Wis. Admin. Code Department of Natural Resources § NR 718.12 - Management of contaminated soil

Current through March 28, 2022

(1) GENERAL.
(a) 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. NR 500 to 538.

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 538.

(b) The response action shall be conducted in accordance with all of the applicable requirements in chs. NR 700 to 754.
(c) 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 habitat area.
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 level.
6. At a depth greater than the depth of the original excavation from which the contaminated soil was removed.
7. Where the contaminated soil poses a threat to public health, safety, or welfare or the environment.
(d) 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 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.
(e) 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 use.
3. All soil samples shall be collected from areas most likely to contain residual soil contamination.
4. Responsible 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.

(2)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 excavation activities.
(b) Prior to 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 following information:
1. The name, address, e-mail address, and telephone number of the responsible party.
2. The volume of contaminated soil to be managed.
3. 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 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.
6. The result of all analyses performed on the contaminated soil.
7. A description of how the contaminated soil will be managed.
8. Sufficient information to justify that the placement or replacement of contaminated soils will meet the requirements of s. NR 726.13(1) (b) 1. to 5.
(c) 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 information:
1. The name, address, and telephone number of the owner or owners of the property.
2. 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 site or facility where the contaminated soil is to be placed.
3. 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 nearby wells.

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.

(d) If implementation of the soil management plan will result in the need for a continuing obligation on the property as defined by s. NR 725.05(2), the responsible party shall provide written notification to anyone meeting the criteria in s. NR 725.05(1) 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. NR 725.07.
(e) 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. NR 725.05(2), 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. NR 726.11 shall be met. The fees required by ch. NR 749 shall be submitted to the department.

Notes

Wis. Admin. Code Department of Natural Resources § NR 718.12
CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13.

Under s. 292.12(3) (b), Stats., the department has authority to charge a fee for placement on a department database.

If the continuing obligation related to contaminated soil is being imposed as part of another department action for the same site (i.e. closure) separate fees for placement on the database will generally not be required.

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