Wisconsin Department of Transportation

Alert: The following services will be unavailable on Saturday, January 5, 2013 from 12 a.m. (midnight) to 6 a.m. CST due to system maintenance.

Hazardous materials - hazardous substances and leaking underground storage tanks (UST/LUSTs)

Legal requirements

(Statutes and the Administrative Code are found on the Wisconsin State Legislative website)

FDM references

  • FDM 20-5-10 federal natural resource laws (Clean Water Act)
  • FDM 20-15-1 federal transportation agreements with other federal agencies
  • FDM 20-20-15 state water resource statutes
  • FDM 20-25-1 state natural resource regulations (NR 299 water quality certification)
  • FDM 20-30-1 state agency agreements (WisDOT/DNR cooperative agreement)

  • FDM 21-35-1 contaminated site assessment and remediation
  • FDM 21-35-5 phase 1-reconnaissance and record search hazardous materials assessments
  • FDM 21-35-10 phase 2-environmental sampling
  • FDM 21-35-12 phase 2.5-remediation planning necessary for construction of a highway project
  • FDM 21-35-15 phase 3-remediation planning, defining full extent of contamination

  • FDM 21-35-20 phase 4-remediation, hazardous material management
  • FDM 21-35-25 environmental documentation
  • FDM 21-35-30 disposal of containerized non-hazardous waste
  • FDM 21-35-35 disposal of hazardous waste



Follow the recommended schedule (FDM Procedure 21-35-12 on Phase 2.5s, remediation planning necessary for construction.

  • Coordination of remediation with construction is difficult for last minute revisions, so start as early as possible with Phase 2.5 work.
  • Remember:
    • If the remediation is not large (less than $75,000) or involves hazardous waste (RCRA), use the specialty consultant contractors.
    • Always get a letter from the WDNR with approval to remediate prior to advertising for bid.
    • Use pre-bid meetings for projects with remediation in the let cycle (see hazardous materials news).


Lists and data sources


Waste Disposal Information

FHWA and EPA guidebooks and information


What approval is needed to purchase contaminated property?

The Real Estate Program Management Manual (available internally) contains detailed procedures for the purchase of contaminated property. Highlights are:

  • For contamination eligible for Petroleum Environmental Cleanup Fund Act (PECFA Program) funds, the region may acquire the property in easement if:
    • the site has been reviewed by the contaminated site exception committee before purchase is initiated
    • the site has been accepted by PECFA
    • the owner has hired a consultant
    • a remediation plan is approved by WDNR
    • the region is confident that the owner will complete clean up.

PECFA - for ineligible contaminated sites, the request to purchase the property must be approved by the contaminated site exception committee as explained in the contamination guide.

Standard verbiage

See FDM 21-35-25 for applicability:

Having completed a Phase 1 investigation for the improvement under consideration, the region has determined that further investigation of sites is merited. Those investigations are in the process of being scheduled. The WDNR and possibly affected parties will be notified of the results. The region will work with all concerned to insure that the disposition of any petroleum contamination is resolved to the satisfaction of the WDNR, WisDOT, and FHWA before acquisition of any questionable site, and before advertising the project for letting.

Non-petroleum sites will be handled on a case-by-case basis with detailed documentation and coordination with FHWA as needed.

See FDM 21-35-45 for language to use for bridge asbestos.



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Questions about the content of this page:
Sharlene TeBeest, sharlene.tebeest@dot.wi.gov
Last modified: February 10, 2015

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