 809.
NR 716.13(3)
(3) Responsible parties shall ensure that samples other than drinking water are collected, handled and analyzed according to the procedures specified in "SW-846: Test Methods for Evaluating Solid Waste", November 1986, including December 1987 and November 1990 updates, published by the U.S. EPA, unless the department approves the use of an alternative procedure. The department may approve the use of an alternative procedure from one of the authoritative sources listed in
s. NR 149.03 (5), an alternate test procedure approved by the U.S. EPA, or, if the department determines that an appropriate procedure is neither available from "SW-846: Test Methods for Evaluating Solid Waste" nor from one of the authoritative sources listed in
s. NR 149.03 (5), from another source.
NR 716.13 Note
Note: Copies of "SW-846: Test Methods for Evaluating Solid Waste" are available for inspection at the offices of the department of natural resources, the secretary of state, and the legislative reference bureau. Copies may be obtained from the Government Printing Office, Room 190, Federal Building, 517 East Wisconsin Avenue, Milwaukee, WI 53202.
NR 716.13(4)
(4) All chemical and physical analyses for which a certification or registration test category is available under
ch. NR 149 shall be conducted by a laboratory certified under
ch. NR 149 for that test category.
NR 716.13(5)
(5) Responsible parties may use non-laboratory methods of sample analysis, including field screening with a photoionization detector or flame ionization detector, analysis with a field gas chromatograph, geophysical or downhole probe surveying, non-certified mobile laboratory analysis, immunoassays and other appropriate methods, to supplement the information derived from laboratory analysis of samples. If non-laboratory methods are used at a location from which a laboratory sample is collected, responsible parties shall use separate samples for the non-laboratory and the laboratory analyses, unless the target compound is not subject to loss or alteration through sample handling.
NR 716.13(6)
(6) All soil samples obtained during the field investigation for the purpose of defining the degree and extent of the contamination shall be discrete, not composite, samples, unless the department explicitly approves in advance composite sampling for a specific site situation.
