(1)
Responsible parties shall conduct a field
investigation as part of each site investigation required under this chapter,
unless the department directs otherwise.
(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.
(2g)The
field investigation shall be initiated within 90 days of submittal of the work
plan.
(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.
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.
(3)The
purposes of the field investigation shall be to:
(a) Determine the nature, degree and extent,
both areal and vertical, of the hazardous substances or environmental pollution
in all affected media.
(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.
(c) Provide sufficient
information to determine the hydraulic conductivity of materials where
contaminated groundwater is found.
(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.
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.
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.
(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.
(5)The field investigation shall include an
evaluation of all of the following items:
(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.
(b) The impacts of the contamination upon
receptors.
(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.
(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.
(e) The extent of
contamination in the source area, in soil and saturated materials, and in
groundwater.
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.
(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.
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.
(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.
(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.
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.
(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.
(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.
Notes
Wis. Admin. Code
Department of Natural Resources
§
NR 716.11
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.
