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.
NR 716.13(7)
(7) Responsible parties shall inspect monitoring wells installed for field investigations conducted under this chapter at least annually to determine whether they are providing a conduit to the subsurface, and shall take action to repair or abandon the well if necessary in accordance with
ch. NR 141.
NR 716.13(8)
(8) Responsible parties shall measure and record to the nearest 0.01 foot the static water level elevation in each groundwater monitoring well prior to obtaining a groundwater sample from the well. The measurement point shall be the top of the well casing and shall be identified on the well itself if the top of the casing is not level.
NR 716.13(9)
(9) Where site investigation data or other information indicate it is appropriate, or when directed to do so by the department, responsible parties shall make a good faith effort to sample public or private water supply wells as part of a regular monitoring program or to determine the extent of groundwater contamination, or both. Responsible parties shall report all water supply well sampling results to the department within 10 days after receiving the sampling results. The report shall include a preliminary analysis of the cause and significance of any contaminant concentrations observed in the samples and an identification of any substances that attain or exceed
ch. NR 140 preventive action limits, as well as any other substances observed in the samples for which there are no
ch. NR 140 groundwater quality standards. Private and public water supply wells to be sampled shall include:
NR 716.13(9)(a)
(a) Those wells that are known or suspected to be affected by the groundwater contamination.
NR 716.13(9)(b)
(b) Other wells that the department determines have the potential to be affected by the groundwater contamination.
NR 716.13(10)
(10) If the responsible parties are unable to sample a public or private well because the 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 716.13(11)
(11) Responsible parties shall provide for the following quality control and quality assurance procedures, at a minimum, when collecting samples for laboratory analysis for a field investigation conducted under this chapter:
NR 716.13(11)(a)
(a) Chain of custody, which shall be documented in a format specified by the department, from the time of sample collection to the receipt of the sample by the analytical laboratory.
NR 716.13 Note
Note: Copies of the chain-of-custody format may be obtained from Public Information Requests, Bureau of Remediation and Redevelopment, 101 S. Webster Street, P.O. Box 7921, Madison, WI 53707.
NR 716.13(11)(b)
(b) For soil samples, one temperature blank for every batch of samples that require cooling for preservation, unless samples are received by the laboratory on ice and a temperature of no greater than 4ºC is maintained until their receipt by the laboratory.
NR 716.13(11)(c)3.
3. One trip blank for each batch of samples that will be analyzed for volatile organic chemicals.
NR 716.13(11)(c)4.
4. One temperature blank for every batch of samples that require cooling for preservation, unless samples are shipped on ice and a temperature of no greater than 4ºC is maintained until their receipt by the laboratory.
NR 716.13(11)(d)
(d) Decontamination of all sampling instruments between each sampling event, unless dedicated or disposable sampling devices are used in a manner that prevents cross contamination or other unintended contamination of samples.
NR 716.13(12)
(12) Responsible parties shall ensure that the following items are documented during the field investigation and are made available to the department upon request:
NR 716.13(12)(a)
(a) Procedures for sampling and all other routine activities associated with the site investigation.
NR 716.13(12)(b)
(b) A log of all routine and nonroutine maintenance and calibrations performed on all instruments used during the field investigation.
NR 716.13(12)(c)
(c) Field notes describing in detail the sequence of activities that took place during the field investigation.
NR 716.13 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94.
NR 716.15
NR 716.15
Site investigation report. NR 716.15(1)(a)(a)
Simple site. Unless otherwise directed by the department, responsible parties shall include the site investigation report information with the final report and accompanying compliance letter for the response action in accordance with
s. NR 700.11 (1) (b), if the site or facility meets the criteria for a simple site classification, in
s. NR 700.09 (1).
NR 716.15(1)(b)
(b)
Complex site. If, however, the site or facility is classified as a complex site in accordance with
s. NR 700.09 (2) or if the responsible party chooses to proceed with the complex site process, responsible parties shall submit:
NR 716.15(1)(b)1.
1. A site investigation report to the department within 30 days after completion of the report unless the site is exempt under
s. NR 700.11 (2) (e), in which case site investigation data are required to be submitted with the site closure request.
NR 716.15(1)(b)2.
2. A draft remedial options report meeting the requirements of
ch. NR 722 within 30 days after completion of the report unless the site is exempt under
s. NR 700.11 (2) (f), in which case the submittal of a remedial action options report is not required unless requested.
NR 716.15(2)
(2) Report contents. The site investigation report shall include all of the following:
NR 716.15(2)(a)
(a) Cover letter. A letter referencing the department's identification number for the site or facility and stating the purpose of the submittal and the desired department action or response.
NR 716.15(2)(b)
(b) Number of copies. Unless otherwise directed by the department, 2 copies of the plan or report.
NR 716.15(2)(c)
(c) Executive summary. A brief narrative describing the site investigation results, conclusions and recommendations for future actions.
NR 716.15(2)(d)2.
2. Name, address and telephone number of the present property owner, lessee, operator and any individual or company responsible for the contamination.
NR 716.15(2)(d)3.
3. Name, address and telephone number of any consultants or contractors involved with the response action at the site or facility.
NR 716.15(2)(d)4.
4. Site or facility name, address and location by quarter-quarter section, township, range and county. The location of the property and the contamination shall be given in sufficient detail to allow department personnel to inspect the property and the contaminated area.
NR 716.15 Note
Note: Additional requirements for reporting locations of monitoring wells are contained in ch.
NR 141.
NR 716.15(2)(d)6.
6. In addition to any other site layout maps, one site layout map which depicts the site's property boundaries, named and unnamed roads or access points, surface water features, underground utilities, buildings, public and private wells, land uses on adjacent properties and known and potential hazardous substance sources.
NR 716.15(2)(d)7.
7. The geographic positions of all properties within and partially within the contaminated site boundaries, which have been directly located or interpolated from other features on a base map of 1:24000 scale or finer, or which were obtained using differentially corrected global positioning system data or another method of similar or superior accuracy that have been approved by the department. The geographic position data shall be obtained and submitted to the department in accordance with the requirements in
par. (k).
NR 716.15(2)(e)1.
1. Activities or events at or near the site or facility which had the potential to affect public health, safety or welfare or the environment, including time, duration, type and amounts of hazardous substance discharges.
NR 716.15(2)(e)2.
2. Any previous discharges or response actions and the relevant dates.
NR 716.15(2)(e)3.
3. Response action activities to date, with references to any previous reports concerning response action activities on the site or facility.
NR 716.15(2)(f)
(f) Methods of investigation. Descriptions of investigative techniques used to characterize the site or facility, including subsurface boring and probe methods; monitoring well construction, installation and development procedures; well and aquifer testing methods; modeling techniques; and sample collection, handling and analysis techniques. Where procedures were performed in accordance with methods described in a work plan for the same investigation that was previously submitted to the department or in exact accordance with published departmental guidance, the site investigation report may omit detailed descriptions by referring to the work plan or the department guidance in which the methods were described.
NR 716.15(2)(g)
(g) Results. A detailed description of the results of the site investigation, including all of the following:
NR 716.15(2)(g)2.
2. A description of the sequence of activities that took place during the site investigation.
NR 716.15(2)(g)3.
3. All field measurements, observations, and sampling data generated during the site investigation, including data from non-laboratory sample analyses. Laboratory data shall include laboratory name, location from which each sample was obtained, date each sample was obtained, date each sample was extracted and analyzed, analytical method used by the laboratory, parameters tested for, the method detection limit, the analytical result for each sample, and whether other compounds not specifically tested for were observed in significant quantities. Relevant and significant sample results and field measurements shall be compiled in tabular form and at corresponding sampling locations noted on a site layout map.
NR 716.15(2)(g)4.
4. Where laboratory results are significantly inconsistent with field observations or non-laboratory method results, a clear evaluation of the reason for the inconsistency and an indication of whether resampling or additional quality control procedures are needed.
NR 716.15(2)(g)5.
5. For sites or facilities with 3 or more water table observation wells, a map depicting the elevation of the water table and the apparent direction of groundwater flow, with additional water table maps as necessary to depict significant variations in water table elevation or groundwater flow direction.
NR 716.15(2)(g)6.
6. For sites or facilities with 2 or more soil borings, a geologic cross section depicting the stratigraphy of the site.
NR 716.15(2)(g)7.
7. Isoconcentration maps of hazardous substance concentrations in each environmental medium, as appropriate to the scope and complexity of the site and where sufficient data are available to estimate meaningful isoconcentrations.
NR 716.15(2)(g)8.
8. Interpretations of the data generated at the site or facility sufficient to characterize the geologic and hydrogeologic characteristics of the site or facility, the areal and vertical degree and extent of hazardous substances in all environmental media, and the impacts of the contamination to all potential receptors.
NR 716.15(2)(g)9.
9. The hydraulic conductivity of materials where contaminated groundwater is found and, for sites with petroleum-product contamination discharged from a petroleum storage tank, interpretations of data necessary to determine whether the site satisfies all of the risk screening criteria in
s. NR 746.06 and the closure criteria in
s. NR 746.07 or
746.08.
NR 716.15(2)(h)
(h) Visual aids. Maps, figures, tables and photographs that are necessary to clarify and support results and interpretations. Visual aids shall present information in legible formats, shall be referenced in the report text, and shall meet all of the following requirements:
NR 716.15(2)(h)1.
1. Maps, plan sheets, drawings, cross sections and fence diagrams shall:
NR 716.15(2)(h)1.a.
a. Be of appropriate scale to show all required details with sufficient clarity.
NR 716.15(2)(h)1.b.
b. Have a figure number, title, north arrow, legend of all symbols used, contain horizontal and vertical scales, specify drafting or origination dates and indicate the source if not an original design.
NR 716.15(2)(h)1.d.
d. Use a distinguishing symbol, such as a dashed line or question mark, to depict inferred or questionable data.
NR 716.15(2)(h)1.e.
e. For water table maps and potentiometric surface maps, depict water level elevations measured on the same day, indicate the date of measurement on the map, and indicate apparent flow direction. For potentiometric surface maps, additionally depict measurements taken from piezometers with similar screen lengths that intersect the same geologic zone and depth, and indicate any vertical gradients as well as the location and type of any confining layers.
