Wis. Admin. Code Department of Natural Resources § NR 718.05 - Storage of excavated contaminated soil

Current through March 28, 2022

(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.

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.

(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.
(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).
1. Within a floodplain.
2. Within 100 feet of any wetland or critical habitat area.
3. Within 300 feet of any navigable river, stream, lake, pond or flowage.
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.
(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:
1. Waste characteristics and quantities.
2. The geology and hydrogeology of the area, including information from well logs and well construction records for nearby wells.
3. The unavailability of other environmentally suitable alternatives.
4. Compliance with other state and federal regulations.
5. The threat to public health, safety, or welfare or the environment.
(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.
(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:
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.
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.
(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.
(f) Signs. Responsible parties shall post signs as required by s. NR 714.07(4).
(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.
(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:
1. The name, address and telephone number of the person who owns the site or facility from which the soil originated.
2. The volume of soil being transported.
3. The hazardous substances and environmental pollution present in the soil.
4. The containment measures utilized to attain compliance with pars. (c), (d) and (e).
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.
6. The name, address and telephone number of the person who owns the property where the soil is stored.
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.
(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:
1. The name, address and telephone number of responsible parties.
2. The volume of soil being stored.
3. The hazardous substances or environmental pollution present in the soil.
4. The containment measures utilized to attain compliance with pars. (c), (d) and (e).
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.
6. A brief proposal for treatment and final placement of the soil.
(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:
(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.
(b) The same contaminated soil shall not be stored for more than 15 days.
(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.
(d) Surface water contact with the contaminated soil shall be prevented, including the construction of berms if necessary, to control surface water movement.
(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.
(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:
(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.
(b) Containers shall be labeled and buildings shall have a sign posted in accordance with the requirements of s. NR 714.07(4).
(c) Contaminated soil may not be stored in containers or buildings for more than 6 months, without the prior written approval of the department.

Notes

Wis. Admin. Code Department of Natural Resources § NR 718.05
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.

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