(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.
(b)
Exemptions from location standards. Responsible parties may
store contaminated soil in a location listed in par. (a) 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.
(c)
Impervious base.
Responsible parties shall place contaminated soil on base material impervious
to the contaminant and to water, such as concrete, asphalt, plastic sheeting or
an impervious construction fabric.
(d)
Cover and anchoring.
Responsible parties shall ensure that all contaminated soil in a storage area
is sloped and graded to eliminate depressions in the surface and is covered.
The cover shall be in place at all times when the soil is not being
transferred. The cover shall be constructed and maintained in accordance with
all of the following requirements:
1. The
cover shall be constructed of an impervious material, such as plastic sheeting,
impervious construction fabric, or another flexible impervious material. The
cover shall be formulated to resist degradation by ultraviolet light.
2. The cover material shall be anchored in
place, by means such as weights, ropes, cables, cords, chains or stakes to
prevent the contaminated soil from being exposed.
(e)
Surface water control.
Responsible parties shall construct a storage area to prevent surface water
contact with the soil, including the construction of berms if necessary. Any
water which has been in contact with contaminated soil shall be contained and
may be replaced in the storage pile, or shall be collected and treated as
leachate as required by chs.
NR 500 to
538.
(f)
Signs. Responsible
parties shall post signs as required by s.
NR 714.07(4).
(g)
Inspections. Unless
otherwise directed by the department, responsible parties shall ensure that
contaminated soil storage piles are inspected at least once every 30 days, and
shall immediately repair or replace any base, cover, anchoring and berm
materials that do not meet the requirements of this subsection. Responsible
parties shall also ensure that a written log is maintained which includes the
inspection dates, name of the inspector, the condition of the storage pile at
the time of the inspection and any repairs that were made.
(h)
Notification that soil is being
transported to another property. Responsible parties shall notify the
department in writing if excavated contaminated soil is transported for storage
to a property other than that from which it was excavated. Notification shall
be made within 3 days after the first day that contaminated soil is transported
to another property and shall include all of the following:
1. The name, address and telephone number of
the person who owns the site or facility from which the soil
originated.
2. The volume of soil
being transported.
3. The hazardous
substances and environmental pollution present in the soil.
4. The containment measures utilized to
attain compliance with pars. (c), (d) and (e).
5. 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
property from which the soil was excavated.
6. The name, address and telephone number of
the person who owns the property where the soil is stored.
7. 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
property where the soil is stored.
(i)
Notification of storage for 90
days or more. Responsible parties shall notify the department in
writing if contaminated soil is stored for 90 days or more either on-site or
off-site, within 3 business days after the ninetieth day. Notification shall
include all of the following:
1. The name,
address and telephone number of responsible parties.
2. The volume of soil being stored.
3. The hazardous substances or environmental
pollution present in the soil.
4.
The containment measures utilized to attain compliance with pars. (c), (d) and
(e).
5. 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
property where the soil is stored.
6. A brief proposal for treatment and final
placement of the soil.
(3)REQUIREMENTS FOR TEMPORARY STOCKPILES.
Sites or facilities where responsible parties temporarily store up to 2,500
cubic yards of excavated contaminated soil for 15 days or less, for the purpose
of loading the soil into transfer vehicles or treatment units, are exempt from
regulation under ch. 289, Stats., and chs.
NR 500 to
538 and are not subject to the
general storage requirements in sub. (2) if the soil is stored in accordance
with all of the following requirements:
(a)
The entire soil pile shall be located within 500 feet of the excavation from
which the contaminated soil was removed, or within 1,000 feet of the excavation
from which the contaminated soil was removed if the soil is stored on the same
property from which it was excavated.
(b) The same contaminated soil shall not be
stored for more than 15 days.
(c)
All contaminated soil shall be placed on base material impervious to
contaminants in the soil and to water, such as concrete, asphalt, plastic
sheeting or impervious construction fabrics.
(d) Surface water contact with the
contaminated soil shall be prevented, including the construction of berms if
necessary, to control surface water movement.
(e) The contaminated soil shall be covered
when it is not being moved, with a cover material sufficient to prevent
infiltration of precipitation and to inhibit volatilization of soil
contaminants.
(4)REQUIREMENTS FOR CONTAINERIZED STORAGE.
Sites or facilities where responsible parties store up to 2,500 cubic yards of
excavated contaminated soil for 6 months or less in containers or in buildings
are exempt from regulation under ch. 289, Stats., and chs.
NR 500 to
538, and are not subject to the
general storage requirements in sub. (2), if the contaminated soil is stored in
accordance with all of the following requirements:
(a) Containers and buildings shall be
designed, constructed and maintained to prevent leakage, infiltration of
precipitation and volatilization of soil contaminants to the ambient
atmosphere.
(b) Containers shall be
labeled and buildings shall have a sign posted in accordance with the
requirements of s.
NR 714.07(4).
(c) Contaminated soil may not be stored in
containers or buildings for more than 6 months, without the prior written
approval of the department.
