Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 730 - Superfund cost sharing › Section NR 730.05 - Superfund state cost share

Current through June 24, 2024
(1) COOPERATIVE
				AGREEMENTS AND SUPERFUND STATE CONTRACTS. The department may enter into
				cooperative agreements or Superfund state contracts with the U.S. EPA for the
				purpose of taking a response action under CERCLA. The department may use money
				from the appropriations referenced in s.
				292.31(7),
				Stats., to pay the required Superfund state cost share of any
				Superfund-financed remedial action taken at a national priorities list site in
				accordance with the criteria in sub. (2).
(2) CRITERIA FOR COST SHARING.
(a)
General.
The department
				shall consider the criteria in pars. (b) to (h), to determine whether or not to
				enter into a Superfund state contract with U.S. EPA.
(b)
Department evaluation of the
				proposed remedial action.
The department shall review the remedial
				investigation, feasibility study, the proposed plan and any other reports
				prepared by U.S. EPA to evaluate the proposed remedial action. The department
				may not commit the required Superfund state cost share for a remedial action
				unless the department is in substantial agreement with EPA's assessment of the
				expected ability of the proposed remedial action to protect public health,
				safety and welfare and the environment, and to comply with the applicable state
				environmental and public health laws and standards, whichever are more
				stringent.
(c)
Money
				available to the department.
The department shall consider the money
				available from the appropriations in s.
				292.31(7)
				(b), Stats., taking into account all of the
				following:
1. At the beginning of each fiscal
				year, the department shall reserve adequate funds for planned investigations,
				environmental repair and hazardous substance spill program response actions,
				abandoned container response actions, LUST program state matching funds and
				emergency actions.
2. The
				department shall consider the timing of expenditures in relation to the end of
				the state fiscal year and the availability of new appropriations. When nearing
				the end of a state fiscal year, the department may use funds earlier reserved
				for environmental repair or hazardous substance spill program response actions,
				abandoned container response actions and emergency immediate actions, to commit
				to a Superfund state cost share for remedial actions to be taken at a national
				priorities list site.
(d)
Money available from other
				sources.
The department shall consider the money available from other
				sources to pay the capital cost and annual operation and maintenance costs for
				remedial actions taken at a national priorities list site. Sources may include
				any one of the following:
1. Potentially
				responsible parties or interested persons, including local governments, who are
				willing and able to pay any part of the remedial action costs.
2. Funding from the Wisconsin well
				compensation program under s.
				281.75,
				Stats.
3. For mining facilities,
				the investment and local impact fund under s.
				289.68(2)
				to (4), Stats.
4. Closure bonds or other proof of financial
				responsibility that were previously submitted to the department.
(e)
Timing of response
				actions.
The department shall consider whether or not the threat to
				public health, safety or welfare or the environment at the site or facility
				shall become greater if remedial action is delayed.
(f)
Preclusion of other
				projects.
The department shall consider whether the department's
				ability to take response action at other sites or facilities shall be precluded
				by committing state funds for the Superfund state cost share for the proposed
				remedial action to be taken at a national priorities list site.
(g)
Department staff
				resources.
The department shall consider the availability of
				department staff to serve as project managers and to review
				submittals.
(h)
Other
				criteria.
The department may consider any other criteria it deems
				appropriate.