reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 716 - Site Investigations › Section NR 716.11 - Field investigation

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 716 - Site Investigations › Section NR 716.15 - Site investigation report

Current through June 24, 2024
(1) REPORT
				REQUIREMENT.
(a)
Timeline.
Unless otherwise approved by the department, responsible parties shall submit a
				site investigation report to the department within 60 days after completion of
				the field investigation and receipt of laboratory data.
(b)
Number of copies.
One
				paper copy and one electronic copy of the report shall be submitted to the
				department, unless otherwise directed by the department, in accordance with s.
				NR
				700.11(3g).
Note:
Electronic copies should be submitted in
				  the Adobe Portable Document Format (PDF) on optical disk media. Guidance on
				  electronic submittals can be accessed at
http://dnr.wi.gov/files/PDF/pubs/rr/RR690.pdf
.
Note:
The department strongly recommends the
				  use of 2-sided copies for the paper copy of the report, and the use of
				  accordion folders for larger reports instead of 3-ring binders, to help address
				  file space issues.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 716 - Site Investigations › Section NR 716.17 - Additional requirements

Current through June 24, 2024
(1)When warranted
				by the complexity of the site or facility or the severity of the actual or
				potential environmental or public health impacts which may be caused by the
				contamination, the department may impose additional site investigation
				requirements upon responsible parties beyond those specifically described in
				this chapter. The department shall communicate any additional investigation
				requirements to the responsible parties in writing and shall explain why the
				additional requirements are needed.
(2)The department may require that
				treatability studies be conducted as part of the site investigation, where
				appropriate for the purpose of demonstrating that an interim action or remedial
				option will meet the remedy selection criteria in ch. NR 708 or 722.
(3)When a site investigation conducted under
				this chapter indicates that an immediate, interim or remedial action is
				necessary, the responsible parties shall identify, evaluate and select an
				immediate or interim action in accordance with ch. NR 708 or a remedial action
				in accordance with ch. NR 722.
(4)When a site investigation conducted under
				this chapter indicates that, based on the criteria in s.
				NR
				726.05, no further action is necessary to protect
				public health, safety, or welfare or the environment, the responsible parties
				may request that the department close the case in accordance with ch. NR
				726.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 718 - Management of solid wastes excavated during response actions › Section NR 718.01 - Purpose

Current through June 24, 2024
This chapter establishes minimum standards for the storage,
				  transportation, treatment and disposal of contaminated soil and certain other
				  solid wastes excavated during response actions conducted in accordance with the
				  requirements of chs.
				  NR
				  700 to
				  754. Where responsible parties
				  have chosen to comply with the requirements of this chapter, the responsible
				  parties are exempt from the storage, transportation, treatment and disposal
				  requirements in ch. 289, Stats., and chs.
				  NR 500 to
				  538, except where solid waste
				  program requirements are specifically referenced in this chapter. This chapter
				  is adopted pursuant to ss.
				  287.03,
				  289.05,
				  289.06,
				  289.43(8),
				  289.67,
				  and
				  227.11(2),
				  Stats., and ch. 292, Stats.
Note:
This chapter exempts responsible parties
				  who conduct specific types of response actions from obtaining site-specific
				  approvals from the state's solid waste program, when the response actions are
				  conducted in accordance with this chapter. The exemptions that responsible
				  parties may be eligible for under this chapter are from any one of the
				  following solid waste program requirements:
1. Licensing of on-site and off-site
				contaminated soil storage piles.
2.
				Licensing of on-site and off-site contaminated soil treatment.
3. Licensing of transportation in vehicles
				containing contaminated soil when the vehicles are owned by the responsible
				parties.
4. Approval for disposal
				of contaminated soil and other solid wastes on the same property from which it
				was excavated.
5. Approval for
				disposal of specified types of contaminated soil on property other than that
				from which it was excavated.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 718 - Management of solid wastes excavated during response actions › Section NR 718.02 - Applicability

Current through June 24, 2024
(1) This chapter applies to the storage,
				transportation, treatment and disposal of all the following:
(a) Contaminated soil which:
1. Is excavated as part of a response action
				conducted pursuant to chs.
				NR
				700 to
				726, at sites or facilities
				subject to regulation under s.
				289.67,
				292.11,
				or
				292.31,
				Stats., or sites where remedial action is being taken by a person who is
				seeking the liability exemption under s.
				292.15,
				Stats.; and
2. Is not a hazardous
				waste as defined in s.
				NR
				660.10(52) or
				42 USC
				6901-
				6991,
				as amended.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 718 - Management of solid wastes excavated during response actions › Section NR 718.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)"Berm" means a ridge of clean, compacted
				cohesive soil or impervious material constructed to withstand and control the
				movement of liquids.
(2)"Bioremediation" means degradation of
				contaminants by microbes.
(3)"Boundaries of a landspreading facility"
				means the outer edges of the area on which contaminated soil has been spread at
				a landspreading facility.
(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.
Note:
The use of leased vehicles or other
				  equipment does not make a treatment unit commercial.
(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 to , as
				amended.
(6)"Floodplain" has the
				meaning specified in s.
				NR
				116.03(16).
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."
(7)"Landspreading facility" has the meaning
				specified in s.
				NR
				500.03(121).
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".
(8)"Leachate" has the meaning specified in s.
				NR
				500.03(123).
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."
(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.
(10)"Monitoring" means a systematic method of
				collecting and reporting chemical and other data from contaminated
				media.
(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.
(12)"Storage"
				means placement of solid waste on a temporary basis in a manner that does not
				constitute disposal of solid waste.
(13)"Volatilization" means removal of
				contaminants from soil or other media by evaporation.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 718 - Management of solid wastes excavated during response actions › Section NR 718.05 - Storage of excavated contaminated soil

Current through June 24, 2024
(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.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 718 - Management of solid wastes excavated during response actions › Section NR 718.07 - Transportation of excavated contaminated soil

Current through June 24, 2024
(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.
(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.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 718 - Management of solid wastes excavated during response actions › Section NR 718.09 - Treatment of excavated contaminated soil

Current through June 24, 2024
(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.
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.
(2)LOCATION STANDARDS.
(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:
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.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 718 - Management of solid wastes excavated during response actions › Section NR 718.15 - Management of other solid wastes

Current through June 24, 2024
If solid waste which contains waste other than contaminated
				  soil is replaced at the site or facility from which it was excavated, as part
				  of a response action conducted in compliance with all of the applicable
				  requirements in chs.
				  NR
				  700 to
				  754, and the department has
				  granted prior written approval for the action, the replacement of that solid
				  waste on the site or facility from which it was excavated is exempt from the
				  requirements of ch. 289, Stats., and chs.
				  NR 500 to
				  538.
Section
					 NR
					 506.085 prohibits the following activities at solid
					 waste disposal facilities which are no longer in operation unless specifically
					 approved by the department in writing: 1) use of the waste disposal area for
					 agricultural purposes, 2) establishment or construction of any buildings over
					 the waste disposal area, and 3) excavation of the final cover or any waste
					 materials. The department has developed detailed guidance to address the issue
					 associated with building on historic fill sites and licensed landfills. This
					 information can be found at:
http://dnr.wi.gov/topic/Landfills/development.html
.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 718 - Management of solid wastes excavated during response actions › Section NR 718.17 - Exemption for emergency immediate actions

Current through June 24, 2024
For a period of 72 hours after an emergency immediate
				  response is initiated in accordance with the requirements of ch. NR 708, the
				  storage and transportation of contaminated soil that was excavated as part of
				  the emergency immediate action are exempt from the requirements of ss.
				  NR
				  718.05 and
				  718.07, and are exempt from meeting
				  the solid waste storage and transportation requirements in ch. 289, Stats., and
				  chs.
				  NR 500 to
				  538, provided that the department
				  is immediately notified of the emergency immediate action being conducted in
				  accordance with the requirements of ch. NR 708.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 720 - Soil cleanup standards › Section NR 720.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish soil cleanup
				  standards, for the remediation of soil contamination, which result in
				  restoration of the environment to the extent practicable, minimize harmful
				  effects to the air, lands and waters of the state and are protective of public
				  health, safety, and welfare and the environment as required by ch. 292, Stats.,
				  and which are consistent with ch. 160, Stats., and ch. NR 140. This chapter is
				  adopted pursuant to ss.
				  227.11(2)
				  and
				  289.06(1) and
				  (2), Stats., and ch. 292,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 720 - Soil cleanup standards › Section NR 720.02 - Applicability

Current through June 24, 2024
(1)This chapter applies to all remedial
				actions taken by responsible parties to address soil contamination after an
				investigation has been conducted at a site, facility or portion of a site or
				facility that is subject to regulation under ch. 292, Stats., regardless of
				whether there is direct involvement or oversight by the department. This
				chapter also applies to soil contamination at all of the following:
(a) Solid waste facilities, where remedial
				action is required by the department pursuant to ch. NR 508.
Note:
Chapter
				  NR
				  720 does not apply to landspreading regulated under
				  ch. NR 518 or solid waste facilities where ongoing operations are occurring,
				  unless remedial action is required pursuant to ch. NR 508.
(b) Hazardous waste facilities, where the
				owner or operator is required to close the facility pursuant to s.
				291.29,
				Stats., or subchs. and ch. NR 664, or to institute corrective action pursuant
				to s.
				291.37, Stats.,
				or s.
				NR
				664.0100. However, if U.S. EPA requires that states
				employ soil cleanup standards for hazardous waste facilities that are more
				stringent than the standards in this chapter, the department is obligated under
				the state's hazardous waste management act, ch. 291, Stats., and its hazardous
				waste program RCRA authorization to apply the more stringent soil cleanup
				standards.
Note:
Section NR 600.07 no longer
				  exists.
(c) Wastewater
				lagoons, storage structures and treatment structures that are abandoned
				pursuant to s.
				NR
				110.09,
				213.07 or
				214.08.
Note:
Chapter
				  NR
				  720 applies to abandonment of lagoons, storage
				  structures and treatment structures for sewage treatment facilities projects;
				  abandonment of lagoons, storage structures and treatment structures that
				  receive wastewaters, associated sludges, by-product solids and any resulting
				  leachates from industrial, commercial or agricultural sources, except as
				  provided in s.
				  NR
				  213.02(2); and abandonment of land
				  treatment systems for industrial liquid wastes, by-product solids and sludges,
				  except as provided in s.
				  NR
				  214.02(3). Chapter
				  NR
				  720 does not apply to activities regulated under s.
				  281.48,
				  Stats., or permitted activities regulated under 40 CFR 503 or ch. NR 204, 206
				  or 214, including permitted land spreading of sludge or land disposal of
				  wastewaters from municipal and domestic wastewater treatment works and
				  permitted land treatment of industrial liquid wastes, by-product solids and
				  sludges.
(d) Sites where
				remedial action is being taken by a person who is seeking the liability
				exemption under s.
				292.15,
				Stats.
(e) Sites with PCB
				contamination.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 720 - Soil cleanup standards › Section NR 720.03 - Definitions

Current through June 24, 2024
(1)"Aquifer" means a saturated subsurface
				geological formation of rock or soil.
(1m)"Ceiling limit concentration" means a
				preset non-risk based concentration of an inorganic or semi-volatile chemical.
Note:
This definition is consistent with the
				  approach used in the U.S. EPA's Regional Screening Table which sets a ceiling
				  limit concentration of 100,000 mg/kg or 10% by weight for a relatively
				  non-toxic chemical in a soil sample. This definition is not the same as in
				  other natural resources administrative rules. For example, the term ceiling
				  limit in ch. NR 204 refers to the concentration of certain metals in domestic
				  sludge that if exceeded would result in the sludge not being eligible for land
				  application.
(2)"Contaminant of concern" means a hazardous
				substance that is present at a site or facility in such concentrations that the
				contaminant poses an actual or potential threat to human health, safety, or
				welfare or the environment based upon:
(a) The
				toxicological characteristics of the hazardous substance that influence its
				ability to adversely affect human health or the environment relative to the
				concentration of the hazardous substance at the site or facility;
(b) The chemical and physical characteristics
				of the hazardous substance which govern its tendency to persist in the
				environment and the chemical, physical and biological characteristics at the
				site or facility which govern the tendency for the hazardous substance to
				persist at the site or facility;
(c) The chemical and physical characteristics
				of the hazardous substance which govern its tendency to move into and through
				environmental media;
(d) The
				naturally occurring background concentrations of the hazardous
				substance;
(e) The thoroughness of
				the testing for the hazardous substance at the site or facility;
(f) The frequency that the hazardous
				substance has been detected at the site or facility; and
(g) Degradation by-products of the hazardous
				substance.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 720 - Soil cleanup standards › Section NR 720.05 - General

Current through June 24, 2024
(1) REMEDIAL ACTION. Responsible parties
				shall select and implement a remedial action to address soil contamination
				when, after any of the following investigations has been completed, information
				collected during the investigation indicates that a remedial action to address
				soil contamination is necessary to achieve compliance with the requirements of
				this chapter:
(a) Site investigation report
				developed in accordance with ch. NR 716 at sites or facilities subject to
				regulation under s.
				292.11
				or
				292.31,
				Stats.
(b) Solid waste site
				investigation report prepared in accordance with the requirements of ch. NR
				508.
(c) Investigation done under a
				hazardous waste closure plan or a RCRA facility investigation report, developed
				in accordance with the requirements of subchs. and ch. NR 664 or s.
				NR
				664.0100.
(d) Investigation done under a wastewater
				facility, structure or system abandonment plan developed in accordance with the
				requirements of s.
				NR 110.09(2)
				(r),
				213.07 or
				214.08.
Note:
Remedial actions at some types of sites
				  or facilities, such as the abandonment of wastewater lagoons, may only have to
				  comply with ch. NR 720 and not other requirements in the NR 700 series, such as
				  the minimum site investigation requirements in ch. NR 716. In this case, the
				  department or responsible parties may choose to use the other chapters of the
				  NR 700 rule series as guidance for complying with ch. NR 720.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 720 - Soil cleanup standards › Section NR 720.07 - General requirements when establishing soil cleanup standards applicable to a site or facility

Current through June 24, 2024
(1) GENERAL.
(a) Responsible parties shall use information
				from the sources listed in s.
				NR
				720.05(1) to determine the residual
				contaminant levels or performance standards for each exposure or migration
				pathway of concern for each soil contaminant of concern at a site or facility
				in accordance with this chapter.
(b) In addition to meeting the requirements
				of par. (c), responsible parties shall establish the soil cleanup standard for
				each soil contaminant of concern at the site or facility as one of the
				following:
1. The residual contaminant level
				of each contaminant in soil which is the lowest concentration from among the
				following as applicable: the ceiling limit concentration, the soil saturation
				concentration if the contaminant is a volatile, a land use specific direct
				contact level, a groundwater quality protective level, a concentration
				calculated for a pathway of concern set forth in s.
				NR
				720.13 all of which are determined in accordance with
				the requirements of this chapter.
Note:
For a single contaminant, a numeric land
				  use specific residual contaminant level is determined based on aggregate
				  exposure through incidental ingestion of soil, inhalation of soil vapors and
				  particulates, and dermal contact with soil. When more than one contaminant is
				  present, the residual contaminant level is determined based on cumulative
				  exposure and may have to be adjusted downward so that the cumulative risk does
				  not exceed an excess cancer risk of 1-in-100,000 or a hazard index of 1 for
				  non-carcinogens.
2. A
				performance standard determined in accordance with s.
				NR
				720.08.
(c) In addition to meeting the requirements
				of par. (b), a soil cleanup standard developed under this chapter shall comply
				with all the following requirements:
1.
				Residual soil contamination at the site or facility may not adversely affect
				surface water.
2. Residual soil
				contamination at the site or facility may not adversely affect a sensitive
				environment.
3. Residual soil
				contamination at the site or facility may not concentrate through plant uptake
				and adversely affect the food chain.
4. Residual soil contamination at the site or
				facility may not result in vapor concentrations reaching a substance's lower
				explosive limit.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 720 - Soil cleanup standards › Section NR 720.08 - Procedures for establishing soil performance standards

Current through June 24, 2024
(1) GENERAL. If a
				responsible party selects this option, performance standards shall be
				established and maintained so that the residual contaminants in the soil do not
				pose a threat to public health, safety, or welfare or the environment.
Note:
Guidance document RR-528 indicates that
				  it may not be necessary to determine numeric residual contaminant levels for
				  contaminants as long as all contaminant pathways for all contaminants of
				  concern are addressed by the remedial action, the extent of contamination is
				  fully defined, the remedy remains in place, is maintained as appropriate and
				  remains effective. For example, if a cover is placed that addresses all
				  pathways for the contaminated soil, then it isn't necessary to determine the
				  numeric residual contaminant levels for as long as the cover adequately
				  addresses the pathway and remains protective. It may be necessary to determine
				  residual contaminant levels in the future if the remedy is changed or
				  replaced.
(2)PROTECTION OF
				GROUNDWATER. Acceptable performance standard options to address the soil to
				groundwater pathway may include any of, or any combination of, the following:
(a) Placement of a permanent engineering
				control such as a cap or cover to limit infiltration and thereby minimizing the
				leaching of soil contaminants to groundwater that is constructed and maintained
				until the threat to groundwater no longer exists.
(b) Use of natural attenuation to contain and
				remediate the contaminants present.
(c) Operation of a system in compliance with
				ch. NR 724 until the lowest concentration that is practicable is achieved.
Note:
As explained in more detail in guidance
				  document RR-528, if there is no threat to groundwater from soil contamination,
				  a soil remedy is not necessary. The lack of groundwater contamination may not
				  always be sufficient to establish there is not threat to the groundwater
				  pathway. An analysis to determine whether sufficient time has passed for the
				  soil contamination to have reached the locations where groundwater is being
				  monitored may be necessary. The factors that may need to be considered include:
				  the age of the contaminant release, type of contaminants, geologic setting,
				  depth to groundwater, and the proximity of the monitoring wells to the source
				  of contamination.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 720 - Soil cleanup standards › Section NR 720.10 - Procedures for determining residual contaminant levels based on protection of groundwater

Current through June 24, 2024
(1) GENERAL. If a responsible party selects
				this option, residual contaminant levels for soil based on protection of
				groundwater shall be developed using the enforcement standards established in
				ch. NR 140 or using procedures consistent with the methodology in ss.
				160.13
				and
				160.15,
				Stats., and the criteria in s.
				NR 722.09(2) (b)
				2. when there is no enforcement standard as
				the target concentrations in groundwater. If the department of health has not
				developed a recommended enforcement standard and a federal maximum contaminant
				level exists, that value may be used for calculating a soil residual
				contaminant level.
Note:
In developing a residual contaminant
				  level, any relevant information may be considered, including public welfare
				  concerns for groundwater, such as taste and odor, and drinking water health
				  advisory levels.
(2)METHODS. Responsible parties shall use one
				or more of the methods listed in this section based on scientifically valid
				procedures that are subject to department review and approval and site-specific
				geological, physical and chemical conditions to establish residual contaminant
				levels:
(a) A contaminant transport and fate
				model.
(b) Leaching tests
				appropriate for the site or facility in both application and extent.
(c) Any other appropriate method approved by
				the department for that specific site or facility, or other appropriate method
				suggested in department guidance.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 720 - Soil cleanup standards › Section NR 720.12 - Procedures for determining residual contaminant levels based on protection of human health from direct contact with contaminated soil

Current through June 24, 2024
(1) GENERAL. If a
				responsible party selects this option, residual contaminant levels for soil
				based on protection of human health from direct contact shall be developed
				using the following criteria:
(a) For
				individual compounds using an excess cancer risk of 1x10-6 and a hazard
				quotient for non-carcinogens of one; and
(b) The cumulative excess cancer risk will
				not exceed 1x10-5 and the hazard index for non-carcinogens will not exceed one
				for the site or facility.
(c) Risks
				for carcinogens and hazard quotients for non-carcinogens are presumed to be
				additive within each category, unless there is specific information that
				demonstrates that an alternative approach is more appropriate.
(d) If toxicological values for both
				carcinogenic and non-carcinogenic end points exist for a substance, both shall
				be evaluated and the method that generates the lowest residual contaminant
				level shall be used for the site or facility.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 720 - Soil cleanup standards › Section NR 720.13 - Other pathways of concern

Current through June 24, 2024
Responsible parties shall consider human food chain, surface
				  water quality, and terrestrial eco-system pathways of exposure, when those
				  pathways of exposure are of concern at a site or facility.
In some cases, the potential for contaminant migration or
					 exposure to contamination through other pathways may be of concern at a site or
					 facility. These situations could include contaminated soil in close proximity
					 to a surface water where the potential for runoff from the site or facility to
					 cause an impact on surface water quality exists or contaminated soil where
					 potential for bioaccumulation and uptake through the food chain resulting in
					 adverse impacts to human health or terrestrial ecosystems exists. This section
					 requires responsible parties to establish appropriate residual contaminant
					 levels protective of these pathways when necessary.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 722 - Standards for selecting remedial actions › Section NR 722.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish minimum standards
				  for identifying and evaluating remedial action options and selecting remedial
				  actions. This chapter is adopted pursuant to ss.
				  227.11(2),
				  287.03(1)
				  (a),
				  287.05,
				  and
				  289.06(1) and
				  (2), Stats., and ch. 292,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 722 - Standards for selecting remedial actions › Section NR 722.05 - General

Current through June 24, 2024
(1)Responsible parties shall select an
				appropriate remedial action or combination of remedial actions for
				implementation under this chapter, unless the department makes the selection
				under sub. (2).
(2)The department
				shall select the remedial action for the following types of sites or
				facilities:
(a) State-lead national priority
				list sites.
(b) Sites or facilities
				being addressed under a contract with the department under s.
				292.31,
				Stats.
(c) Department-funded
				response actions. For those sites or facilities where the department is
				responsible for selecting the appropriate remedy, significant consideration
				shall be given to options that provide for long-term sustainability.
(d) Sites or facilities being addressed under
				an administrative order issued under s.
				292.11(7)
				(c), Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 722 - Standards for selecting remedial actions › Section NR 722.11 - Risk assessments

Current through June 24, 2024
(1)The responsible party may request, and the
				department may consider granting, approval to prepare and submit a risk
				assessment for the purpose of developing environmental standards only if the
				responsible parties demonstrate to the satisfaction of the department that:
(a) Compliance with the applicable
				environmental standards listed in s.
				NR
				722.09(2) will not be protective of
				public health, safety and welfare and the environment; or
(b) Attaining compliance with the applicable
				residual contaminant levels in ch. NR 720 is not practicable.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 722 - Standards for selecting remedial actions › Section NR 722.13 - Remedial action options report

Current through June 24, 2024
(1) GENERAL. Based
				on the evaluation and selection of remedial action options required in ss.
				NR
				722.07 and
				722.09, responsible parties shall
				document the evaluation and selection in a remedial action options report in
				compliance with the requirements of this section. Responsible parties shall
				submit the remedial action options report to the department within 60 days
				after submitting the site investigation report, unless otherwise specified by
				the department.
(2)CONTENTS OF
				REPORT. The remedial action options report shall include the following:
(a)
Cover letter.
1. The department's identification number for
				the site or facility.
2. The
				purpose of the submittal and the desired department action or
				response.
3. Month, day and year of
				the submittal.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 722 - Standards for selecting remedial actions › Section NR 722.15 - Department response

Current through June 24, 2024
(1) GENERAL. The department may respond to
				the submission of a remedial action options report required by this chapter
				using one of the following methods:
(a) The
				department may, in writing, direct responsible parties to submit all of the
				reports required under this chapter and to proceed to implement the selected
				remedial action without department approval, review or
				acknowledgement.
(b) The department
				may, in writing, direct responsible parties that review and approval of a
				remedial action options report is necessary prior to proceeding to implement
				the selected remedial action pursuant to ch. NR 724. The department shall
				provide written acknowledgement of receipt of each report submitted pursuant to
				this chapter within 30 days. Department acknowledgement shall include an
				estimated date for completion of department review.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 722 - Standards for selecting remedial actions › Section NR 722.17 - Department database requirements for remedial actions approved with a continuing obligation

Current through June 24, 2024
(1)For sites or facilities where the
				department has approved a remedial action that includes a continuing obligation
				which meets any of the criteria in ss.
				NR 722.15(2)
				(e) and
				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.
(2)The site or
				facility remedial action plan approval letter shall be associated with the site
				or facility record in the department database, for those sites required to be
				included on the department database.
(3)The fees required by ch. NR 749 shall be
				submitted to the department.
Note:
Under s.
				  292.12(3)
				  (b), Stats., the department has authority to
				  charge a fee for placement on a department database.
(4)Documentation requirements shall meet s.
				NR
				726.11, to the extent practicable.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 724 - Remedial and interim action design, implementation, operation, maintenance and monitoring requirements › Section NR 724.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to specify the requirements
				  for the design, implementation, operation, maintenance and monitoring of
				  remedial actions and certain types of interim actions. This chapter is adopted
				  pursuant to ss.
				  227.11(2),
				  287.03,
				  and
				  289.06(1) and
				  (2), Stats., and ch. 292,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 724 - Remedial and interim action design, implementation, operation, maintenance and monitoring requirements › Section NR 724.02 - Applicability

Current through June 24, 2024
(1)This chapter applies to all remedial
				actions and to the following types of interim actions taken by responsible
				parties, at sites, facilities or portions of a site or facility that are
				subject to regulation under ch. 292, Stats., regardless of whether there is
				direct involvement or oversight by the department:
(a) On-site treatment systems, including
				groundwater extraction and other remedial treatment systems.
(b) On-site engineering controls or barriers,
				including engineered landfill covers or groundwater barrier systems.
(bm) Vapor mitigation systems.
Note:
Remedial actions to actively remediate
				  vapor contaminant sources fall under pars. (a) or (b).
(c) Any other type of interim action when the
				department determines, on a case-by-case basis, that a design report required
				under s.
				NR
				724.09 is necessary prior to implementation.
Note:
This chapter does not apply to emergency
				  or non-emergency immediate actions or to those types of interim actions that
				  are not listed in s. NR 724.02(1).
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 724 - Remedial and interim action design, implementation, operation, maintenance and monitoring requirements › Section NR 724.03 - Definitions

Current through June 24, 2024
The definitions in s.
				  NR
				  700.03 apply to this chapter. In this chapter, where
				  the term "responsible parties" appears, it shall be read to include "voluntary
				  parties" where an action is being taken to comply with s.
				  292.15,
				  Stats.