Section 718.02. Applicability.

 

(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 754 , at sites or facilities subject to regulation under s. 289.67 , Stats., or ch. 292 , 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 to 6991 , as amended.

(b) Solid waste which:

1. Contains materials other than contaminated soil and is excavated during a response action conducted pursuant to chs. NR 700 to 754 , at sites or facilities subject to regulation under s. 289.67 , Stats., or ch. 292 , Stats. , or sites where remedial action is being taken by a person who is seeking the liability exemption under s. 292.15 , Stats.;

2. Is not a hazardous waste as defined in s. NR 660.10 (52) or 42 USC 6901 to 6991 , as amended; and

3. Is replaced at the same site or facility from which it was excavated.

(2)  This chapter does not apply to landspreading facilities regulated under ch. NR 518 (solid waste), NR 204 (wastewater), or ATCP 40 (fertilizer waste).

History: Cr. Register, April, 1994, No. 460 , eff. 5-1-94; am. (1) (a) 1., (b) 1., Register, February, 1996, No. 482 , eff. 3-1-96; corrections in (1) (a) 1. and (b) 1. made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2001, No. 543 ; corrections in (1) (a) 2. and (b) 2. made under s. 13.93 (2m) (b) 7., Stats., Register September 2007 No. 621 ; CR 12-023 : am. (1) (a) 1., 2., (b) 1., 2. Register October 2013 No. 694 , eff. 11-1-13.

Note

Guidance document RR-705 entitled: "Guidance for Hazardous Waste Remediation" provides detailed information on the requirements that apply and the options that are available when dealing with cleanup and redevelopment issues at sites that are or may be contaminated with hazardous waste. A copy of the document can be found at: http://dnr.wi.gov/files/PDF/pubs/rr/RR705.pdf . Microsoft Windows NT 6.1.7601 Service Pack 1 Responsible parties may also be subject to local requirements governing contaminated materials management. Microsoft Windows NT 6.1.7601 Service Pack 1