NR 746.03(12)
(12) "Permeable material" means a subsurface material that is at or below the water table and that is not a low permeability material.
NR 746.03 Note
Note: Section
101.143 (1)(f), Stats., defines "petroleum product" to mean "gasoline, gasoline alcohol fuel blends, kerosene, fuel oil, burner oil, diesel fuel or used motor oil." The term "petroleum product" includes substances that are, or once were, constituents of a petroleum product, including petroleum product additives.
NR 746.03 Note
Note: Section
101.144 (1)(bm), Stats., defines "petroleum storage tank" to mean "a storage tank that is used to store petroleum products together with any on-site integral piping or dispensing system." The term "petroleum storage tank" does not include a pipeline facility.
NR 746.03 Note
Note: Section
160.01 (6), Stats., defines "preventive action limit" to mean "a numerical value expressing the concentration of a substance in groundwater which is adopted under s.
160.15."
NR 746.03 Note
Note: Section
160.01(6m), Stats., defines "property boundary" to mean "the boundary of the total contiguous parcel of land owned by a common owner, regardless of whether public or private roads run through the parcel."
NR 746.03(17)
(17) "Release" means the discharge to the environment from a petroleum storage tank.
NR 746.03(18)
(18) "Remedial action" means a response action taken to control, minimize or eliminate the discharge of petroleum products so that they do not present an actual or potential threat to public health, safety or welfare or the environment. The term "remedial action" includes actions taken to restore the environment to the extent practicable and to meet applicable environmental standards, and includes natural attenuation. Examples include containment, treatment, excavation, disposal, recycling or reuse, and any monitoring required to assure that such actions protect public health, safety and welfare and the environment.
NR 746.03(19)
(19) "Remediation target" means a goal that may be set for a site, to clearly establish the contaminant concentration in groundwater or soil, or both, that when achieved will result in the granting of site closure.
NR 746.03 Note
Note: Section
101.144(1)(d), Stats., defines "responsible person" to mean "a person who owns or operates a petroleum storage tank, a person who causes a discharge from a petroleum storage tank or a person on whose property a petroleum storage tank is located."
NR 746.03(21)
(21) "Site" means any area where a petroleum product has discharged.
NR 746.03 Note
Note: Because the term "discharge" has been interpreted by the Wisconsin supreme court to include the migration of hazardous substance contamination after it is released to the environment, the term "site" includes all areas to which petroleum-product contamination has migrated, including areas not on the source property. The term "site" and "source property" are not synonymous. A "site" can be larger or smaller than a "source property." The term "site" is synonymous with the term "occurrence" as that term is used by the department of Safety and Professional Services in ch.
SPS 347. The term "site" is used here in order to establish common terminology that will be used by both the department of safety and professional services and the department of natural resources in the implementation of ch.
NR 746.
NR 746.03(22)
(22) "Site closure" or "site closed" means a determination made pursuant to this chapter and
ch. NR 726 that applicable groundwater quality standards in
ch. NR 140 have been met or will be met by relying on natural attenuation and that applicable soil cleanup standards in
ch. NR 720 have been met or will be met by relying on a remedial action performance standard.
NR 746.03 Note
Note: Section
NR 700.03 (58) defines "soil" to mean " unsaturated organic material, derived from vegetation and unsaturated, loose, incoherent rock material, of any origin, that rest on bedrock other than foundry sand, debris and any industrial waste."
NR 746.03(24)
(24) "Source control" means actions taken to remove or treat soil or groundwater contamination, or both, actions taken to minimize the leaching of soil contamination to groundwater, and actions taken to prevent the migration of groundwater contamination. The term "source control" includes tank removal, the removal of free product and contaminant hot spot removal or treatment. The term "source control" does not include groundwater monitoring, soil sampling, recycling or reuse of contaminants, reliance on natural attenuation to address residual contamination, or changes to a facility's design, operation, construction or waste handling or disposal practices.
NR 746.03(25)
(25) "Source property" means the parcel of land on which petroleum-product contamination was originally released to the environment.
NR 746.03(26)
(26) "Unsaturated" means soil or other material that is found above the water table.
NR 746.03 Note
Note: Section
NR 700.03 (66m) defines "utility corridor" to mean "any utility line that runs underground and any backfilled trench that was constructed to install a water main or lateral, a sewer main or lateral or other utility line."
NR 746.03 Note
Note: Section
NR 141.05 (45) defines "water table" to mean "the surface of unconfined groundwater where the water pressure is equal to atmospheric pressure." The term "water table" is used in this chapter to establish the upper elevation of "groundwater" as that term is defined in s.
160.01 (4), Stats. Section
160.01 (4), Stats., defines "groundwater" to mean "any of the waters of the state, as defined in s.
281.01 (18), occurring in a saturated subsurface geological formation of rock or soil."
NR 746.03 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01.
NR 746.04(1)(1)
Administrative authority. The administrative authority of the department of safety and professional services and DNR for a site includes enforcement, setting remediation targets, remediation supervision and direction, and decision-making regarding the granting or denying closure and deciding whether or not further remedial action is required. DNR has the authority under s.
292.11 (7) (c), Stats., to issue orders to a person who possesses or controls a hazardous substance that was discharged, or who caused the discharge of a hazardous substance, specifying the remedial action that the responsible person is required to take under s.
292.11 (3), Stats. The department of safety and professional services has the authority under s.
101.144 (2) (a), Stats., to issue orders to a person who owns or operates a petroleum storage tank, a person who causes a discharge from a petroleum tank or a person on whose property a petroleum storage tank is located, to require that person to take remedial action in response to those discharges of petroleum products from petroleum storage tanks over which the department of safety and professional services has jurisdiction. The assignment of administrative authority for high-risk sites and medium and low risk sites, where discharges of petroleum products from petroleum storage tanks have occurred, shall be determined according to the following criteria:
NR 746.04(1)(a)
(a) DNR shall have administrative authority for those sites that meet any of the following criteria:
NR 746.04(1)(a)3.
3. Sites with soil or groundwater that is contaminated by one or more hazardous substances other than petroleum products discharged from a petroleum storage tank, where the petroleum contamination is commingled with one or more hazardous substances other than petroleum products from a petroleum storage tank.
NR 746.04(1)(b)
(b) The department of safety and professional services shall have administrative authority for those sites that meet both of the following criteria:
NR 746.04(1)(b)2.
2. Sites where petroleum contamination is not commingled with one or more hazardous substances other than petroleum products discharged from a petroleum storage tank.
NR 746.04(2)(a)(a) The department of safety and professional services and DNR shall jointly determine remediation targets for high-risk sites that are competitively bid or bundled with another site or sites pursuant to
s. SPS 347.337 (4) (a) 3. and 4., and shall jointly review and select remedial bids.
NR 746.04 Note
Note: Subdivisions 3. and 4. of s. SPS 347.337 (4) no longer exist.
NR 746.04(2)(b)
(b) The department of safety and professional services shall set remediation targets for low risk and medium risk sites that are competitively bid or bundled with another site or sites pursuant to
s. SPS 347.337 (4) (a) 3. and 4., and review and select remedial bids.
NR 746.04 Note
Note: Subdivisions 3. and 4. of s. SPS 347.337 (4) no longer exist.
NR 746.04(2)(c)
(c) When a remediation target is not established under
par. (a) or
(b), the goal that shall be achieved to obtain site closure is prescribed by applicable provisions in this chapter and
ch. NR 726.
NR 746.04 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01; corrections in (1) (intro.) and (b) (intro.), (2) (a) and (b) made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register January 2012 No. 673.
NR 746.05(1)(1)
General. In conducting an investigation of a site where petroleum products have discharged from a petroleum storage tank, the responsible person shall meet the requirements of
ch. NR 716 and minimize costs while providing sufficient data necessary for risk assessment screening and decision-making under this section and
ss. SPS 347.337 and
347.339,
ss. NR 746.06,
746.07 and
746.08, and
chs. NR 720,
722 and
726. If a responsible person does not have the expertise and qualifications required under
ch. NR 712 to adequately respond to any of the requirements of this chapter, the responsible person shall retain the services of a qualified consultant to conduct the required work or analysis on behalf of the responsible person.
NR 746.05(2)(a)(a)
General. The data collected by the responsible person during the site investigation shall include, but not be limited to, the following information:
NR 746.05(2)(a)2.
2. The degree and extent of soil contamination and groundwater contamination, if any.
NR 746.05(2)(a)3.
3. Nature and distribution of geologic materials on the site and general hydrogeologic information.
NR 746.05(2)(a)4.
4. The hydraulic conductivities of materials where contaminated groundwater is found, including the downgradient perimeter of the groundwater contaminant plume.
NR 746.05(2)(a)5.
5. Whether the groundwater contaminant plume is contained within low permeability material or extends into permeable material.
NR 746.05(2)(a)6.
6. Whether there is evidence of migration of petroleum product contamination within a utility corridor or a permeable soil layer along which vapors, free product or contaminated water may flow.
NR 746.05(2)(a)7.
7. Whether there is evidence of migration or imminent migration of petroleum product contamination to building foundation drain tile, sumps or other points of entry into buildings.
NR 746.05(2)(b)
(b)
Hydraulic conductivity tests. During the site investigation, or during the gathering of additional information as directed by the agency with administrative authority under
sub. (3), the responsible person shall determine the hydraulic conductivity of materials where contaminated groundwater is found at the site, in conformance with the following requirements:
NR 746.05(2)(b)1.
1. Hydraulic conductivity shall be determined at a monitoring well located within but near the downgradient perimeter of the groundwater contaminant plume unless
subd. 2. is applicable.
NR 746.05(2)(b)2.
2. Notwithstanding the requirements in
subd. 1., the agency with administrative authority for the site may determine that a hydraulic conductivity result from a monitoring well outside of the plume is representative of the hydraulic conductivity of materials within the plume, based on a comparison of monitoring well logs for monitoring wells installed inside and outside of the plume, and that it is not necessary to conduct a hydraulic conductivity test at a monitoring well within the plume.
NR 746.05(3)
(3) Supplemental site investigation information. If the site investigation report was submitted prior to May 18, 2000, supplemental site information that is necessary to make the determinations required under
sub. (1) may be required by the agency with administrative authority. The responsible person shall use existing site data unless the agency with administrative authority for the site determines that the existing site data are insufficient to make the determinations required in
sub. (1). Existing site data may include, but are not limited to, monitoring well development data, monitoring well purging and sampling data, rising and falling head test data, yield test data, pump test data, monitoring well and boring logs, grain size analysis, local and regional geology, subsurface description, depositional environment, expected and actual degree and extent of contamination, or a combination of the data. If a determination is made by the agency with administrative authority for the site that existing site data are insufficient, the responsible person shall then gather the information necessary to make the determinations required under
sub. (1), including determining the hydraulic conductivity of the materials where contaminated groundwater is found at the site in compliance with the requirements of
sub. (2) (b).
NR 746.05(4)(a)(a) Except where
par. (b) is applicable, the responsible person shall collect data during the site investigation to determine whether the groundwater plume margin is expanding. Whenever a responsible person is required by
s. SPS 347.335 (2) to contact the department of safety and professional services to notify the agency that it will not be possible to complete the site investigation for less than $40,000, the responsible person shall submit the notice to both DNR and the department of safety and professional services that summarizes the reasons why the $40,000 cost cap will be exceeded. In the notice, the responsible person shall enumerate which, if any, of the conditions described in
s. NR 746.06 (2) (a),
(g),
(h) and
(i) have been identified at the site.
NR 746.05(4)(b)
(b) For sites where all groundwater contamination is contained within low permeability material, if no evidence is found of groundwater plume margin expansion during the site investigation, and no release of a petroleum product to the soil or groundwater at the site has occurred within the last 10 years, the assumption for agency decision-making on remedial actions, closure and other related decisions shall be that the groundwater plume margin is not expanding.
NR 746.05 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01; corrections in (1), (4) (a) made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register January 2012 No. 673.
NR 746.06(1)
(1)
General. The risk screening criteria in
sub. (2) shall be used by the agency with administrative authority over a specific site for all of the following purposes:
NR 746.06(1)(a)
(a) To determine whether a remedial action shall be required, which could include, but is not limited to, source control and measures to address the risk screening criteria.
NR 746.06(1)(d)
(d) To determine whether the site may be closed, as provided in
s. NR 746.07 or
746.08, at the completion of the site investigation or after remedial action.
NR 746.06(2)
(2) Risk criteria for screening sites. The department of safety and professional services and DNR shall use the following criteria, as provided in
s. NR 746.07 and
746.08 for identifying sites that are eligible for closure:
NR 746.06(2)(a)
(a) None of the following environmental factors are present at the site:
NR 746.06(2)(a)2.
2. Verified contaminant concentration in a private or public potable well that attains or exceeds the preventive action limit.
NR 746.06(2)(a)4.
4. Petroleum product that is not in dissolved phase is present with a thickness of 0.01 feet or more, and has been verified by more than one sampling event.
NR 746.06(2)(a)5.
5. Documented contamination discharges to a surface water or wetland.
NR 746.06(2)(c)
(c) There is no soil contamination within 4 feet of the ground surface that exceeds any of the direct contact soil contaminant concentrations for the substances listed in Table 2.
-
See PDF for table 
NR 746.06(2)(d)
(d) For substances not listed in Table 2 that are present within 4 feet of the ground surface and that have been approved by the agency with administrative authority for the site for analysis as contaminants of concern as defined in
s. NR 720.03 (2), any potential human health risk from direct contact has been addressed.
NR 746.06(2)(e)
(e) Except for the substances listed in Table 2, there is no human health risk from direct contact for a substance listed in Table 1 if the substance's concentration is below the Table 1 soil screening level.
NR 746.06(2)(f)
(f) No release of a petroleum product to the soil or groundwater at the site has occurred within the last 10 years.
NR 746.06(2)(g)
(g) There is no evidence of migration of petroleum product contamination within a utility corridor or within a permeable material or soil along which vapors, free product or contaminated water may flow.
NR 746.06(2)(h)
(h) There is no evidence of migration or imminent migration of petroleum product contamination to building foundation drain tile, sumps or other points of entry into a basement or other enclosed structure where petroleum vapors could collect and create odors or an adverse impact on indoor air quality or where the contaminants may pose an explosion hazard.
NR 746.06(2)(i)
(i) No enforcement standard is attained or exceeded in any groundwater within 1000 feet of a well operated by a public utility, as defined in s.
196.01 (5), Stats., or within 100 feet of any other well used to provide water for human consumption.
NR 746.06 Note
Note: The definition of "public utility" that is found in s.
196.01 (5), Stats., includes, with certain limited exceptions, "every corporation, company, individual, association, their lessees, trustees or receivers appointed by any court, and every sanitary district, town, village or city that may own, operate, manage or control . . . all or any part of a plant or equipment, within the state, for the production, transmission, delivery or furnishing of heat, light, water or power either directly or indirectly to or for the public." This definition includes all wells operated by any entity (city, village, town or private company) that is in the business of distributing water to the public. It would not include wells operated by commercial establishments that conduct some other kind of business (for example, restaurants, bars or golf courses) where the well water is used by the business or by customers of the establishment.
NR 746.06 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01; correction in (2) (intro.) made under s.
13.92 (4) (b) 6., Stats.,
Register January 2012 No. 673.
NR 746.07
NR 746.07
Site closure decisions at the completion of a site investigation. The department of safety and professional services and DNR shall make site closure decisions at the completion of a site investigation based on the following requirements:
NR 746.07(1)
(1) Soil contamination only. A site that only has soil contamination shall be closed, at the completion of a site investigation that complies with the requirements of
ch. NR 716, if the site closure request documents that all of the following requirements have been complied with:
NR 746.07(1)(b)
(b) The requirements of
ch. NR 726 have been satisfied, including the signing and recording of any required deed restriction or deed notice.
