NR 718.11(2)(b)2.
2. Unless otherwise directed by the department, responsible parties shall sample and analyze all contaminated soil according to all of the following requirements:
NR 718.11(2)(b)2.a.
a. If the contaminated soil is treated prior to replacement, responsible parties shall collect samples for analysis within 30 days after completion of the treatment process or prior to replacement, whichever occurs first.
NR 718.11(2)(b)2.b.
b. A minimum of 2 samples shall be collected from the soil that is to be replaced at a site or facility, regardless of whether the contaminated soil was treated prior to replacement.
NR 718.11(2)(b)2.c.
c. Samples shall be analyzed for all contaminants that were detected during a site investigation. In addition, the uses that have been made of the site or facility in the past shall be evaluated to determine what soil contaminants might have been discharged at the site or facility, and samples shall be analyzed for all contaminants whose presence is suspected as a result of the evaluation of past land use, consistent with the requirements in
ch. NR 716.
NR 718.11(2)(b)2.d.
d. For each site or facility, one sample shall be collected for analysis for each 100 cubic yards of contaminated soil, for the first 600 cubic yards. For volumes of contaminated soil that exceed 600 cubic yards, a minimum of one sample per 300 cubic yards shall be collected for analysis.
NR 718.11(2)(b)2.e.
e. All soil samples shall be collected from areas most likely to contain residual soil contamination.
NR 718.11(2)(b)2.f.
f. Responsible parties shall report the analytic results to the department in writing within 30 days after the completion of analysis.
NR 718.11(2)(b)3.
3. Responsible parties may not replace excavated contaminated soil within a floodplain, within 100 feet of any wetland or critical habitat area, within 300 feet of any navigable river, stream, lake, pond or flowage, or within 300 feet of any water supply well, unless the department has granted a written exemption to these location standards, after considering all of the factors listed in
s. NR 718.05 (2) (b).
NR 718.11 Note
Note: Allowable residual contaminant levels at the replacement location may also be determined using the procedures in s.
NR 720.19 (3) or another department approved method. However, this will require prior department approval. If contaminants of concern are not listed in table 1 or table 2 of ch.
NR 720, the allowable residual contaminant levels can be determined using procedures in s.
NR 720.19 (3) or other department approved method, with prior department approval. For example, for soil contamination with diesel fuel where polycyclic aromatic hydrocarbons (PAH) are contaminants of concern, allowable levels for PAH's can be determined site specifically, if the disposal location meets the criteria in s.
NR 720.09 (1) and the soil is treated to levels at or below those required in ss.
NR 720.09 and
720.11.
NR 718.11(2)(b)5.
5. The contaminated soil shall be placed at least one meter above the high groundwater level.
NR 718.11(2)(b)6.
6. Responsible parties shall notify the department of replacement of contaminated soil within 30 days after the replacement of the contaminated soil on the property from which it was excavated. The notification shall include all of the following:
NR 718.11(2)(b)6.d.
d. The address and location by quarter-quarter section, township, range and county of the site or facility where the soil was replaced.
NR 718.11(3)
(3) Replacement requiring prior department approval. Responsible parties may apply to the department for prior written approval to replace excavated contaminated soil that does not meet the requirements of
sub. (2) on the property from which it was excavated. To apply for prior approval, responsible parties shall submit a written application to the department which contains all of the following information:
NR 718.11(3)(a)
(a) The name, address and telephone number of the responsible parties.
NR 718.11(3)(b)
(b) The volume of contaminated soil that is to be replaced.
NR 718.11(3)(c)
(c) The address and location, by quarter-quarter section, township, range and county, of the site or facility where the soil is to be replaced.
NR 718.11(3)(d)
(d) The results of analyses performed on the contaminated soil.
NR 718.11(3)(f)
(f) Location at the site or facility where the contaminated soil shall be replaced.
NR 718.11 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; am. (2) (b) (intro.), 2. f., 4., 5. and (3) (e),
Register, March, 1995, No. 471, eff. 4-1-95; am. (1),
Register, December, 1998, No. 516, eff. 1-1-99; corrections in (1) and (2) (a) 4. made under s.
13.92 (4) (b) 7., Stats.,
Register February 2010 No. 650.
NR 718.13
NR 718.13
Off-site disposal of contaminated soil at a response action site. NR 718.13(1)
(1) If responsible parties dispose of contaminated soil on a site or facility other than the site or facility from which it was excavated in compliance with the requirements of
subs. (2) to
(9), the disposal site or facility is exempt from solid waste program requirements in
ch. 289, Stats., and
chs. NR 500 to
538, except where solid waste program requirements are specifically referenced in this section.
NR 718.13 Note
Note: Contaminated soil which does not meet the requirements of this section may be approved for off-site disposal or disposal in a licensed solid waste disposal facility under ch.
289, Stats., and chs.
NR 500 to
538. It may also be treated or disposed of on the property from which it was excavated under s.
NR 718.11.
NR 718.13(2)
(2) The contaminated soil was generated as part of a response action conducted in accordance with the requirements of
chs. NR 700 to
726.
NR 718.13(3)
(3) Unless otherwise directed by the department, responsible parties shall sample and analyze the contaminated soil according to all of the requirements in
s. NR 718.11 (2) (b) 2.
NR 718.13(4)
(4) The site or facility where the contaminated soil shall be disposed of has, or had in the past, similar contaminants to those in the excavated contaminated soil that is being disposed of.
NR 718.13 Note
Note: The landspreading of contaminated soil is subject to the requirements of ch.
NR 518.
NR 718.13(6)
(6) Responsible parties may not dispose of excavated contaminated soil within a floodplain, within 100 feet of any wetland or critical habitat area, within 300 feet of any navigable river, stream, lake, pond or flowage, or within 300 feet of any water supply well, unless the department has granted a written exemption to these location standards, after considering all of the following:
NR 718.13(6)(b)
(b) The geology and hydrogeology of the area, including information from well logs and well construction records for nearby wells.
NR 718.13(6)(c)
(c) The unavailability of other environmentally suitable alternatives.
NR 718.13(6)(e)
(e) The threat to public health, safety or welfare or the environment.
NR 718.13 Note
Note: Allowable residual contaminant levels at the disposal site may also be determined using the procedures in s.
NR 720.19 (3) or another department approved method. However, this will require prior department approval. If contaminants of concern are not listed in table 1 or table 2 of ch.
NR 720, the allowable residual contaminant levels can be determined using procedures in s.
NR 720.19 (3) or other department approved method, with prior department approval. For example, for soil contamination with diesel fuel where polycyclic aromatic hydrocarbons (PAHs) are contaminants of concern, allowable levels for PAHs can be determined site specifically.
NR 718.13(8)
(8) The contaminated soil shall be placed at least one meter above the high groundwater level.
NR 718.13(9)
(9) Responsible parties shall notify the department of the disposal of any contaminated soil off-site, in accordance with the requirements of this chapter, within 30 days after disposal. The notification shall include all of the following:
NR 718.13(9)(a)
(a) The name, address and telephone number of the person who owns the site from which the soil was excavated.
NR 718.13(9)(b)
(b) The name, address and telephone number of the person who owns the property where the soil was disposed of.
NR 718.13(9)(e)
(e) The address and location, by quarter-quarter section, township, range and county of the property where the soil was disposed of.
NR 718.13 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; renum. (6) 1. to 5. to be (6) (a) to (e),
Register, March, 1995, No. 471, eff. 4-1-95; r. and recr. (7),
Register, April, 1995, No. 472, eff. 5-1-95; am. (1),
Register, December, 1998, No. 516, eff. 1-1-99; correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register February 2010 No. 650.
NR 718.14
NR 718.14
Off-site disposal of contaminated soil at a location other than a response action site. NR 718.14(1)
(1) If responsible parties dispose of contaminated soil on a property other than the property from which it was excavated, and the disposal site or facility does not meet the requirements of
s. NR 718.13 (4), the disposal site or facility is exempt from solid waste program requirements in
ch. 289, Stats., and
chs. NR 500 to
538, except where solid waste program requirements are specifically referenced in this section, if the disposal site or facility complies with the requirements of
subs. (2) to
(5).
NR 718.14 Note
Note: Contaminated soil which does not meet the requirements of this section may be approved for off-site disposal or disposal in a licensed solid waste disposal facility under ch.
289, Stats., and chs.
NR 500 to
538. It may also be treated or disposed of on the property from which it was excavated under s.
NR 718.11.
NR 718.14(2)
(2) The contaminated soil was generated as part of a response action conducted in accordance with the requirements of
chs. NR 700 to
726.
NR 718.14(4)
(4) The disposal location is not within a floodplain, within 100 feet of any wetland or critical habitat area, within 300 feet of any navigable river, stream, lake, pond or flowage, within 300 feet of any water supply well, within an area zoned as residential or open to public use, or where local zoning prohibits filling, unless the department has granted a written exemption to these location standards, after considering all of the following:
NR 718.14(4)(b)
(b) The geology and hydrogeology of the area, including information from well logs and well construction records for nearby wells.
NR 718.14(4)(c)
(c) The unavailability of other environmentally suitable alternatives.
NR 718.14(4)(e)
(e) The threat to public health, safety or welfare or the environment.
NR 718.14(4)(f)
(f) The department may not grant exemption for areas where local zoning prohibits filling.
NR 718.14(5)
(5) The responsible party shall obtain written approval from the department prior to disposal. To obtain approval, the responsible party shall submit the following:
NR 718.14(5)(b)
(b) A description of the processes used to treat the contaminated soil.
NR 718.14(5)(c)
(c) The results of all chemical and physical testing performed on the soil proposed for disposal, including prior to, during and after treatment.
NR 718.14(5)(d)
(d) A description of the proposed disposal site, including: name and address of the owner of the site; 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; location setbacks as identified in
sub. (4); and site geology and hydrogeology.
NR 718.14(5)(e)
(e) A description of the proposed operation and closure of the site.
NR 718.14(5)(f)
(f) An evaluation of the proposal, supported by lab and field tests as necessary, to demonstrate that the treated contaminated soil would not release quantities of contaminants into the environment such that a potential hazard to public health or the environment would be created.
NR 718.14 History
History: Cr.
Register, April, 1995, No. 472, eff. 5-1-95; r. (3),
Register, December, 1998, No. 516, eff. 1-1-99; correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register February 2010 No. 650.
NR 718.15
NR 718.15
Management of other solid wastes. If solid waste which contains waste other than contaminated soil is replaced at the site or facility from which it was excavated, as part of a response action conducted in compliance with all of the applicable requirements in
chs. NR 700 to
726, and the department has granted prior written approval for the action, the replacement of that solid waste on the site or facility from which it was excavated is exempt from the requirements of
ch. 289, Stats., and
chs. NR 500 to
538.
NR 718.15 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; correction made under s.
13.92 (4) (b) 7., Stats.,
Register February 2010 No. 650.
NR 718.17
NR 718.17
Exemption for emergency immediate actions. For a period of 72 hours after an emergency immediate response is initiated in accordance with the requirements of
ch. NR 708, the storage and transportation of contaminated soil that was excavated as part of the emergency immediate action are exempt from the requirements of
ss. NR 718.05 and
718.07, and are exempt from meeting the solid waste storage and transportation requirements in
ch. 289, Stats., and
chs. NR 500 to
538, provided that the department is immediately notified of the emergency immediate action being conducted in accordance with the requirements of
ch. NR 708.
NR 718.17 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; correction made under s.
13.92 (4) (b) 7., Stats.,
Register February 2010 No. 650.
