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 712.02 - Applicability

Current through June 24, 2024
(1)Except as provided in s.
				NR
				712.11, this chapter applies to work performed by
				environmental consultants hired by the department under the authority of s.
				292.11
				or
				292.31,
				Stats.
(2)Except as provided in s.
				NR
				712.11, this chapter applies to all sampling and field
				work conducted during any response action being taken to satisfy the
				requirements of chs.
				NR
				700 to
				754, including the preparation of
				phase I or phase II environmental site assessments.
(3)Except as provided in s.
				NR
				712.11, this chapter applies to any person who
				provides engineering services or performs any scientific evaluation associated
				with a remedial action or any of the interim actions specified in chs.
				NR
				700 to
				754 for a site, facility or
				portion of a site or facility that is subject to regulation under ch. 292,
				Stats., regardless of whether there is direct involvement or oversight by the
				department. This chapter also applies to any person who provides engineering
				services or performs any scientific evaluation associated with a response
				action taken by a person seeking the liability exemption under s.
				292.15,
				Stats.
Note:
Responsible parties who take an immediate
				  action or interim action that does not involve the construction or operation of
				  on-site treatment or an engineering control, as specified in s.
				  NR
				  708.11(4), are not required to hire
				  personnel who meet the qualifications in this chapter, except that sampling and
				  field work that is being done in conjunction with the immediate or interim
				  action must comply with the requirements of this chapter.
(4)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 shall control. The department
				shall, upon receipt of a written request and appropriate ch. NR 749 fee from a
				responsible party, provide a letter that indicates which regulatory program or
				programs the department considers to be applicable to a site or
				facility.
Sites, facilities or portions of a site or facility that
					 are subject to regulation under ch. 292, Stats., may also be subject to
					 regulation under other statutes, including 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. In addition, federal
					 authorities such as CERCLA, RCRA, or TSCA may also apply to a site or facility
					 or portions of a site or facility. One portion of a site or facility may be
					 regulated under a different statutory authority than other portions of that
					 site or facility.