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 718.12 - Management of contaminated soil

Current through June 24, 2024
(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.