Section NR 716.11 - Field investigation(1)Responsible parties shall conduct a field investigation as part of each site investigation required under this chapter, unless the department directs otherwise.(2)The field investigation shall be conducted in accordance with a work plan approved or conditionally approved by the department, unless the department has directed the responsible parties to proceed with a field investigation without department review of the investigation work plan.(2g)The field investigation shall be initiated within 90 days of submittal of the work plan.(2r)In cases where the responsible party pays a fee for department review of the work plan, the field investigation shall be initiated within 60 days after department approval of the work plan. Note: The intent of this subsection is to be able to measure that progress is being made toward conducting a site investigation. Initiation may include preparatory measures to conducting the actual fieldwork.
(3)The purposes of the field investigation shall be to: (a) Determine the nature, degree and extent, both areal and vertical, of the hazardous substances or environmental pollution in all affected media.(b) Provide sufficient information to permit evaluation of interim options pursuant to ch. NR 708, and remedial action options pursuant to ch. NR 722, and to permit a determination to be made regarding whether any of the interim or remedial action options require a treatability study or other pilot-scale study.(c) Provide sufficient information to determine the hydraulic conductivity of materials where contaminated groundwater is found.(d) Provide an estimate, along with all necessary supporting information, of the mass of contamination in the source area. This includes sites involving free product or where natural attenuation is considered for part of the remedy. Note: Methods and examples for estimating mass in the source zone, can be found in the following guidances: RR 699, Understanding Chlorinated Hydrocarbon Behavior in Groundwater: Investigation, Assessment and Limitations of Monitored Natural Attenuation at http://dnr.wi.gov/files/PDF/pubs/rr/RR699.pdf; and RR 614, Guidance on Natural Attenuation for Petroleum Releases, at http://dnr.wi.gov/files/PDF/pubs/rr/RR614.pdf.
Note: The intent of this paragraph is to address situations where a discrete area indicates a release of a hazardous substance. It is not intended for situations where there is no discrete source area, such as when there is area-wide contamination from aerial deposition, or widespread areas of fill such as foundry ash.
(4)Responsible parties shall extend the field investigation beyond the property boundaries of the source area as necessary to fully define the extent of the contamination. If the responsible parties are unable to complete the required investigation beyond the source property because a property owner refuses access, the responsible parties shall notify the department within 30 days of the refusal, and shall document in writing the efforts undertaken to gain access when requested by the department.(5)The field investigation shall include an evaluation of all of the following items:(a) Potential pathways for migration of the contamination, including drainage improvements, utility corridors, bedrock and permeable material or soil along which vapors, free product or contaminated water may flow.(b) The impacts of the contamination upon receptors.(c) The known or potential impacts of the contamination on any of the resources listed in s. NR 716.07(8) that were identified during the scoping process as having the potential to be affected by the contamination.(d) Surface and subsurface rock, soil and sediment characteristics, including physical, geochemical and biological properties that are likely to influence the type and rate of contaminant movement, or that are likely to affect the choice of a remedial action.(e) The extent of contamination in the source area, in soil and saturated materials, and in groundwater. Note: The intent of this requirement is to collect samples in the general area where the contaminant was released, where the concentrations are generally expected to be the greatest, and to determine the presence of non-aqueous phase liquids, including samples from the smear zone. For further information on the smear zone, copies of the department's guidance "Smear Zone Contamination" may be obtained by accessing the following web site: http://dnr.wi.gov/files/PDF/pubs/rr/RR712.pdf or from any regional office of the department, or by writing to the Department of Natural Resources, Bureau for Remediation and Redevelopment, P. O. Box 7921, Madison, Wisconsin 53707. This requirement is not intended to address sampling of landfill waste materials. In cases where clean soils exist between shallower contaminated soil, and groundwater, groundwater still needs to be assessed.
(f) The extent, both vertically and horizontally, of groundwater contamination. Piezometers shall be used to determine the vertical extent of contamination, as appropriate to the situation. Note: The use of piezometers may not be appropriate for all situations, including at the source area, or where a documented upward gradient exists downgradient of a source area.
(g) The presence and concentration of vapors sub-slab, when investigation of soil, soil gas or groundwater indicates that vapors may migrate to the foundation of an occupied building, taking into account the biodegradability of vapors, preferential pathways of vapor movement, or other physical or chemical factors affecting vapor movement into occupied buildings.(h) The presence and concentration of vapors in indoor air, when it is necessary to determine the impact on an occupied structure considering applicable attenuation factors, land use, building size and other site-specific factors that affect exposure to vapor. Note: Indoor air samples are expected to be collected and analyzed in most cases where vapor migration into an occupied residential setting is likely. A residential setting may include single or multiple family housing, and educational, childcare, and elder care facilities. Sampling and analysis is conducted to determine levels of the contaminants of concern. Indoor air sampling is not recommended in locations where the contaminant of concern is currently used in commercial or industrial operations.
(6)Responsible parties shall manage investigative wastes in a manner that will not pose a threat to public health, safety, or welfare or the environment, and which is consistent with state and federal regulations.(7)Responsible parties shall label all drums containing investigative wastes, including drill cuttings and purge water, with the Bureau for Remediation and Redevelopment Tracking System activity number for the site, the site name, boring or well number, initial date of collection, and the contents.Wis. Admin. Code Department of Natural Resources NR 716.11
Cr. Register, April, 1994, No. 460, eff. 5-1-94; am. (3) (b), Register, April, 1995, No. 472, eff. 5-1-95; emerg. cr. (3) (c), am. (5) (a), eff. 5-18-00; cr. (3) (c), am. (5) (a), Register, January, 2001, No. 541, eff. 2-1-01; CR 12-023: cr. (2g), (2r), am. (3) (c), cr. (3) (d), (5) (e) to (h), (7) Register October No. 694, eff. 11-1-13.