SPS 346.06(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. SPS 346.07 and
346.08 for identifying sites that are eligible for closure:
SPS 346.06(2)(a)
(a) None of the following environmental factors are present at the site:
SPS 346.06(2)(a)2.
2. Verified contaminant concentration in a private or public potable well that attains or exceeds the preventive action limit.
SPS 346.06(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.
SPS 346.06(2)(b)
(b) No soil contamination is present at the site that exceeds any of the soil screening levels in Table 1.
Table 1
SPS 346.06(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.
Table 2
Protection of Human Health from Direct Contact with
Contaminated Soil
-
See PDF for table 
SPS 346.06(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.
SPS 346.06(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.
SPS 346.06(2)(f)
(f) No release of a petroleum product to the soil or groundwater at the site has occurred within the last 10 years.
SPS 346.06(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.
SPS 346.06(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.
SPS 346.06(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.
SPS 346.06 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.
SPS 346.06 History
History: Cr.
Register, February, 2001, No. 542, eff. 3-1-01; reprinted to correct error in Table 1,
Register, March, 2001, No. 543; correction in (1) (d), (2) (intro.) made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register December 2011 No. 672.
SPS 346.07
SPS 346.07
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:
SPS 346.07(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:
SPS 346.07(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.
SPS 346.07(1)(c)
(c) There is at least a 5-foot separation between the soil contamination and the water table.
SPS 346.07(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:
SPS 346.07(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.
SPS 346.07(2)(c)2.
2. If there is any groundwater contamination within downgradient or underlying permeable material, one of the following requirements is satisfied:
SPS 346.07(2)(c)2.a.
a. All groundwater contaminant concentrations in permeable material are below preventive action limits.
SPS 346.07(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.
SPS 346.07(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.
SPS 346.07(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:
SPS 346.07(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.
SPS 346.07(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:
SPS 346.07(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.
SPS 346.07(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.
SPS 346.07 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.
SPS 346.06 (2) and the closure requirements in ss.
SPS 346.07 and
346.08.
SPS 346.07(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. SPS 346.08, closure may still be granted on a case-by-case basis in compliance with the requirements of
ch. NR 726.
SPS 346.07(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.
SPS 346.07 History
History: Cr.
Register, February, 2001, No. 542, eff. 3-1-01; correction in (1) (intro.), (a), (2) (a), (3) (a), (4) (a), (5) made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register December 2011 No. 672.
SPS 346.08
SPS 346.08
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:
SPS 346.08(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:
SPS 346.08(1)(a)
(a) A site investigation that complies with the requirements of
ch. NR 716 has been conducted.
SPS 346.08(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.
SPS 346.08(1)(d)
(d) There is at least a 5-foot separation between the soil contamination and the water table.
SPS 346.08(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:
SPS 346.08(2)(a)
(a) A site investigation that complies with the requirements of
ch. NR 716 has been conducted.
SPS 346.08(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.
SPS 346.08(2)(d)2.
2. If there is any groundwater contamination within downgradient or underlying permeable material, one of the following requirements is satisfied:
SPS 346.08(2)(d)2.a.
a. All groundwater contaminant concentrations in permeable material are below preventive action limits.
SPS 346.08(2)(d)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.
SPS 346.08(2)(d)2.c.
c. The requirements of one of the tests listed in
sub. (4) (d) have been satisfied for sites where enforcement standards are attained or exceeded in permeable material.
SPS 346.08(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 if the site closure request documents that all of the following requirements have been complied with:
SPS 346.08(3)(a)
(a) A site investigation that complies with the requirements of
ch. NR 716 has been conducted.
SPS 346.08(3)(c)
(c) The requirements of
ch. NR 726 have been satisfied, including the signing and recording of any required deed restriction or deed notice.
SPS 346.08(3)(d)
(d) The site has been granted a preventive action limit exemption.
SPS 346.08(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 if the site closure request documents that all of the following requirements have been complied with:
SPS 346.08(4)(a)
(a) A site investigation that complies with the requirements of
ch. NR 716 has been conducted.
SPS 346.08(4)(d)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.
SPS 346.08(4)(d)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.
SPS 346.08(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. SPS 346.07, closure may still be granted on a case-by-case basis in compliance with the requirements of
ch. NR 726.
SPS 346.08(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.
SPS 346.08 History
History: Cr.
Register, February, 2001, No. 542, eff. 3-1-01; correction in (intro.), (1) (b), (2) (b), (3) (b), (4) (b), (5) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 346.09
SPS 346.09
Remediation and remediation funding for conditionally closed sites. SPS 346.09(1)
(1) Additional remedial action, other than natural attenuation, may not be required at sites that are eligible for closure under
s. SPS 346.07 or
346.08, unless the agency with administrative authority for the site determines that an actual or potential risk to public health, safety or welfare or the environment exists.
SPS 346.09(2)
(2) Funding under s.
101.143, Stats., shall be terminated by the department of safety and professional services for sites that are eligible for closure under
s. SPS 346.07 or
346.08, even if a groundwater use restriction, deed restriction or deed notice is not signed and recorded for one or more properties, and the site shall be ineligible for additional reimbursement except for post-closure costs that are otherwise eligible for reimbursement under
ch. SPS 347.
SPS 346.09(3)
(3) Sites requiring no action under this chapter other than the signing and recording of a groundwater use restriction, deed restriction or deed notice shall be classified for tracking purposes as "conditionally closed," which means that a closure application has been submitted and the site will be closed when the conditions are satisfied.
SPS 346.09 History
History: Cr.
Register, February, 2001, No. 542, eff. 3-1-01; correction in (1), (2) made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register December 2011 No. 672.
SPS 346.10
SPS 346.10
Tracking of remediation progress. By no later than January 1, 2001, and annually thereafter, responsible persons shall submit an annual report to the agency with administrative authority for the site, as required by s.
101.143 (2) (i) 2., Stats., with a summary of all monitoring data that have been collected, the status of remediation that has been conducted to date and an estimate of the additional costs that must be incurred to achieve site closure.
SPS 346.10 History
History: Cr.
Register, February, 2001, No. 542, eff. 3-1-01.
SPS 346.11
SPS 346.11
Classification and transfer of sites.
