NR 716.09(3)(a)(a) The department may instruct responsible parties to proceed without departmental review of work plans submitted under this section.
NR 716.09(3)(b) (b) Responsible parties that are not instructed to proceed under par. (a) shall wait before initiating the field investigation until the department has approved or conditionally approved the work plan, except that if the department has not reviewed the work plan within 30 days after its receipt by the department, the responsible parties shall proceed with the field investigation.
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 Note Note: The department will only provide an approval if a review was requested, and the appropriate fee was submitted.
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; CR 12-023: am. (1), (2) (a), (f) 3., 5., 8., (g), (3) (b) Register October No. 694, eff. 11-1-13.
NR 716.11 NR 716.11Field investigation.
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(2g) (2g) The field investigation shall be initiated within 90 days of submittal of the work plan.
NR 716.11(2r) (2r) In cases where the responsible party pays a fee for department review of the work plan, the field investigation shall be initiated within 60 days after department approval of the work plan.
NR 716.11 Note Note: The intent of this subsection is to be able to measure that progress is being made toward conducting a site investigation. Initiation may include preparatory measures to conducting the actual fieldwork.
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.
NR 716.11(3)(d) (d) Provide an estimate, along with all necessary supporting information, of the mass of contamination in the source area. This includes sites involving free product or where natural attenuation is considered for part of the remedy.
NR 716.11 Note Note: Methods and examples for estimating mass in the source zone, can be found in the following guidances: RR 699, Understanding Chlorinated Hydrocarbon Behavior in Groundwater: Investigation, Assessment and Limitations of Monitored Natural Attenuation at http://dnr.wi.gov/files/PDF/pubs/rr/RR699.pdf; and RR 614, Guidance on Natural Attenuation for Petroleum Releases, at http://dnr.wi.gov/files/PDF/pubs/rr/RR614.pdf.
NR 716.11 Note Note: The intent of this paragraph is to address situations where a discrete area indicates a release of a hazardous substance. It is not intended for situations where there is no discrete source area, such as when there is area-wide contamination from aerial deposition, or widespread areas of fill such as foundry ash.
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)(b) (b) The impacts of the contamination upon receptors.
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(5)(e) (e) The extent of contamination in the source area, in soil and saturated materials, and in groundwater.
NR 716.11 Note Note: The intent of this requirement is to collect samples in the general area where the contaminant was released, where the concentrations are generally expected to be the greatest, and to determine the presence of non-aqueous phase liquids, including samples from the smear zone. For further information on the smear zone, copies of the department's guidance "Smear Zone Contamination" may be obtained by accessing the following web site: http://dnr.wi.gov/files/PDF/pubs/rr/RR712.pdf or from any regional office of the department, or by writing to the Department of Natural Resources, Bureau for Remediation and Redevelopment, P. O. Box 7921, Madison, Wisconsin 53707. This requirement is not intended to address sampling of landfill waste materials. In cases where clean soils exist between shallower contaminated soil, and groundwater, groundwater still needs to be assessed.
NR 716.11(5)(f) (f) The extent, both vertically and horizontally, of groundwater contamination. Piezometers shall be used to determine the vertical extent of contamination, as appropriate to the situation.
NR 716.11 Note Note: The use of piezometers may not be appropriate for all situations, including at the source area, or where a documented upward gradient exists downgradient of a source area.
NR 716.11(5)(g) (g) The presence and concentration of vapors sub-slab, when investigation of soil, soil gas or groundwater indicates that vapors may migrate to the foundation of an occupied building, taking into account the biodegradability of vapors, preferential pathways of vapor movement, or other physical or chemical factors affecting vapor movement into occupied buildings.
NR 716.11(5)(h) (h) The presence and concentration of vapors in indoor air, when it is necessary to determine the impact on an occupied structure considering applicable attenuation factors, land use, building size and other site-specific factors that affect exposure to vapor.
NR 716.11 Note Note: Indoor air samples are expected to be collected and analyzed in most cases where vapor migration into an occupied residential setting is likely. A residential setting may include single or multiple family housing, and educational, childcare, and elder care facilities. Sampling and analysis is conducted to determine levels of the contaminants of concern. Indoor air sampling is not recommended in locations where the contaminant of concern is currently used in commercial or industrial operations.
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(7) (7) Responsible parties shall label all drums containing investigative wastes, including drill cuttings and purge water, with the Bureau for Remediation and Redevelopment Tracking System activity number for the site, the site name, boring or well number, initial date of collection, and the contents.
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; CR 12-023: cr. (2g), (2r), am. (3) (c), cr. (3) (d), (5) (e) to (h), (7) Register October No. 694, eff. 11-1-13.
NR 716.13 NR 716.13Sampling 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 (17) to confirm the nature and extent and evaluate the impacts of contamination, if a field investigation is required under s. NR 716.11 (1). Analytical methods used shall be suitable for the matrix, type of analyte, expected level of analyte, regulatory limit, and potential interferences in the samples to be tested.
NR 716.13(2) (2) All chemical and physical analyses for which accreditation is available under ch. NR 149 shall be conducted by a laboratory accredited under ch. NR 149.
NR 716.13(3) (3) 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(4) (4) 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(5) (5) Maximum holding times for soils shall be in accordance with the sampling method, sample storage container, and analytical methods used.
NR 716.13(6) (6) 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(6)(a) (a) Chain of custody shall be documented from the time of sample collection to the receipt of the sample by the analytical laboratory. Chain of custody documentation shall be in compliance with ch. NR 149, and shall be submitted to the department with the sample results.
NR 716.13(6)(b) (b) For soil samples, one temperature blank for every shipping container of samples that require cooling for preservation, unless samples are received by the laboratory on ice, unless another temperature is required by the analytical method used.
NR 716.13(6)(c) (c) For water samples:
NR 716.13(6)(c)1. 1. One replicate sample for every 10 or less samples.
NR 716.13(6)(c)2. 2. One equipment blank for every 10 or less samples, unless dedicated sampling equipment is used to prevent cross-contamination.
NR 716.13(6)(c)3. 3. One trip blank for each shipping container that contained volatile samples.
NR 716.13(6)(c)4. 4. One temperature blank for every shipping container of samples that require cooling for preservation, unless samples are shipped on ice.
NR 716.13(6)(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(7) (7) 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(7)(a) (a) Procedures for sampling and all other routine activities associated with the site investigation.
NR 716.13(7)(b) (b) A log of all routine and non-routine maintenance and calibrations performed on all instruments used during the field investigation.
NR 716.13(7)(c) (c) Field notes describing in detail the sequence of activities that took place during the field investigation.
NR 716.13(8) (8) For soil and water samples, the reporting limit for volatile organic compound analysis and petroleum volatile organic compound analysis shall be the method detection limit for the analytical method used. If the results are less than the method detection limit, the results shall be reported as less than the method detection limit, rather than no detect. Qualifiers used for the data shall also be reported.
NR 716.13 Note Note: Section NR 140.16 (2) (c) requires that the analytical method selected meet one of the following criteria: 1) has a limit of detection and limit of quantitation below the preventive action limit or 2) produces the lowest available limit of detection and limit of quantitation if the limit of detection and limit of quantitation are above the preventive action limit. In addition, s. NR 140.14 (3) specifies whether a standard has been attained or exceeded if a preventive action limit or enforcement standard is equal to or less than the limit of quantitation.
NR 716.13 Note Note: Chapter NR 720 specifies whether a soil cleanup standard has been exceeded if the standard is at or below the limit of quantitation.
NR 716.13(9) (9) 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(10) (10) Responsible parties shall ensure that groundwater samples are collected and handled according to the procedures specified in s. NR 140.16 (1), 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 ch. NR 149 Appendix III, or an alternate test procedure approved by the U.S. EPA, or, if the department determines that an appropriate procedure is not available, from another source. Alternative procedures may include the most recent published method, or an older published version deemed acceptable by the department on the basis of the objectives of the data collection. Responsible parties shall select an analytical method that is suitable for the matrix, type of analyte, expected level of analyte, regulatory limit, and potential interferences in the sample to be tested.
NR 716.13 Note Note: Examples of suitable analytical methods for VOCs and PVOCs in groundwater include EPA methods 5030B/8260B, EPA Method 8310 or 8270C-SIM or 8270D-SIM for PAHs, EPA method 3510C/8082A or 3520C/8082A for PCBs, EPA Method 3020A/6020A or 3010A/6020A for Pb, EPA Method 3020A/6020A for Cd, and EPA Method 1664 (Revision B) for oil and grease.
NR 716.13(11) (11) Soil samples collected for analysis of volatile organic compounds for compliance with chs. NR 700 to 754 shall be preserved immediately after collection to minimize volatilization of contaminants from the sample to the greatest extent possible. Preservation techniques used shall be according to the analytical method to be used. Sampling techniques shall be used that minimize volatilization from the sample. Extraction techniques shall be according to the analytical method selected. Analytical methods used shall be suitable for the matrix, type of analyte, expected level of analyte, regulatory limit, and potential interferences in the samples to be tested.
NR 716.13 Note Note: Suitable preservation, extraction and analytical methods include those found in method SW 5035A in “Test Methods for Evaluating Solid Waste (SW-846)," and in the “Modified GRO, Method for Determining Gasoline Range Organics" (GRO for screening purposes). Other techniques may be found in the List of Authoritative Sources, ch. NR 149 Appendix III.
NR 716.13(12) (12) Responsible parties shall ensure that other samples taken for analysis are collected, handled and analyzed according to the procedures specified in “SW–846: Test Methods for Evaluating Solid Waste", “The Third Edition of SW 846, as amended by Final Updates I, II, IIA, IIB, III, IIIA, IIIB, and IV," 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 ch. NR 149 Appendix III, 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 ch. NR 149 Appendix III, 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 revisor of statutes. Copies may be obtained from the Government Printing Office, Room 190, Federal Building, 517 East Wisconsin Avenue, Milwaukee, WI 53202 and may be accessed at the following web site: http://www.epa.gov/epaoswer/hazwaste/test/main.htm. Other suitable procedures may include revised SW-846 methods found at the EPA Office of Solid Waste Methods Web Site,
NR 716.13(13) (13) Responsible parties shall collect samples and provide an analysis for the geochemical indicators and parameters, where natural attenuation is potentially a remedy or part of a remedy. These may include dissolved oxygen, nitrate, dissolved manganese, total and ferrous iron, sulfate and methane, alkalinity, oxidation reduction potential, pH, temperature, and conductivity.
NR 716.13(14)(a)(a) Responsible parties shall inspect monitoring wells installed for field investigations conducted under this chapter at least annually to verify the integrity of the well labels, lock and seal, and to determine whether the wells 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(14)(b) (b) Flush mounted wells shall include a magnet placed in the void between the cover and the annular space seal. In cases where flush-mounted wells are not used, wells installed in areas potentially subject to damage from vehicle traffic shall include appropriate protective traffic posts next to the well.
NR 716.13 Note Note: Traffic posts can vary in design. Normally, properly anchored concrete filled metal posts should be used to protect wells. The magnet may aid in locating wells for abandonment.
NR 716.13(15) (15) 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 Note Note: Section NR 141.065 (2) requires that the top of the well casing be referenced to the nearest benchmark for the national geodetic survey datum to an accuracy of 0.01 feet.
NR 716.13(16) (16) 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. Private and public water supply wells to be sampled shall include:
NR 716.13(16)(a) (a) Those wells that are known or suspected to be affected by the groundwater contamination.
NR 716.13(16)(b) (b) Other wells that the department determines have the potential to be affected by the groundwater contamination.
NR 716.13(17) (17) 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 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; CR 12-023: r. and recr. Register October No. 694, eff. 11-1-13.
NR 716.14 NR 716.14Sample results notification requirements.
NR 716.14(1)(1)Samples from water supply wells. Responsible parties shall report all water supply well sampling results to the department and to the well owner, and occupant as applicable, within 10 business days after receiving the sampling results. The report to the department shall include the Wisconsin unique well number for drinking water wells, 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. The responsible party shall notify both the remediation and redevelopment project manager and the regional drinking and groundwater specialist or water supply engineer of all water supply well sample results.
NR 716.14 Note Note: The appropriate remediation and redevelopment project manager can be determined for the site in question at http://dnr.wi.gov/topic/Brownfields/documents/rr/county.pdf The appropriate regional drinking and groundwater specialist or water supply engineer can be determined by viewing the staff listing at http://dnr.wi.gov/topic/DrinkingWater/contact.html.
NR 716.14 Note Note: The department will provide information to well owners of the results of sampling in accordance with manual code 4822.1.
NR 716.14(2) (2)Samples from other media. Responsible parties shall report all sampling results other than those for water supply wells, to the department and to the property owner, and occupants as appropriate, of the property from which the samples were collected, including the source property owner if the person conducting the investigation is not the property owner, within 10 business days of receiving the sample results.
NR 716.14(2)(a) (a) The report to the department shall include a preliminary analysis of the cause and significance of any contaminant concentrations observed in the sample, a list of names and addresses of those receiving a sampling notification, and the date of the sampling event and mailing.
NR 716.14(2)(b) (b) The written notification to an affected property owner, and occupant as appropriate, shall include information about how additional information may be obtained, in accordance with s. NR 714.05 (5). The department may waive the notification of occupants in limited situations, upon request.
NR 716.14(2)(c) (c) In addition, the notification to the property owners, and occupants as appropriate, shall include all the following information, in a letter or using a form provided by the department:
NR 716.14(2)(c)1. 1. Responsible party name, address, and phone number.
NR 716.14(2)(c)2. 2. Site name and source property address.
NR 716.14(2)(c)3. 3. Department BRRTS number.
NR 716.14(2)(c)4. 4. Department contact person name and phone number.
NR 716.14(2)(c)5. 5. Reason for sampling, which may include routine sampling, and sampling to determine an immediate health concern, including the ingestion, inhalation, and dermal contact pathways.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.