reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 706 - Hazardous Substance Discharge Notification And Source Confirmation Requirements › Section NR 706.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to adopt by administrative
				  rule notification requirements for discharges of hazardous substances. This
				  chapter is adopted pursuant to ss.
				  227.11(2)
				  and
				  292.11,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 706 - Hazardous Substance Discharge Notification And Source Confirmation Requirements › Section NR 706.02 - Applicability

Current through June 24, 2024
(1)This chapter applies to hazardous
				substance discharges that are subject to the requirements of s.
				292.11,
				Stats.
(2)Section applies to all
				persons who have responsibility under s.
				292.11,
				Stats., for any hazardous substance discharge that may occur. Section
				NR
				706.11 contains additional requirements that only
				apply to the owners and operators of underground storage tank systems that are
				subject to regulation under
et seq.
and , or ch. ATCP 93, for
				hazardous substance discharges that are related to the underground storage tank
				system.
(3)Persons and facilities
				subject to the release notification requirements in CERCLA section 103 (a),
				(a), or the emergency notification and notification requirements in s.
				323.60,
				Stats., and , , and , are required to comply with those requirements in
				addition to complying with the notification requirements of this chapter,
				except that notification of a hazardous substance discharge which is given to
				the department in compliance with the requirements of this chapter constitutes
				notification of the division of emergency management as required by s.
				323.60,
				Stats., if the notification contains all of the information specified in
				(b)(2).
The definition of "underground storage tank" in s.
					 NR
					 700.03, which applies to this chapter, is based on the
					 definition of "underground storage tank" in ch. ATCP 93, which includes certain
					 farm and residential motor fuel storage tanks and heating oil tanks that are
					 excluded from the federal UST program definition in
					 42 USC
					 6991.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 706 - Hazardous Substance Discharge Notification And Source Confirmation Requirements › Section NR 706.03 - Definitions

Current through June 24, 2024
(2)"Fertilizer" has the meaning specified in
				s.
				94.64(1)
				(e), Stats., except that it does not include
				nitrates or other forms of nitrogen found in the environment that cannot be
				attributed to a discharge.
Note:
Section
				  94.64(1)
				  (e), Stats., defines "fertilizer" to mean
				  "any substance, containing one or more plant nutrients, which is used for its
				  plant nutrient content and which is designed for use or claimed to have value
				  in promoting plant growth, except unmanipulated animal or vegetable manures,
				  marl, liming material, sewage sludge other than finished sewage sludge
				  products, and wood ashes. `Fertilizer' includes fertilizer materials, mixed
				  fertilizers, custom mixed fertilizers, nonagricultural fertilizers and all
				  other fertilizers or mixtures of fertilizers, regardless of type or
				  form."
(4)"Impervious"
				means incapable of being penetrated by a discharged substance.
Note:
Asphalt and concrete, if intact and
				  undamaged, are considered impervious surfaces. However, if hazardous substances
				  are capable of penetrating asphalt or concrete due to cracks or holes, or
				  repeated discharges, the surface would not be considered impervious.
(5)"Nonhousehold pesticide" has
				the meaning specified in s.
				94.681(1)
				(c), Stats., except that it does not include
				pentachlorophenol, inorganic arsenical wood preservatives and coal tar
				creosote.
Note:
Section
				  94.681(1)
				  (c), Stats., defines "nonhousehold pesticide"
				  as "a pesticide that is not a household pesticide or an industrial pesticide."
				  "Household pesticide" is defined in s.
				  94.681(1)
				  (a), Stats.
(6)"Pesticide" has the meaning specified in
				s.
				94.67(25),
				Stats.
Note:
Section
				  94.67(25),
				  Stats., defines "pesticide" to mean "any substance or mixture of substances
				  labeled or designed or intended for use in preventing, destroying, repelling or
				  mitigating any pest, or as a plant regulator, defoliant or desiccant."
(7)"Petroleum product" means any
				refined petroleum based substance or blend intended for use as motor fuel,
				turbine fuel, heating fuel, a lubricant, a coolant, or for machine
				cutting.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 706 - Hazardous Substance Discharge Notification And Source Confirmation Requirements › Section NR 706.07 - Exemptions

Current through June 24, 2024
The exemptions in this section are limited to notification or
				  penalty provisions. Responsible parties shall comply with the response
				  requirements of s.
				  NR
				  706.05(2) for all situations. While
				  notification of the discharge is exempt under this section, a response to the
				  discharge is still required under s.
				  292.11,
				  Stats. The exemptions are as follows:
(1)STATUTORY NOTIFICATION EXEMPTIONS. The
				following persons are not required to notify the department of a hazardous
				substance discharge that falls within any of the following categories:
(a) Any person holding a valid permit under
				ch. 283, Stats., is exempt with respect to substances discharged within the
				limits authorized by the permit.
(bm) Any person discharging in conformity
				with a permit or program approved under chs. 280 to 299, Stats., is exempt with
				respect to substances discharged within the limits authorized by the permit or
				program.
(cm) Any person applying a
				registered pesticide according to the label instructions, or applying a
				fertilizer at or below normal and beneficial agronomic rates, is exempt with
				respect to that pesticide or fertilizer application.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 706 - Hazardous Substance Discharge Notification And Source Confirmation Requirements › Section NR 706.11 - Additional responsibilities for owners or operators of underground storage tank systems

Current through June 24, 2024
(2) ADDITIONAL INFORMATION. The owner or
				operator of an UST system shall document and submit to the department, within
				72 hours of the original notification, any additional information that the
				owner or operator obtains concerning the discharge which was not included at
				the time of the original notification, unless otherwise directed by the
				department.
(3)CLOSURE ASSESSMENT
				REPORTS. The owner or operator of an UST system shall submit to the department
				any tank closure assessment report that is generated to document compliance
				with the requirements of ch. ATCP 93, regardless of whether a discharge of a
				hazardous substance was detected during the site assessment.
(3m)SOURCE AND CAUSE OF DISCHARGES. At the
				time the owner or operator of an UST system reports a discharge from an UST
				system, they shall also provide information to the department on the source and
				cause of the discharge.
Sources may include tanks, piping, dispensers, submersible
					 turbine pump areas, delivery problems, etc. Causes may include spills,
					 overfills, physical or mechanical damage, corrosion, installation problems,
					 etc., and those situations where the cause is unknown.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 708 - Immediate And Interim Actions › Section NR 708.01 - Purpose

Current through June 24, 2024
This chapter establishes criteria for emergency and
				  non-emergency immediate actions and interim actions to be taken by responsible
				  parties, or interim actions taken by local governmental units or economic
				  development corporations when directed by the department, to protect public
				  health, safety, or welfare or the environment; and establishes the
				  documentation requirements associated with these response actions. This chapter
				  is adopted pursuant to ss.
				  227.11(2),
				  287.03(1)
				  (a),
				  289.06, Stats.,
				  and ch. 292, Stats.
The following portions of 40 CFR part 280 have been
					 included in the text of this chapter: portions of s. 280.34(a) (3); s.
					 280.61(b) and (c); s. 280.62(a) (1) to (3) and (6); s. 280.62(b); portions of
					 s. 280.63(a) and (b); s. 280.64(a) to (d); s. 280.65(a); and portions of s.
					 280.66(a), (b) and (d). Additional portions of s. 280.34(a) (3) are included in
					 chs.
					 NR 706,
					 716,
					 722 and
					 724. Additional portions of s.
					 280.63(a) and (b) are included in chs.
					 NR 706 and
					 716. Additional portions of 280.66
					 (a) to (d) are included in ch. NR
					 724.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 708 - Immediate And Interim Actions › Section NR 708.02 - Applicability

Current through June 24, 2024
(1)This chapter applies to emergency and
				non-emergency immediate actions and interim actions taken by the department
				under the authority of ch. 292, Stats. In this chapter, where the term
				"responsible parties" appears, it should be read to include the department in
				situations where a department-funded response action is being taken.
Note:
The department has the authority under s.
				  292.11(10),
				  Stats., to waive the requirements of s.
				  292.11,
				  Stats., to prevent an emergency condition threatening public health, safety, or
				  welfare.
(2)This chapter
				applies to immediate actions and interim actions taken by responsible parties
				at sites, facilities or portions of a site or facility that are subject to
				regulation under s.
				292.11
				or
				292.31,
				Stats., regardless of whether there is direct involvement or oversight by the
				department.
Note:
Persons who wish to conduct response
				  actions that will be consistent with the requirements of CERCLA and the NCP may
				  request that the department enter into a contract with them pursuant to s.
				  292.31,
				  Stats., or a negotiated agreement under s.
				  292.11(9)
				  (e) 4, Stats. However, a CERCLA-quality
				  response action will likely require compliance with additional requirements
				  beyond those contained in chs.
				  NR
				  700 to
				  754 in order to be consistent with
				  CERCLA and the NCP.
(2m)This chapter applies to response actions
				taken by persons seeking the liability exemption under s.
				292.15,
				Stats.
(2r)Section applies to
				response actions taken by a local governmental unit or economic development
				corporation when directed by the department under s.
				292.11(9)
				(e) 4, Stats.
(3)The department may exercise enforcement
				discretion on a case-by-case basis and choose to regulate a site, facility or a
				portion of a site or facility under only one of a number of potentially
				applicable statutory authorities. However, where overlapping restrictions or
				requirements are applicable, the more restrictive control. The department
				shall, after receipt of a request from a responsible party, provide a letter
				that indicates which regulatory program or programs the department considers to
				be applicable to the site or facility.
Sites, facilities or portions of a site or facility that
					 are subject to regulation under s.
					 292.11
					 or
					 292.31,
					 Stats., may also be subject to regulation under the solid waste statutes in ch.
					 289, Stats., or the hazardous waste management act, ch. 291, Stats., and the
					 administrative rules adopted pursuant to those statutes. One portion of a site
					 or facility may be regulated under a different statutory authority than other
					 portions of that site or facility.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 708 - Immediate And Interim Actions › Section NR 708.03 - Definitions

Current through June 24, 2024
(1)"Economic development corporation" has the
				meaning described in s. 501 (c) of the Internal Revenue Code, as defined in s.
				71.22(4),
				Stats., that is exempt from federal taxation under section (a) of the Internal
				Revenue Code, or an entity wholly owned and operated by such a corporation,
				with respect to property acquired to further the economic development purposes
				that exempt the corporation from federal taxation.
(2)"Local governmental unit" has the meaning
				specified in s.
				292.11(9)
				(e) 1, Stats.
Section
					 292.11(9)
					 (e) 1, Stats., defines "local governmental
					 unit" to mean "a municipality, a redevelopment authority created under s.
					 66.1333,
					 a public body designated by a municipality under s.
					 66.1337(4),
					 a community development authority or a housing authority."
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 708 - Immediate And Interim Actions › Section NR 708.07 - Additional response actions

Current through June 24, 2024
Unless s.
				  NR
				  708.09 is applicable, responsible parties shall
				  conduct all necessary additional response actions at the completion of an
				  immediate action including, but not limited to, the actions listed in subs. (1)
				  to (4), either at the direction of the department or where the responsible
				  party has determined that site or facility conditions warrant an additional
				  response action:
(1) Additional
				immediate action in accordance with this chapter.
(2) Interim action, in accordance with this
				chapter and, as applicable, ch. NR 724.
(3) A site investigation, in accordance with
				the requirements of ch. NR 716.
(4)
				Implementation of a preventive measures plan to minimize or prevent any further
				hazardous substance discharges.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 708 - Immediate And Interim Actions › Section NR 708.09 - No further response action

Current through June 24, 2024
(1) GENERAL. Unless
				sub. (2) is applicable, responsible parties shall submit a final report for
				completed immediate action at the site or facility which addresses the
				following criteria, where applicable, and a letter of compliance documenting
				that the immediate response action is complete and no further action is
				necessary to respond to a hazardous substance discharge or environmental
				pollution:
(a) The type of hazardous
				substance discharged or the type of environmental pollution, including the
				toxicity, mobility and volume of the contamination.
(b) The duration of the discharge.
(c) Time until the discharge or environmental
				pollution was responded to and properly contained or eliminated.
(d) Any mitigation efforts that may have
				accelerated the migration of the environmental pollution or hazardous
				substances, such as any fire mitigation methods.
(e) Weather conditions at the site or
				facility, such as any precipitation that may have accelerated the migration of
				the contamination, from the time of the discharge until the response was
				completed.
(f) Migration potential
				of the contamination, including soil conditions, proximity to surface water
				bodies, location of drains or storm sewers, depth to groundwater and the
				integrity of any containment area.
(g) The nature and scope of any immediate
				action conducted.
(h) The results
				of any sampling conducted to confirm the adequacy of the response, taken in
				accordance with s.
				NR 708.05(3)
				(c).
(i) Visual and olfactory evidence of
				contamination.
(j) Actual or
				potential environmental impacts.
(k) Proximity of contamination to
				receptors.
(L) Present and
				anticipated future land use.
(m)
				Whether or not routes of exposure are protective and the environment has been
				restored to the extent practicable.
(n) Any other information that the department
				considers relevant.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 708 - Immediate And Interim Actions › Section NR 708.11 - Interim actions

Current through June 24, 2024
(1) GENERAL.
(a) Responsible parties shall evaluate the
				need for interim action prior to initiating a site investigation and during a
				site investigation. Interim action shall be taken where it is necessary to
				contain or stabilize a discharge of a hazardous substance or environmental
				pollution, in order to minimize any threat to public health, safety, or welfare
				or the environment. When an interim action is warranted, responsible parties
				shall implement an interim action as soon as facility or site- related
				information makes it possible to do so, in compliance with the requirements of
				this chapter.
Note:
The principal distinction between a
				  non-emergency immediate action and an interim action is that a site
				  investigation will generally be required in conjunction with an interim action,
				  but not with a non-emergency immediate action. In addition, interim actions
				  will be closed out using the criteria in ch. NR 726, not the "no further
				  action" criteria in s.
				  NR
				  708.09.
(b) The department may require the use of a
				vapor mitigation system, or other engineering control, when vapor
				concentrations beneath a slab, foundation, or building exceed a vapor risk
				screening level.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 708 - Immediate And Interim Actions › Section NR 708.13 - Free product removal

Current through June 24, 2024
Responsible parties shall conduct free product removal
				  whenever it is necessary to halt or contain the discharge of a hazardous
				  substance or to minimize the harmful effects of the discharge to the air, lands
				  or waters of the state. When required, free product removal shall be conducted,
				  to the maximum extent practicable, in compliance with all of the following
				  requirements:
(1) Free product removal
				shall be conducted in a manner that minimizes the spread of contamination into
				previously uncontaminated zones using recovery and disposal techniques
				appropriate to the hydrologic conditions at the site or facility, and that
				properly reuses or treats discharges of recovery byproducts in compliance with
				applicable state and federal laws.
(2) Free product removal systems shall be
				designed to abate free product migration.
(3) Any flammable products shall be handled
				in a safe and competent manner to prevent fires or explosions.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 708 - Immediate And Interim Actions › Section NR 708.15 - Interim action reports

Current through June 24, 2024
(1) GENERAL. Responsible parties shall
				prepare and submit to the department an interim action report, in accordance
				with this section, describing each interim action taken. The interim action
				report shall be submitted as part of the remedial action report or the site
				investigation report, unless otherwise directed by the department or unless
				sub. (2) is applicable.
(2) FREE
				PRODUCT REMOVAL. For interim actions conducted to remove free product that was
				discharged from a UST, responsible parties shall prepare and submit an interim
				action report to the department within 45 days after confirming a discharge in
				accordance with the requirements of ch. NR 706, unless otherwise directed by
				the department.
(3) REPORT
				CONTENTS. The report required in sub. (1) or (2) shall include all of the
				following:
(a) Name, address and telephone
				number of the responsible party.
(b) Location of the site or facility, or
				discharge incident, including street address; quarter-quarter section,
				township, range, and county; the location information specified in s.
				NR 716.15(5)
				(d); latitude and longitude, and legal
				description of lot, if located in platted area.
(c) The department-issued site or facility
				identification number.
(d) The name
				of the consultant or person who has implemented the measures.
(e) A description of the interim action
				implemented.
(f) The estimated
				quantity and type of contamination, including the thickness of free product
				observed or measured in wells, bore holes and excavations when
				applicable.
(g) The location and
				effluent quality of any permitted discharge, such as a wastewater
				discharge.
(h) The steps that have
				been or are being taken to obtain necessary permits for any
				discharge.
(i) The type, total
				volume and final disposition of any recovered hazardous substance discharged
				and contaminated environmental media generated, treated, stored or disposed of,
				including legible copies of manifests, receipts and other relevant
				documents.
(k) An operation and
				maintenance plan for any engineering control or barrier employed, including a
				cover, a groundwater barrier system, or a vapor mitigation system.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 708 - Immediate And Interim Actions › Section NR 708.17 - Local Governmental Unit or Economic Development Corporation Exemptions

Current through June 24, 2024
(1)
				GENERAL.
(a) If, after considering the
				intended development and use of a property, the department determines under s.
				292.11(9)
				(e) 4, Stats., that action is necessary to
				reduce to acceptable levels any substantial threat to public health or safety
				when the property is developed or put to that intended use, the department may
				direct the local governmental unit or economic development corporation to take
				that necessary action.
(b) Actions
				directed by the department may include removal of soil contamination,
				investigations beneath demolished buildings, replacement of infiltration
				barriers, or installation of vapor migration barriers.
(c) The local governmental unit or economic
				development corporation directed to take action by the department shall prepare
				and submit a plan to the department for review and approval for the design,
				construction, operation, and maintenance of the necessary actions.
(d) Plan review fees for the plans submitted
				under par. (c) shall be paid by the local governmental unit or economic
				development corporation in accordance with chs.
				NR 749 and NR 750.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 712 - Personnel qualifications for conducting environmental response actions › Section NR 712.01 - Purpose

Current through June 24, 2024
This chapter establishes minimum standards for experience and
				  professional qualifications for persons who perform and provide certain
				  services or scientific evaluations associated with specified environmental
				  response actions. This chapter is adopted pursuant to s.
				  227.11(2)
				  and ch. 292, Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 712 - Personnel qualifications for conducting environmental response actions › Section NR 712.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)"Hydrogeologist" means a person who is
				licensed as a hydrologist or registered as a geologist with the department of
				safety and professional services, and is a graduate of an accredited
				institution of higher education and who has successfully completed 30 semester
				hours or 45 quarter hours of course work in geology. At least 6 semester hours
				or 9 quarter hours of the geology course work shall be hydrogeology,
				geohydrology or groundwater geology. This person shall also have acquired,
				through education and field experience, the ability to direct the drilling of
				borings and the installation and development of wells, describe and classify
				geologic samples, and evaluate and interpret geologic and hydrogeologic data.
Note:
The term registered geologist means a
				  Professional Geologist that has been licensed in accordance with the provisions
				  in ch. GHSS 2, Wis. Adm. Code and the term licensed hydrologist means a
				  Professional Hydrologist that has been licensed in accordance with the
				  provisions in ch. GHSS 3, Wis. Adm. Code.
(2)"Professional engineer" means an engineer
				registered with the department of safety and professional services.
(3)"Scientist" means a person who is a
				graduate of an accredited institution of higher education and who has
				successfully completed the necessary credit hours to receive a degree in a
				field of scientific expertise applicable to environmental response actions,
				including, but not limited to, geology, chemistry, agronomy, crops and soils,
				soil science, toxicology and biology.
(4)"Supervised field experience" means
				experience collecting samples of air, soil, water or other media completed with
				guidance from, and oversight by, a person who meets the requirements of s.
				NR
				712.05(2).
(5)"Supervision" means personal, active
				oversight and control of the preparation of submittals.
Supervision of field personnel may be by telephone or
					 other form of remote communication, unless otherwise specified in this chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 712 - Personnel qualifications for conducting environmental response actions › Section NR 712.05 - Sampling and field work requirements

Current through June 24, 2024
(1) GENERAL. All
				sampling, field work and development of plans for field activities for response
				actions being taken to satisfy the requirements of ss.
				NR
				708.09 to
				708.15 or chs.
				NR
				716 to
				754 shall be conducted by or under
				the supervision of a professional engineer, hydrogeologist or scientist, unless
				sub. (2) or an exemption in s.
				NR
				712.11 is applicable.
(2)SAMPLING FOR IMMEDIATE AND INTERIM ACTIONS
				NOT INVOLVING TREATMENT OR ENGINEERING CONTROLS. For immediate actions and
				interim actions that do not involve treatment or engineering controls, samples
				of air, soil, water or other media for field measurement or analytical
				laboratory analysis are not required to be collected under the supervision of a
				professional engineer, hydrogeologist or scientist, but shall be collected by
				one of the following, unless the sampling is exempt under s.
				NR
				712.11(2):
(a) A graduate of a vocational or technical
				school with course work in science or engineering who has 40 hours of
				supervised field experience; or
(b)
				Any person who has all of the following:
1.
				40 hours of training in collecting, preserving, filtering and transporting
				environmental samples and decontaminating sampling equipment that meets the
				requirements of sub. (4) (a).
2. 80
				hours of supervised field experience that meets the requirements of sub. (4)
				(a).
3. A letter or certificate
				that meets the requirements of sub. (4) (b).
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 712 - Personnel qualifications for conducting environmental response actions › Section NR 712.07 - Requirements for submittal preparation

Current through June 24, 2024
(1)Submittals that
				are prepared to satisfy the requirements of s.
				NR
				708.11(4) or
				708.13 or chs.
				NR
				716 to
				754, which require the performance
				of engineering services or scientific evaluations, including phase I and phase
				II environmental site assessments shall be prepared by or under the supervision
				of a professional engineer, hydrogeologist, or scientist, except as provided in
				s.
				NR
				712.11. All phases of work necessary to obtain data,
				develop conclusions, recommendations and prepare submittals shall be conducted
				or supervised by the professional engineer, hydrogeologist, or scientist.
Note:
The department recommends that at a
				  minimum, ASTM standards be followed when conducting Phase I and Phase II
				  environmental site assessments. EPA's requirements contained in 40 CFR Part 312
				  must be followed in order to be eligible for the liability protections
				  contained in CERCLA.
(2)Submittals prepared to satisfy the
				requirements of ch. NR 722 or 724 or s.
				NR
				708.11(4), including free product
				removal conducted in accordance with s.
				NR 708.13,
				for response actions taken to address groundwater contamination shall be
				jointly prepared by, or under the supervision of, a professional engineer and a
				hydrogeologist.
(3)Submittals
				prepared to satisfy the requirements of ch. NR 722 or 724 or s.
				NR
				708.11(4) for response actions that
				address any media other than groundwater shall be prepared by, or under the
				supervision of, a professional engineer.
Note:
This chapter is not intended to authorize
				  the practice of professional engineering in violation of ch. 443, Stats.
(4)Hydrogeologists shall prepare
				or supervise the preparation of submittals involving the assessment of
				groundwater conditions at a site or facility, when prepared to satisfy the
				requirements of ch. NR 716.
(5)Submittals addressing any media other than
				groundwater, which are prepared to satisfy the requirements of ch. NR 716 or
				720, shall be prepared by or under the supervision of a professional engineer,
				a hydrogeologist or a scientist.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 712 - Personnel qualifications for conducting environmental response actions › Section NR 712.11 - Exemptions

Current through June 24, 2024
(1) GENERAL. The following submittals are
				exempt from the requirements of this chapter:
(a) Submittals related to research projects
				prepared by, or under the supervision of, employees of state or federal
				educational or research institutions who have the training, but not the
				experience, registration or education needed to be a professional engineer,
				hydrogeologist or scientist. This exemption applies only to persons preparing
				or supervising the preparation of a submittal pursuant to s.
				NR
				712.07, not to field personnel covered under s.
				NR
				712.05.
(b) Analytical laboratory reports prepared by
				laboratories that are certified or registered under ch. NR 149 or the U.S. EPA
				contract laboratory program.
(c)
				Plans or specifications for air emission treatment devices that are submitted
				to the department's bureau of air management for approval.
(d) Plans or specifications submitted to the
				department's bureau of water quality for approval of lagoon or treatment system
				abandonment.
(e) Plans and
				specifications submitted to the department to meet the requirements of ch. NR
				108.
Note:
Section
				  NR 108.04(2)
				  (c) requires the final plans and
				  specifications for wastewater treatment devices to be submitted under the
				  signature and the seal of a professional engineer.
(f) Tank closure assessments performed in
				accordance with the requirements of ch. ATCP 93 by a site assessor certified by
				the department of agriculture, trade and consumer protection, and any other
				plans, specifications or reports required by the department of agriculture,
				trade and consumer protection not specifically required by chs.
				NR
				700 to
				754.
(g) Plans for the landspreading of soil
				contaminated only with fertilizers or regulated pesticides.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 714 - PUBLIC PARTICIPATION AND NOTIFICATION › Section NR 714.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to identify the required
				  public participation and notification activities for response actions
				  undertaken pursuant to chs.
				  NR
				  700 to
				  754. Nothing in this chapter shall
				  be construed to prevent the department or responsible parties from providing
				  additional means for public participation and notification consistent with the
				  provisions of this chapter. This chapter is adopted pursuant to ss.
				  227.11(2)
				  and
				  289.06(1),
				  Stats., and ch. 292, Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 714 - PUBLIC PARTICIPATION AND NOTIFICATION › Section NR 714.02 - Applicability

Current through June 24, 2024
This chapter applies to response actions taken under the
				  authority of ch. 292, Stats.
Persons who wish to conduct response actions that will
					 meet the requirements of CERCLA and the National Contingency Plan (NCP) may
					 request that the department enter into a contract with them pursuant to s.
					 292.31,
					 Stats. However, a CERCLA-quality response action will likely require compliance
					 with additional requirements beyond those contained in chs.
					 NR
					 700 to
					 728 in order to satisfy CERCLA and
					 the NCP.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 714 - PUBLIC PARTICIPATION AND NOTIFICATION › Section NR 714.03 - Definitions

Current through June 24, 2024
(1)"Public meeting" means a meeting held for
				general informational purposes and that is not required by statute.
(2)"Continuing obligations" are
				property-specific responsibilities of a property owner that are established
				either before or after the state approves an environmental cleanup, and that
				apply to the property regardless of changes of ownership. Continuing
				obligations include but are not limited to environmental limitations or
				conditions established in the state's closure approval letter.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 714 - PUBLIC PARTICIPATION AND NOTIFICATION › Section NR 714.05 - Responsibilities of the department

Current through June 24, 2024
The department shall conduct all of the following public
				  participation and notification activities:
(1)DEPARTMENT DATABASE. The department shall
				maintain a public database of contaminated sites that are known to the
				department, in accordance with s.
				292.31(1)
				(a), Stats. This database may include sites
				or facilities that have residual contamination, and shall include information
				about any continuing obligations to maintain structural or institutional
				safeguards in regard to the residual contamination, in accordance with ss.
				292.12(3)
				and
				292.57,
				Stats.
Note:
The department database may be accessed
				  at the following web site:
http://dnr.wi.gov/topic/Brownfields/rrsm.html
.
(2)PROPOSED DEPARTMENT-FUNDED
				REMEDIAL ACTIONS.
(a) For sites or facilities
				where a department-funded remedial action is proposed pursuant to s.
				292.11
				or
				292.31,
				Stats., or both, the department shall publish a public notice as a class 1
				notice under ch. 985, Stats., upon selection of a proposed remedial action in
				accordance with ch. NR 708 or 722. The availability of the department's
				proposed remedial action for public review shall be included in the public
				notice, including the identification of a department contact person, and his or
				her phone number and mailing address.
(b) The department shall be responsible for
				conducting or directing appropriate public participation and notification
				activities for sites or facilities where a response action is funded wholly or
				in part by the department and conducted pursuant to s.
				292.11
				or
				292.31,
				Stats., and where the department is overseeing response actions conducted
				wholly or in part by responsible parties under a contract signed pursuant to s.
				292.31,
				Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 714 - PUBLIC PARTICIPATION AND NOTIFICATION › Section NR 714.07 - Public participation and notification requirements for responsible parties

Current through June 24, 2024
(1)
				EVALUATION OF NEED FOR PUBLIC PARTICIPATION AND NOTIFICATION. In order to
				promote effective and meaningful public participation and notification,
				responsible parties shall conduct all necessary public participation and
				notification activities, unless otherwise directed by the department.
				Responsible parties shall evaluate the need for and the level of public
				participation and notification, based on the following criteria:
(a)
Threats.
Known or
				potential threats to public health, safety, or welfare or the environment that
				may be reduced by providing information to the public.
(b)
Public concern.
Level of
				public concern about a specific site, facility, or discharge or the number or
				status of sites, facilities, or discharges which require a response action
				within a particular geographic area.
(c)
Additional information
				needed.
The need to contact the public in order to gather information
				about the response action, including immediate or interim actions.
(d)
Other.
Any other factors
				which may be relevant to a specific site, facility, or discharge or to a group
				of sites, facilities, or discharges.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 716 - Site Investigations › Section NR 716.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to ensure that site
				  investigations provide the information necessary to define the nature, degree
				  and extent of contamination, define the source or sources of contamination,
				  determine whether any interim actions, remedial actions, or both are necessary
				  at the site or facility, and allow an interim or remedial action option to be
				  selected that complies with applicable environmental laws. Nothing in this
				  chapter shall be construed to require plans or reports that are more detailed
				  or complex than is justified by the known scope of contamination or the
				  complexity of the site or facility. This chapter is adopted pursuant to ss.
				  227.11(2),
				  287.03(1)
				  (a), and
				  289.06, Stats.,
				  and ch. 292, Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 716 - Site Investigations › Section NR 716.02 - Applicability

Current through June 24, 2024
(1)This chapter applies to all site
				investigations required under s.
				NR
				716.05 and conducted by:
(a) The department under the authority of ch.
				292, Stats. In this chapter, where the term "responsible parties" appears, it
				shall be read to include "the department" where department-funded response
				action is being taken.
(b)
				Responsible parties at sites, facilities or portions of a site or facility that
				are subject to regulation under ch. 292, Stats., regardless of whether there is
				direct involvement or oversight by the department.
Note:
This chapter does not apply to site
				  assessments undertaken for the sole purpose of gathering information prior to
				  knowledge or discovery of contamination. However, upon the discovery of a
				  discharge of a hazardous substance during a site assessment, s.
				  292.11,
				  Stats., and ch. NR 706 require the responsible party to immediately notify the
				  department of the discharge.
(c) Persons undertaking actions in order to
				obtain the liability exemption under s.
				292.15,
				Stats. In this chapter, where the term ``responsible parties" appears, it shall
				be read to include "the voluntary party" or ``person under contract with the
				voluntary party" where an action is being taken to comply with s.
				292.15,
				Stats.
(d) Other persons seeking
				closure under NR 726.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 716 - Site Investigations › Section NR 716.05 - General

Current through June 24, 2024
(1)When site-specific or facility-specific
				information indicates that soil, sediment, groundwater, surface water, air or
				other environmental media at a site or facility may have become contaminated,
				persons identified under sub.
				NR
				716.02(1) shall conduct a site
				investigation consistent with this chapter. Unless sub. (2) is applicable,
				responsible parties shall use the factors in s.
				NR 708.09(1) (a) to (n)
				and (2) (a) to (c) to determine whether or
				not a site investigation is necessary.
(2)A site investigation is not required of
				the responsible parties at a site or facility, if:
(a) After notification to the department of a
				hazardous substance discharge in accordance with ch. NR 706, the department
				determines that no further action is required of the responsible parties, based
				on the factors in s.
				NR 708.09(1) and
				(2).
(b) After completion of an immediate action,
				the department determines that no further action is required of the responsible
				parties, based on the factors in s.
				NR 708.09(1) and
				(2).
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 716 - Site Investigations › Section NR 716.07 - Site investigation scoping

Current through June 24, 2024
Prior to conducting the field component of a site
				  investigation required under s.
				  NR
				  716.05, responsible parties shall evaluate all of the
				  following relevant items, considering the location of the site or facility, to
				  ensure that the scope and detail of the field investigation are appropriate to
				  the complexity of the site or facility:
(1)History of the site or facility, including
				industrial, commercial or other land uses that may have been associated with
				one or more hazardous substance discharges at the site or facility.
(2)Knowledge of the type of contamination and
				the amount of the contamination.
(3)History of previous hazardous substance
				discharges or environmental pollution.
(4)Environmental media affected or
				potentially affected by the contamination.
(5)Location of the site or facility, and its
				proximity to other sources of contamination.
(6)Need for permission from property owners
				to allow access to the site or facility and to adjacent or nearby
				properties.
(7)Potential or known
				impacts to receptors, including public and private water supplies; buildings
				and other cultural features; and utilities or other subsurface improvements.
				This evaluation shall include mapping the location of all water supply wells
				within a 1,200- foot radius of the outermost edge of contamination.
(8)Potential for impacts to any of the
				following:
(a) Species, habitat or ecosystems
				sensitive to the contamination.
(b)
				Wetlands, especially those in areas of special natural resource interest as
				designated in s.
				NR
				103.04.
(c) Outstanding resource waters and
				exceptional resource waters as defined in ss.
				NR
				102.10 and
				102.11.
(d) Sites or facilities of historical or
				archaeological significance.
Note:
Information on sites or facilities of
				  historical or archeological significance may be found at the following State
				  Historical Society websites:
Wisconsin National Register of Historic Places:
http://preview.wisconsinhistory.org/Content.aspx?dsNav=Nrc:id-4294966367
,N:4294966612&dsNavOnly=N:4294966362
Office of the State Archeologist:
http://www.wisconsinhistory.org/archaeology/osa/
.