NR 718.02(1)(b)1.
1. Contains materials other than contaminated soil and is excavated during a response action conducted pursuant to
chs. NR 700 to
754, at sites or facilities subject to regulation under s.
289.67, Stats., or
ch. 292, Stats., or sites where remedial action is being taken by a person who is seeking the liability exemption under s.
292.15, Stats.;
NR 718.02(1)(b)3.
3. Is replaced at the same site or facility from which it was excavated.
NR 718.02(2)
(2) This chapter does not apply to landspreading facilities regulated under
ch. NR 518 (solid waste),
NR 204 (wastewater), or
ATCP 40 (fertilizer waste).
NR 718.02 Note
Note: Responsible parties may also be subject to local requirements governing contaminated materials management.
NR 718.02 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; am. (1) (a) 1., (b) 1.,
Register, February, 1996, No. 482, eff. 3-1-96; corrections in (1) (a) 1. and (b) 1. made under s. 13.93 (2m) (b) 7., Stats.,
Register, March, 2001, No. 543; corrections in (1) (a) 2. and (b) 2. made under s. 13.93 (2m) (b) 7., Stats.,
Register September 2007 No. 621;
CR 12-023: am. (1) (a) 1., 2., (b) 1., 2. Register October 2013 No. 694, eff. 11-1-13.
NR 718.03
NR 718.03 Definitions. In this chapter:
NR 718.03(1)
(1) “Berm" means a ridge of clean, compacted cohesive soil or impervious material constructed to withstand and control the movement of liquids.
NR 718.03(2)
(2) “Bioremediation" means degradation of contaminants by microbes.
NR 718.03(3)
(3) “Boundaries of a landspreading facility" means the outer edges of the area on which contaminated soil has been spread at a landspreading facility.
NR 718.03(4)
(4) “Commercial treatment unit or facility" means a unit or facility that is operated for a profit by entities that are paid for providing the service. The term does not apply to a unit or facility operated by several responsible parties who pay a share of jointly incurred expenses, including consultant fees.
NR 718.03 Note
Note: The use of leased vehicles or other equipment does not make a treatment unit commercial.
NR 718.03(5)
(5) “Contaminated soil" means soil which contains one or more hazardous substances or environmental pollution and which is not a hazardous waste as defined in
s. NR 660.10 (52) or
42 USC 6901 to
6991, as amended.
NR 718.03 Note
Note: Section
NR 116.03 (16) defines “floodplain" to mean “that land which has been or may be covered by floodwaters during the regional flood. The floodplain includes the floodway, floodfringe, shallow depth flooding, flood storage and coastal floodplain areas."
NR 718.03 Note
Note: Section
NR 500.03 (121) defines “landspreading facility" to mean “a land disposal facility where solid waste is discharged, deposited, placed or injected in thin layers onto the land surface of the facility, or is incorporated into the top several feet of the surface soil, for agricultural, silvicultural or waste disposal purposes".
NR 718.03 Note
Note: Section
NR 500.03 (123) defines “leachate" to mean “water or other liquid that has percolated through or contacted solid waste or gases generated by solid waste."
NR 718.03(9)
(9) “Light petroleum products" means gasoline, diesel fuel, no. 1 or no. 2 fuel oil, kerosene, aviation gasoline, jet fuel, or a mixture of 2 or more of these materials.
NR 718.03(10)
(10) “Monitoring" means a systematic method of collecting and reporting chemical and other data from contaminated media.
NR 718.03(11)
(11) “Single-application landspreading" means landspreading where contaminated soil from only one remedial action site is all the contaminated soil that is ever applied onto an area of a property.
NR 718.03(12)
(12) “Storage" means placement of solid waste on a temporary basis in a manner that does not constitute disposal of solid waste.
NR 718.03(13)
(13) “Volatilization" means removal of contaminants from soil or other media by evaporation.
NR 718.03 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; renum. (3) to (9) to be (4), (5), (6), (8), (10), (12) and (13), cr. (3), (7), (9) and (11),
Register, December, 1998, No. 516, eff. 1-1-99; correction in (5) made under s. 13.93 (2m) (b) 7., Stats.,
Register September 2007 No. 621;
CR 12-023: am. (5), (8) Register October 2013 No. 694, eff. 11-1-13. NR 718.05
NR 718.05 Storage of excavated contaminated soil. NR 718.05(1)(1)
Exemption from solid waste program requirements. Sites or facilities where less than 2,500 cubic yards of excavated contaminated soil are stored by responsible parties for a period not to exceed 6 months, in accordance with all of the requirements of this section, are exempt from the solid waste program requirements for the storage of contaminated soil in
ch. 289, Stats., and
chs. NR 500 to
538.
NR 718.05 Note
Note: This section does not apply to sites or facilities where more than 2,500 cubic yards of excavated contaminated soil are stored or where storage of contaminated soil exceeds 6 months. This section also does not apply to the storage by responsible parties of excavated contaminated soil at sites or facilities that are licensed solid waste storage facilities.
NR 718.05(2)
(2) General storage requirements. Except as provided in
sub. (3) or
(4), the requirements in this subsection apply to the storage by responsible parties of excavated contaminated soil at sites or facilities that are not licensed solid waste storage facilities.
NR 718.05(2)(a)
(a) Location standards. Responsible parties may store contaminated soil at a site or facility in accordance with the requirements of this section, except if the storage area will be located in one of the areas specified in
subds. 1. through
4., or if an exemption is issued by the department pursuant to
par. (b).
NR 718.05(2)(a)3.
3. Within 300 feet of any navigable river, stream, lake, pond or flowage.
NR 718.05(2)(a)4.
4. Within 100 feet of any water supply well for on-site storage or within 300 feet of any water supply well for off-site storage.
NR 718.05(2)(b)
(b) Exemptions from location standards. Responsible parties may store contaminated soil in a location listed in
par. (a) if the department has granted a written exemption from that location standard, after considering all of the following:
NR 718.05(2)(b)2.
2. The geology and hydrogeology of the area, including information from well logs and well construction records for nearby wells.
NR 718.05(2)(b)3.
3. The unavailability of other environmentally suitable alternatives.
NR 718.05(2)(b)5.
5. The threat to public health, safety, or welfare or the environment.
NR 718.05(2)(c)
(c) Impervious base. Responsible parties shall place contaminated soil on base material impervious to the contaminant and to water, such as concrete, asphalt, plastic sheeting or an impervious construction fabric.
NR 718.05(2)(d)
(d) Cover and anchoring. Responsible parties shall ensure that all contaminated soil in a storage area is sloped and graded to eliminate depressions in the surface and is covered. The cover shall be in place at all times when the soil is not being transferred. The cover shall be constructed and maintained in accordance with all of the following requirements:
NR 718.05(2)(d)1.
1. The cover shall be constructed of an impervious material, such as plastic sheeting, impervious construction fabric, or another flexible impervious material. The cover shall be formulated to resist degradation by ultraviolet light.
NR 718.05(2)(d)2.
2. The cover material shall be anchored in place, by means such as weights, ropes, cables, cords, chains or stakes to prevent the contaminated soil from being exposed.
NR 718.05(2)(e)
(e) Surface water control. Responsible parties shall construct a storage area to prevent surface water contact with the soil, including the construction of berms if necessary. Any water which has been in contact with contaminated soil shall be contained and may be replaced in the storage pile, or shall be collected and treated as leachate as required by
chs. NR 500 to
538.
NR 718.05(2)(g)
(g) Inspections. Unless otherwise directed by the department, responsible parties shall ensure that contaminated soil storage piles are inspected at least once every 30 days, and shall immediately repair or replace any base, cover, anchoring and berm materials that do not meet the requirements of this subsection. Responsible parties shall also ensure that a written log is maintained which includes the inspection dates, name of the inspector, the condition of the storage pile at the time of the inspection and any repairs that were made.
NR 718.05(2)(h)
(h) Notification that soil is being transported to another property. Responsible parties shall notify the department in writing if excavated contaminated soil is transported for storage to a property other than that from which it was excavated. Notification shall be made within 3 days after the first day that contaminated soil is transported to another property and shall include all of the following:
NR 718.05(2)(h)1.
1. The name, address and telephone number of the person who owns the site or facility from which the soil originated.
NR 718.05(2)(h)3.
3. The hazardous substances and environmental pollution present in the soil.
NR 718.05(2)(h)5.
5. The address and location by quarter–quarter section, township, range and county, geographic position determined in accordance with the requirements of
s. NR 716.15 (5) (d), and the latitude and longitude of the property from which the soil was excavated.
NR 718.05(2)(h)6.
6. The name, address and telephone number of the person who owns the property where the soil is stored.
NR 718.05(2)(h)7.
7. The address and location by quarter–quarter section, township, range and county, geographic position determined in accordance with the requirements of
s. NR 716.15 (5) (d), and the latitude and longitude of the property where the soil is stored.
NR 718.05(2)(i)
(i) Notification of storage for 90 days or more. Responsible parties shall notify the department in writing if contaminated soil is stored for 90 days or more either on-site or off-site, within 3 business days after the ninetieth day. Notification shall include all of the following:
NR 718.05(2)(i)3.
3. The hazardous substances or environmental pollution present in the soil.
NR 718.05(2)(i)5.
5. The address and location by quarter–quarter section, township, range and county, geographic position determined in accordance with the requirements of
s. NR 716.15 (5) (d), and the latitude and longitude of the property where the soil is stored.
NR 718.05(3)
(3) Requirements for temporary stockpiles. Sites or facilities where responsible parties temporarily store up to 2,500 cubic yards of excavated contaminated soil for 15 days or less, for the purpose of loading the soil into transfer vehicles or treatment units, are exempt from regulation under
ch. 289, Stats., and
chs. NR 500 to
538 and are not subject to the general storage requirements in
sub. (2) if the soil is stored in accordance with all of the following requirements:
NR 718.05(3)(a)
(a) The entire soil pile shall be located within 500 feet of the excavation from which the contaminated soil was removed, or within 1,000 feet of the excavation from which the contaminated soil was removed if the soil is stored on the same property from which it was excavated.
NR 718.05(3)(b)
(b) The same contaminated soil shall not be stored for more than 15 days.
NR 718.05(3)(c)
(c) All contaminated soil shall be placed on base material impervious to contaminants in the soil and to water, such as concrete, asphalt, plastic sheeting or impervious construction fabrics.
NR 718.05(3)(d)
(d) Surface water contact with the contaminated soil shall be prevented, including the construction of berms if necessary, to control surface water movement.
NR 718.05(3)(e)
(e) The contaminated soil shall be covered when it is not being moved, with a cover material sufficient to prevent infiltration of precipitation and to inhibit volatilization of soil contaminants.
NR 718.05(4)
(4) Requirements for containerized storage. Sites or facilities where responsible parties store up to 2,500 cubic yards of excavated contaminated soil for 6 months or less in containers or in buildings are exempt from regulation under
ch. 289, Stats., and
chs. NR 500 to
538, and are not subject to the general storage requirements in
sub. (2), if the contaminated soil is stored in accordance with all of the following requirements:
NR 718.05(4)(a)
(a) Containers and buildings shall be designed, constructed and maintained to prevent leakage, infiltration of precipitation and volatilization of soil contaminants to the ambient atmosphere.
NR 718.05(4)(b)
(b) Containers shall be labeled and buildings shall have a sign posted in accordance with the requirements of
s. NR 714.07 (4).
NR 718.05(4)(c)
(c) Contaminated soil may not be stored in containers or buildings for more than 6 months, without the prior written approval of the department.
NR 718.05 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; corrections in (1), (2) (e), (3) (intro.) and (4) (intro.) made under s.
13.92 (4) (b) 7, Stats.,
Register February 2010 No. 650;
CR 12-023: am. (2) (f), (h) 5., 7., (i) 5., (4) (b) Register October 2013 No. 694, eff. 11-1-13. NR 718.07
NR 718.07 Transportation of excavated contaminated soil. NR 718.07(1)(1) Except where
sub. (2) is applicable, a solid waste collection and transportation service operating license is required under
s. NR 502.06 whenever excavated contaminated soils are transported.
NR 718.07(2)
(2) Responsible parties may transport excavated contaminated soil in vehicles that they own without a solid waste collection and transportation service operating license regardless of the number and size of loads, if the excavated contaminated soil is hauled to a site or facility in compliance with the requirements of this chapter or to a licensed solid waste storage, treatment or disposal facility. Responsible parties shall cover contaminated soil, as necessary, to prevent the loss of any material during transport.
NR 718.07 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94.
NR 718.09
NR 718.09 Treatment of excavated contaminated soil. NR 718.09(1)(1)
General. If excavated contaminated soil is treated at a non-commercial treatment unit or facility and the treatment unit or facility is operated by the responsible parties in compliance with the requirements of this chapter, that site or facility is exempt from solid waste program requirements for the treatment of the contaminated soil in
ch. 289, Stats., and
chs. NR 500 to
538, except where solid waste program requirements are specifically referenced in this section. If contaminated soil is incorporated into hot-mix asphalt in accordance with
sub. (5), the asphalt plant is exempt from solid waste program requirements for treatment of contaminated soil found in
ch. 289, Stats., and
chs. NR 500 to
538, except where solid waste program requirements are specifically referenced in this section. If excavated soil contaminated solely with light petroleum products or light petroleum products in combination with agricultural chemicals regulated by the department of agriculture trade and consumer protection under s.
94.73, Stats., is treated by the responsible parties at a single-application landspreading facility in compliance with
sub. (8), that landspreading facility is exempt from solid waste program requirements for the treatment of the contaminated soil in
ch. 289, Stats., and
chs. NR 500 to
538, except where solid waste program requirements are specifically referenced in this section. Commercial treatment units or facilities, hot-mix asphalt plants where contaminated soil is treated by means other than incorporation into the asphalt mix, and thermal treatment units or facilities are required to be licensed under
ch. 289, Stats., and
chs. NR 500 to
538, and are not exempt under this section.
NR 718.09 Note
Note: Treatment of contaminated soil that has not been excavated is not regulated as solid waste treatment under ch.
289, Stats., and chs.
NR 500 to
538. Design, operation and maintenance requirements for the treatment of unexcavated contaminated soil are established in ch.
NR 724.
NR 718.09(2)(a)(a) Unless approved under
chs. NR 400 to
499,
chs. NR 500 to
538 where applicable, or
par. (b), responsible parties may not treat excavated contaminated soil in any of the following locations:
NR 718.09(2)(a)3.
3. Within 300 feet of any navigable river, stream, lake, pond or flowage.
NR 718.09(2)(a)4.
4. Within 100 feet of any on-site water supply well or 300 feet of any off-site water supply well.
NR 718.09(2)(b)
(b) Responsible parties may treat contaminated soil in a location listed in
par. (a) if the department has granted a written exemption from that location standard, after considering all of the following:
