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.
NR 746.07(1)(c)
(c) There is at least a 5-foot separation between the soil contamination and the water table.
NR 746.07(2)
(2) Groundwater contamination within low permeability material. A site that has groundwater contamination within low permeability material 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(2)(c)1.
1. All groundwater contamination is contained within low permeability material and there is at least a 5-foot separation between the contamination in the low permeability material and any underlying or downgradient permeable material.
NR 746.07(2)(c)2.
2. If there is any groundwater contamination within downgradient or underlying permeable material, one of the following requirements is satisfied:
NR 746.07(2)(c)2.a.
a. All groundwater contaminant concentrations in permeable material are below preventive action limits.
NR 746.07(2)(c)2.b.
b. All groundwater contaminant concentrations in permeable material are below enforcement standards and where preventive action limits have been attained or exceeded, a preventive action limit exemption has been granted.
NR 746.07(2)(c)2.c.
c. The requirements of one of the tests listed in
sub. (4) (c) have been satisfied for sites where enforcement standards are attained or exceeded in permeable material.
NR 746.07(3)
(3) Groundwater contamination exceeding preventive action limits, but below enforcement standards, within permeable material. A site that has groundwater contamination that attains or exceeds preventive action limits, but does not attain or exceed enforcement standards, within permeable material, 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(3)(b)
(b) The requirements of
ch. NR 726 have been satisfied, including the signing and recording of any required deed restriction or deed notice.
NR 746.07(4)
(4) Groundwater contamination exceeding enforcement standards within permeable material. A site that has groundwater contamination that attains or exceeds enforcement standards within permeable material shall be closed, at the completion of a site investigation that complies with the requirements of
ch. NR 716, if the site complies with all of the following requirements:
NR 746.07(4)(c)1.
1. There is a minimum of 4 rounds of sampling data that are free of seasonal variation, and those sample results establish, through the use of the Mann-Kendall statistical test that is set forth in Appendix A, that the concentrations of contaminants with confirmed exceedances of enforcement standards are decreasing at the downgradient perimeter and along the centerline of the contaminant plume.
NR 746.07(4)(c)2.
2. For sampling data not free of seasonal variation, an appropriate number and frequency of sampling rounds has been conducted consistent with the requirements of Appendix A, and the sample results establish, through the use of the Mann-Whitney U statistical test that is set forth in Appendix A, that the concentrations of contaminants with confirmed exceedances of enforcement standards are decreasing at the downgradient perimeter and along the centerline of the contaminant plume.
NR 746.07 Note
Note: In compliance with s.
160.21 (2) (a), Stats., s.
NR 140.22 (2) (b) establishes the point of standards application to determine whether an enforcement standard has been attained or exceeded, for facilities, practices or activities that do not have an established design management zone, as "any point of present groundwater use and any point beyond the boundary of the property on which the facility, practice or activity is located and s.
NR 140.22 (2) (c) establishes a point of standards application for "discharges, releases, sites or facilities" regulated under s.
292.11 or
292.31, Stats. (among other statutes) as "every point at which groundwater is monitored." Groundwater contaminant concentrations at points of standards application have been taken into account in the development of the risk screening criteria in s.
NR 746.06 (2) and the closure requirements in s.
NR 746.07 and
746.08.
NR 746.07(5)
(5) Closure under ch. nr 726. If the agency with administrative authority for a site determines that the site does not comply with the requirements of this section or
s. NR 746.08, closure may still be granted on a case-by-case basis in compliance with the requirements of
ch. NR 726.
NR 746.07(6)
(6) Additional remedial action. If closure is not granted, the responsible person shall conduct additional remedial action in compliance with
chs. NR 140 and
700 to
726.
NR 746.07 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01; correction in (intro.) made under s.
13.92 (4) (b) 6., Stats.,
Register January 2012 No. 673.
NR 746.08
NR 746.08
Site closure decisions after remedial action to address one or more of the risk screening criteria. The department of safety and professional services and DNR shall make site closure decisions after remedial action to address one or more of the risk screening criteria based on the following requirements:
NR 746.08(1)
(1) Soil contamination only. A site that has residual contamination only in soil shall be closed without requiring any additional remedial action other than natural attenuation monitoring, if the site closure request documents that all of the following requirements have been complied with:
NR 746.08(1)(a)
(a) A site investigation that complies with the requirements of
ch. NR 716 has been conducted.
NR 746.08(1)(c)
(c) The requirements of
ch. NR 726 have been satisfied, including the signing and recording of any required deed restriction or deed notice.
NR 746.08(1)(d)
(d) There is at least a 5-foot separation between the soil contamination and the water table.
NR 746.08(2)
(2) Groundwater contamination within low permeability material. A site that has groundwater contamination within low permeability material shall be closed if the site closure request documents that all of the following requirements have been complied with:
NR 746.08(2)(a)
(a) A site investigation that complies with the requirements of
ch. NR 716 has been conducted.
NR 746.08(2)(d)1.
1. All groundwater contamination is contained within low permeability material and there is at least a 5-foot separation between the contamination in the low permeability material and any underlying or downgradient permeable material.
NR 746.08(2)(d)2.
2. If there is any groundwater contamination within downgradient or underlying permeable material, one of the following requirements is satisfied:
NR 746.08(2)(d)2.a.
a. All groundwater contaminant concentrations in permeable material are below preventive action limits.
