Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 700 - General Requirements › Section NR 700.02 - Applicability

Current through June 24, 2024
(1)This chapter and chs. NR 702, 704, and
				708 to
				754 apply to actions taken by the
				department under the authority of chs. 289 and 292, Stats.
(2)This chapter and chs.
				NR 706 to
				754 apply to actions taken by
				responsible parties at sites, facilities or portions of a site or facility that
				are subject to regulation under chs. 289 and 292, Stats., regardless of whether
				there is direct involvement or oversight by the department.
Note:
The department of agriculture, trade and
				  consumer protection has the authority under s.
				  94.73,
				  Stats., to issue corrective action orders to parties who are responsible for
				  the discharge of an agricultural chemical, to require that the responsible
				  parties take action that is necessary to restore the environment to the extent
				  practicable and to minimize the harmful effects of the discharge to the air,
				  lands or waters of this state. The department of agriculture, trade and
				  consumer protection has confirmed their intention to require that this chapter
				  and chs.
				  NR
				  708 to 727 and
				  749 be applied to actions taken by
				  responsible parties as directed by the department of agriculture, trade and
				  consumer protection under s.
				  94.73,
				  Stats. For actions directed by the department of agriculture, trade and
				  consumer protection under s.
				  94.73,
				  Stats., submittals under chs.
				  NR
				  708 to 727 and
				  749 shall be sent to the
				  department of agriculture, trade and consumer protection, and approvals
				  required by these chapters shall be obtained from the department of
				  agriculture, trade and consumer protection.
Note:
Persons who are not responsible parties
				  and who voluntarily take a response action at a site or facility that is
				  subject to regulation under ch. 289, Stats., or s.
				  292.31 or
				  292.11,
				  Stats., are not required to comply with the standards and procedures in chs.
				  NR
				  700 to
				  754 unless the person is seeking
				  the liability exemption under s.
				  292.15,
				  Stats. However, the department may not consider case closure under ch. NR 726
				  for the site or facility until the applicable rules in chs.
				  NR
				  700 to
				  754 have been complied with, and a
				  person who did not originally fall within the definition of a responsible party
				  may become a responsible party if the actions taken by that person cause or
				  worsen the discharge of a hazardous substance or if the person takes possession
				  or control of the site or facility.
Note:
Persons who wish to conduct response
				  actions that will be consistent with 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 or a
				  negotiated agreement under s.
				  292.11(7)
				  (d), 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 and chs.
				NR 706 to
				728,
				750, and
				754 apply to actions taken by
				persons who are seeking a liability exemption under s.
				292.15,
				Stats.
(3m)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, after 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 or 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 these statutes. In addition, federal
					 laws 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.