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WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF COMMERCE
CHAPTER COMM 46. RISK SCREENING AND CLOSURE CRITERIA FOR PETROLEUM PRODUCT CONTAMINATED SITES, AND AGENCY ROLES AND RESPONSIBILITIES
Date:
08/31/2009
Document:
Comm 46.06 Risk screening criteria
(1) GENERAL. The risk screening criteria in sub. (2) shall be used by the agency with administrative authority over a specific site for all of the following purposes:
(a) To determine whether a remedial action shall be required, which could include, but is not limited to, source control and measures to address the risk screening criteria.
(b) To set remediation targets.
(c) To evaluate consultant reports required under s. 101.143 (2) (h) and (i), Stats.
(d) To determine whether the site may be closed, as provided in s. Comm 46.07 or 46.08, at the completion of the site investigation or after remedial action.
(2) RISK CRITERIA FOR SCREENING SITES. The department of commerce and DNR shall use the following criteria, as provided in s. Comm 46.07 and 46.08 for identifying sites that are eligible for closure:
(a) None of the following environmental factors are present at the site:
1. Documented expansion of plume margin.
2. Verified contaminant concentration in a private or public potable well that attains or exceeds the preventive action limit.
3. Contamination within bedrock or within one meter of bedrock.
4. Petroleum product that is not in dissolved phase is present with a thickness of 0.01 feet or more, and has been verified by more than one sampling event.
5. Documented contamination discharges to a surface water or wetland.
(b) No soil contamination is present at the site that exceeds any of the soil screening levels in Table 1.
Table 1
Indicators Of Residual Petroleum Product In Soil Pores
Soil Screening Levels
Substance (mg/kg)
Benzene 8.5
1,2-DCA 0.6
Ethylbenzene 4.6
Toluene 3.8
Xylene 4.2
1,2,4 - Trimethylbenzene 8.3
1,3,5 - Trimethylbenzene 1.1
Naphthalene 2.7
(c) There is no soil contamination within 4 feet of the ground surface that exceeds any of the direct contact soil contaminant concentrations for the substances listed in Table 2.
Table 2
Protection of Human Health from Direct Contact with Contaminated Soil
Soil Contaminant
Substance Concentrations
(Top 4 ft of the soil) (mg/kg)
Benzene 1.10
1,2-Dichloroethane (DCA) 0.54
(d) For substances not listed in Table 2 that are present within 4 feet of the ground surface and that have been approved by the agency with administrative authority for the site for analysis as contaminants of concern as defined in s. NR 720.03 (2), any potential human health risk from direct contact has been addressed.
(e) Except for the substances listed in Table 2, there is no human health risk from direct contact for a substance listed in Table 1 if the substance's concentration is below the Table 1 soil screening level.
(f) No release of a petroleum product to the soil or groundwater at the site has occurred within the last 10 years.
(g) There is no evidence of migration of petroleum product contamination within a utility corridor or within a permeable material or soil along which vapors, free product or contaminated water may flow.
(h) There is no evidence of migration or imminent migration of petroleum product contamination to building foundation drain tile, sumps or other points of entry into a basement or other enclosed structure where petroleum vapors could collect and create odors or an adverse impact on indoor air quality or where the contaminants may pose an explosion hazard.
(i) No enforcement standard is attained or exceeded in any groundwater within 1000 feet of a well operated by a public utility, as defined in s. 196.01 (5), Stats., or within 100 feet of any other well used to provide water for human consumption.
Note: The definition of "public utility" that is found in s. 196.01 (5), Stats., includes, with certain limited exceptions, "every corporation, company, individual, association, their lessees, trustees or receivers appointed by any court, and every sanitary district, town, village or city that may own, operate, manage or control . . . all or any part of a plant or equipment, within the state, for the production, transmission, delivery or furnishing of heat, light, water or power either directly or indirectly to or for the public." This definition includes all wells operated by any entity (city, village, town or private company) that is in the business of distributing water to the public. It would not include wells operated by commercial establishments that conduct some other kind of business (for example, restaurants, bars or golf courses) where the well water is used by the business or by customers of the establishment.
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