If responsible parties manage
contaminated soil at a site or facility in accordance with the provisions of
this section, that site or facility is exempt from the solid waste program
requirements in ch. 289, Stats., and chs.
Note: Contaminated soil that cannot be managed
under s. NR 718.12 may be approved for disposal in a licensed solid waste
disposal facility under ch. 289, Stats., and chs.
NR 500 to
The response action shall be conducted in
accordance with all of the applicable requirements in chs.
Responsible parties may not place or
replace excavated contaminated soil in the following areas unless the
department has granted a written exemption to these location standards, after
considering all of the factors listed in par. (d):
1. Within a floodplain.
2. Within 100 feet of any wetland or critical
3. Within 300 feet of
any navigable river, stream, lake, pond, or flowage.
4. Within 100 feet of any on-site water
supply well or 300 feet of any off-site water supply well.
5. Within 3 feet of the high groundwater
6. At a depth greater than
the depth of the original excavation from which the contaminated soil was
7. Where the contaminated
soil poses a threat to public health, safety, or welfare or the
Responsible parties may manage contaminated soil in a location listed in par.
(c) if the department has granted a written exemption from that location
standard, after considering all of the following:
1. Waste characteristics and
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
5. The threat to
public health, safety, or welfare or the environment.
Unless otherwise approved by the
department, responsible parties shall sample and analyze all contaminated soil
in accordance with all the following requirements:
1. For each site or facility, one sample
shall be collected for analysis for each 100 cubic yards of contaminated soil,
for the first 600 yards with a minimum of 2 samples being collected. For
volumes of contaminated soil that exceed 600 cubic yards, one sample for each
additional 300 cubic yards shall be collected for analysis.
2. Samples shall be analyzed for all
contaminants that were detected during a site investigation. In addition,
available information shall be evaluated to determine what contaminants may
have been discharged at the site or facility and samples shall be analyzed for
those contaminants that are expected to be present based on past land
3. All soil samples shall be
collected from areas most likely to contain residual soil
parties shall report all analytical results to the department in writing within
10 business days after receiving the sampling results.
Note: For those situations where an immediate
action is being taken in accordance with s.
NR 708.05 or
where contamination is discovered as part of utility or other construction
related work, the contaminated soil can generally be managed in accordance with
the criteria set forth in s. NR 718.12(1). The department should be contacted
upon discovery of contaminated soil during construction activities for
direction on how to proceed.
ADDITIONAL REQUIREMENTS FOR CONTAMINATED
SOIL MANAGED AS PART OF AN INTERIM ACTION OR REMEDIAL ACTION.
(a) Responsible parties shall provide the
department with written notice at least 7 days prior to initiating soil
managing contaminated soil under s. NR 718.12, responsible parties shall submit
a soil management plan to the department for review and approval. Unless
otherwise approved, at a minimum soil management plans shall contain all the
1. The name, address,
e-mail address, and telephone number of the responsible party.
2. The volume of contaminated soil to be
The address and
location, by quarter-quarter section, township, range, and county, geographic
position determined in accordance with the requirements of s.
, and the latitude and longitude of the
site or facility where the contaminated soil originated.
4. The name, address, and phone number of any
consultants or contractors who are involved with the project.
5. A proposed schedule for implementation of
the soil management plan.
result of all analyses performed on the contaminated soil.
7. A description of how the contaminated soil
will be managed.
information to justify that the placement or replacement of contaminated soils
will meet the requirements of s.
726.13(1) (b) 1.
If management of the
contaminated soil is proposed to take place at a location other than where it
was excavated, the responsible party shall provide the following additional
1. The name, address, and
telephone number of the owner or owners of the property.
The address and location, by
quarter-quarter section, township, range, and county, geographic position
determined in accordance with the requirements of s.
, and the latitude and longitude of the
site or facility where the contaminated soil is to be placed.
The geology and hydrogeology of the site
or facility, including information from any previous remedial investigations.
This also includes information from well logs or well construction records for
Note: If another report is being prepared to
address the necessary response action, such as a remedial action plan, the soil
management plan can be included as part of that report.
If implementation of the soil
management plan will result in the need for a continuing obligation on the
property as defined by s.
, the responsible party
shall provide written notification to anyone meeting the criteria in s.
at least 30 days prior to
submitting the soil management plan to the department for review. Unless
otherwise approved by the department, notification letters shall meet the
requirements contained in s.
For sites or facilities where the
department approves a soil management plan or other remedial action that
includes a continuing obligation which meets any of the criteria in s.
, the department may require
that the site or facility, including all properties and rights-of-way within
the contaminated site boundaries, be included on the department database.
Unless otherwise approved by the department, all applicable database
documentation requirements set forth in s.
shall be met. The fees required by ch. NR 749
shall be submitted to the department.