Section 720.05. General.

 

(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. G and H of 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 .

(2)   Residual contaminant levels or performance standards. Remedial actions conducted by responsible parties to address soil contamination shall be designed and implemented to restore the contaminated soil to levels that, at a minimum, meet the residual contaminant levels or performance standards for the site or facility determined in accordance with this chapter.

(3)   No further action. If all soil contaminant concentrations meet applicable residual contaminant levels or performance standards after a remedial action is completed, the department may not require further remedial action for soils, unless the department determines that the residual soil contamination:

(a) Presents a threat to public health, safety, or welfare or the environment at the site or facility;

(b) Will cause a violation of a groundwater quality standard contained in ch. NR 140 ;

(c) Will cause a violation of a surface water quality standard contained in chs. NR 102 to 106 ; or

(d) Will cause a violation of an air quality standard contained in chs. NR 400 to 499 .

(4)   Submittals.

(a) Unless otherwise directed by the department, submittals under this chapter shall be included in the site investigation report or the draft remedial action options report required under s. NR 700.11 (1) .

(b) Submittals to the department under this chapter shall include all of the following:

1. Complete background information and supporting documentation for the procedure to be used.

2. Documentation that the application of the procedure is valid for the site or facility under consideration.

3. Necessary data and documentation needed to fully evaluate the submittal.

4. Legible copies of source documents or pertinent portions of source documents.

(5)   Land use classification.

(a) Responsible parties shall identify the current land use and zoning for the site or facility by the time the remedial action is selected, unless otherwise directed by the department.

(b) Responsible parties shall classify the land use of a site or facility as industrial if all of the following criteria are met:

1. The site or facility is currently zoned for, or otherwise officially designated for, industrial use.

2. More stringent non-industrial residual contaminant levels for soil are not necessary to protect public health on or off the site or facility.

(c) An industrial land use classification may be applied to restricted access areas unless more stringent residual contaminant levels are necessary to protect public health on or off the site.

History: Cr. Register, March, 1995, No. 471 , eff. 4-1-95; corrections in (1) (c) made under s. 13.93 (2m) (b) 7., Stats., Register September 2007 No. 621 ; CR 12-023 : cr. (1) (title), am. (1) (b), (c), cr. (2) (title), am. (2), cr. (3) (title), am. (3) (intro.), cr. (4), (5) Register October 2013 No. 694 , eff. 11-1-13.

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 . Microsoft Windows NT 6.1.7601 Service Pack 1 In order to facilitate department review of submittals, legible copies of entire source documents or the pertinent portions of source documents sufficient to evaluate the method or procedure used should be included with the submittal. Microsoft Windows NT 6.1.7601 Service Pack 1 Typically, a site or facility is officially designated for industrial use by the issuance of a conditional use or special exception permit that allows an industrial use of that site or facility in a non-industrial zoning district or by the designation of an area as industrial in a county development plan or a municipal master plan, among other means. Microsoft Windows NT 6.1.7601 Service Pack 1 Situations where a non-industrial classification would apply include site or facilities which could otherwise be classified as industrial, but where proximity to a non-industrial land use, such as residential housing located across the street, makes a non-industrial classification more appropriate. Microsoft Windows NT 6.1.7601 Service Pack 1 Under ch. NR 726 , a continuing obligation will be imposed as part of the case closure letter if residual contaminant levels are based on industrial exposure or if a soil performance standard is used. Microsoft Windows NT 6.1.7601 Service Pack 1