Except as provided in s. NR 506.095(3) and this section, untreated contaminated unconsolidated material which is the result of a remediation conducted under chs. NR 700 to 736, or a remediation conducted in another state under the laws of that state, may not be disposed at a landfill, unless the disposal is in compliance with ss. NR 419.07 and 722.09(4), and the landfill's approved plan of operation. Untreated contaminated unconsolidated material other than untreated petroleum contaminated soil which is the result of a remediation conducted under chs. NR 700 to 736, or a remediation conducted in another state under the laws of that state, may be approved by the department for use as daily cover, in construction of soil structures within a landfill, or disposal on a case by case basis. Unconsolidated material has the meaning specified in s. NR 722.03(2).
Note: "Unconsolidated material" means soil, sediment or other granular material, such as fill, not including debris.
Note: Absorbents used to clean up oil spills are regulated under s. NR 506.095 and ch. NR 679.
(1) USE OF UNTREATED PETROLEUM CONTAMINATED SOIL. (a) Untreated petroleum contaminated soil may be used as landfill daily cover if all of the following conditions are met: 1. The volume of untreated petroleum contaminated soil that is proposed to be used as daily cover does not exceed either the landfill's net daily cover needs or 12.5% of the annual volume of waste received by the landfill.2. The use of untreated petroleum contaminated soil as daily cover will not impair operation of the landfill, cause windblown problems, ponding of storm water or other nuisance conditions. Clay soils may not be used as daily cover.3. The landfill has a liner and leachate collection system meeting the requirements of s. NR 504.06.4. The requirements of subs. (2) to (4) are complied with.(b) Untreated petroleum contaminated soil may be used in the construction of soil structures within the fill area when approved for that specific use by the department.(c) Untreated petroleum contaminated soil may be disposed in a landfill other than as daily cover or in the construction of soil structures within the landfill only if approved by the department in the plan of operation for the landfill.(d) Except as provided in pars.(a) to (c), no person may dispose of untreated petroleum contaminated soil in a landfill other than as daily cover or in the construction of soil structures within the landfill unless the department determines, on a case by case basis, that there is no practicable treatment alternative, and the department approves the disposal in writing. (e) Petroleum contaminated soil which has been treated such that the concentration of volatile organic compound contaminants in the soil does not exceed 250 milligrams per kilogram is not subject to this section. Note: Responsible parties must comply with s. NR 722.07(3) by completing a written evaluation of recycling or treatment technologies.
(2) VOLUME LIMITATIONS. (a) Except as provided in par. (b) or (c), the volume of untreated petroleum contaminated soil from a single clean-up site or facility that is proposed for landfill disposal may not exceed 250 cubic yards as measured in situ.(b) Except as provided in par. (c), untreated volumes of petroleum contaminated soil from a single clean-up site or facility that exceed 250 cubic yards may be disposed of in a licensed landfill with a department approved composite liner, or a liner that is equivalent to a composite liner in terms of environmental protection as determined by the department, if approved by the department in the plan of operation for the landfill.(c) Volumes of untreated petroleum contaminated soil from a single clean-up site or facility that exceed 2,000 cubic yards may be disposed of in a landfill only if prior written approval of a remedial action options report is obtained in accordance with s. NR 722.13 and approved in the landfill's plan of operation.(3) MAXIMUM ORGANIC COMPOUND CONCENTRATION. No person may accept for disposal in a landfill untreated petroleum contaminated soil having an average organic compound concentration exceeding 2,000 mg/kg except for soils managed in accordance with ch. NR 708. For volumes of material less than 55 gallons the department may waive this prohibition in writing if the department finds that there are no practicable treatment alternatives. The department may accept knowledge in lieu of testing for specific waste types. Note: The average organic compound concentration for untreated petroleum contaminated material is generally measured by diesel range organic compounds (DRO), gasoline range organic compounds (GRO), petroleum volatile organic compounds (PVOC), or polycyclic aromatic hydrocarbon compounds (PAH), alone or in combination.
Note: NR 419 imposes the following limits:
NR 506.105 Note For ozone nonattainment areas the concentration of volatile organic compound contaminants in the soil accepted may not exceed 250 mg/kg.
NR 506.105 Note For ozone attainment areas, in all contaminated soils accepted with a volatile organic compound concentration of greater than 250 mg/kg, the total quantity of volatile organic compounds may not exceed 25 tons per year.
NR 506.105 Note Material contaminated with polychlorinated biphenyls (PCBs) must be managed in accordance with the requirements of ch. NR 157 and this chapter.
(4) RECORD KEEPING. Except as otherwise provided in par. (b), the owner or operator of a landfill which accepts untreated contaminated unconsolidated material having an average organic compound concentration exceeding 250 mg/kg in accordance with this section shall maintain records in accordance with s. NR 506.17 and the following: (a) Records shall be maintained of the volume of materials received, the average organic compound concentration, the average benzene concentration, and the location for each site from which untreated petroleum contaminated soil is accepted at the landfill.(b) Records shall be maintained on an on-going basis and summarized annually of the accumulated total pounds of organic compounds and accumulated pounds of benzene accepted in untreated petroleum contaminated soils at the landfill. The department may waive this requirement if an alternative air monitoring program for VOC emissions is approved by the department in accordance with ch. NR 419.(c) The tonnage records of untreated petroleum contaminated soil accepted annually shall be summarized and submitted with the annual tonnage certification report required by s. NR 520.14(3) (a).Wis. Admin. Code Department of Natural Resources § NR 506.105
Cr. Register, June, 1996, No. 486, eff. 7-1-96; am. (4) (c), Register, August, 1997, No. 500, eff. 9-1-97; CR 05-020: am. (4) (c) Register January 2006 No. 601, eff. 2-1-06.