reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 679 - Used Oil Management Standards › Subchapter F - Standards for Used Oil Processors and Re-Refiners › Section NR 679.51 - Notification

Current through June 24, 2024
(1) IDENTIFICATION NUMBERS. Used oil
				  processors and re-refiners who have not previously complied with the
				  notification requirements of s.
				  NR
				  660.07 shall comply with this section and obtain an
				  EPA identification number.
(2)
				  MECHANICS OF NOTIFICATION. A used oil processor or re-refiner who has not
				  received an EPA identification number may obtain one by notifying the
				  department of its used oil activity by submitting a completed EPA form
				  8700-12.
See s.
						NR
						660.07 for information on obtaining EPA form
						8700-12.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 679 - Used Oil Management Standards › Subchapter F - Standards for Used Oil Processors and Re-Refiners › Section NR 679.53 - Rebuttable presumption for used oil

Current through June 24, 2024
(1)To ensure that
				  used oil managed at a processing or re-refining facility is not hazardous waste
				  under the rebuttable presumption of s.
				  NR
				  679.10(2) (a) 2., the owner or
				  operator of a used oil processing or re-refining facility shall determine
				  whether the total halogen content of used oil managed at the facility is above
				  or below 1,000 ppm.
(2)The owner or
				  operator shall make this determination by doing any of the following:
(a) Testing the used oil.
(b) Applying knowledge of the halogen content
				  of the used oil in light of the materials or processes used.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 679 - Used Oil Management Standards › Subchapter F - Standards for Used Oil Processors and Re-Refiners › Section NR 679.54 - Used oil management

Current through June 24, 2024
Used oil processors or re-refiners are subject to all
					 applicable spill prevention, control and countermeasures ( 40 CFR part 112 ) in
					 addition to this subchapter. Used oil processors or re-refiners are also
					 subject to the underground storage tank (ch. ATCP 93) requirements for used oil
					 stored in underground tanks whether or not the used oil exhibits any hazardous
					 waste characteristics, in addition to this subchapter.
(1) MANAGEMENT UNITS. Used oil processors or
				  re-refiners may not store used oil in units other than tanks, containers or
				  units regulated under ch. NR 664 or 665.
(2) CONDITION OF UNITS. Containers and above
				  ground tanks used to store or process used oil at processing and re-refining
				  facilities shall be all of the following:
(a)
				  In good condition (no severe rusting, apparent structural defects or
				  deterioration).
(b) Not leaking (no
				  visible leaks).
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 679 - Used Oil Management Standards › Subchapter F - Standards for Used Oil Processors and Re-Refiners › Section NR 679.55 - Analysis plan

Current through June 24, 2024
Owners or operators of used oil processing and re-refining
					 facilities shall develop and follow a written analysis plan describing the
					 procedures that will be used to comply with the analysis requirements of s.
					 NR
					 679.53 and , if applicable, s.
					 NR
					 679.72. The owner or operator shall keep the plan at
					 the facility.
(1) REBUTTABLE
				  PRESUMPTION FOR USED OIL IN S.
				  NR
				  679.53. At a minimum, the plan shall specify all of
				  the following:
(a) Whether sample analyses or
				  knowledge of the halogen content of the used oil will be used to make this
				  determination.
(b) If sample
				  analyses are used to make this determination, all of the following:
1. The sampling method used to obtain
				  representative samples to be analyzed. A representative sample may be obtained
				  using one of the following:
a. One of the
				  sampling methods in ch. NR 661 Appendix I.
b. A method shown to be equivalent under ss.
				  NR
				  660.20 and
				  660.21.
2. The frequency of sampling to be performed,
				  and whether the analysis will be performed on-site or off-site.
3. The methods used to analyze used oil for
				  the parameters specified in s.
				  NR
				  679.53.
(c) The type of information that will be used
				  to determine the halogen content of the used oil.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 679 - Used Oil Management Standards › Subchapter F - Standards for Used Oil Processors and Re-Refiners › Section NR 679.56 - Tracking

Current through June 24, 2024
(1) ACCEPTANCE. Used oil processors or
				  re-refiners shall keep a record of each used oil shipment accepted for
				  processing or re-refining. These records may take the form of a log, invoice,
				  manifest, bill of lading or other shipping documents. Records for each shipment
				  shall include all of the following information:
(a) The name and address of the transporter
				  who delivered the used oil to the processor or re-refiner.
(b) The name and address of the generator or
				  processor or re-refiner from whom the used oil was sent for processing or
				  re-refining.
(c) The EPA
				  identification number of the transporter who delivered the used oil to the
				  processor or re-refiner.
(d) The
				  EPA identification number (if applicable) of the generator or processor or
				  re-refiner from whom the used oil was sent for processing or
				  re-refining.
(e) The quantity of
				  used oil accepted.
(f) The date of
				  acceptance.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 679 - Used Oil Management Standards › Subchapter F - Standards for Used Oil Processors and Re-Refiners › Section NR 679.57 - Operating record and reporting

Current through June 24, 2024
(1) OPERATING
				  RECORD.
(a) The owner or operator shall keep
				  a written operating record at the facility.
(b) All of the following information shall be
				  recorded, as it becomes available, and maintained in the operating record until
				  closure of the facility:
1. Records and
				  results of used oil analyses performed as described in the analysis plan
				  required under s.
				  NR
				  679.55.
2.
				  Summary reports and details of all incidents that require implementation of the
				  contingency plan as specified in s.
				  NR
				  679.52(2).
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 679 - Used Oil Management Standards › Subchapter F - Standards for Used Oil Processors and Re-Refiners › Section NR 679.58 - Off-site shipments of used oil

Current through June 24, 2024
Used oil processors or re-refiners who initiate shipments
					 of used oil off-site shall ship the used oil using a used oil transporter who
					 has obtained an EPA identification number.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 679 - Used Oil Management Standards › Subchapter F - Standards for Used Oil Processors and Re-Refiners › Section NR 679.59 - Management of residues

Current through June 24, 2024
Owners and operators who generate residues from the
					 storage, processing or re-refining of used oil shall manage the residues as
					 specified in s.
					 NR
					 679.10(5).
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 679 - Used Oil Management Standards › Subchapter G - Standards for Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery › Section NR 679.60 - Applicability

Current through June 24, 2024
(1) GENERAL. This subchapter applies to used
				  oil burners, as defined in s.
				  NR
				  679.01, except for facilities burning used oil for
				  energy recovery under any of the following conditions:
(a) The used oil is burned by the generator
				  in an on-site space heater according to s.
				  NR
				  679.23.
(b) The used oil is burned by a processor or
				  re-refiner for purposes of processing used oil, which is considered burning
				  incidentally to used oil processing.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 679 - Used Oil Management Standards › Subchapter G - Standards for Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery › Section NR 679.61 - Restrictions on burning

Current through June 24, 2024
(1)
				  Off-specification used oil fuel may be burned for energy recovery in only the
				  following devices:
(a) Industrial furnaces
				  identified in s.
				  NR
				  660.10.
(b) Boilers, as defined in s.
				  NR
				  660.10, that are identified as any of the following:
1. Industrial boilers located on the site of
				  a facility engaged in a manufacturing process where substances are transformed
				  into new products, including the component parts of products, by mechanical or
				  chemical processes.
2. Utility
				  boilers used to produce electric power, steam, heated or cooled air, or other
				  gases or fluids for sale.
3. Used
				  oil-fired space heaters if the burner meets s.
				  NR
				  679.23.
(c) Hazardous waste incinerators regulated
				  under subch. O of ch. NR 664 or 665.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 679 - Used Oil Management Standards › Subchapter G - Standards for Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery › Section NR 679.62 - Notification

Current through June 24, 2024
(1) IDENTIFICATION NUMBERS. Used oil burners
				  which have not previously complied with the notification requirements of s.
				  NR
				  660.07 shall comply with this section and obtain an
				  EPA identification number.
(2)
				  MECHANICS OF NOTIFICATION. A used oil burner who has not received an EPA
				  identification number may obtain one by notifying the department of its used
				  oil activity by submitting a completed EPA form 8700-12.
See s.
						NR
						660.07 for information on obtaining EPA form
						8700-12.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 679 - Used Oil Management Standards › Subchapter G - Standards for Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery › Section NR 679.63 - Rebuttable presumption for used oil

Current through June 24, 2024
(1) To ensure that
				  used oil managed at a used oil burner facility is not hazardous waste under the
				  rebuttable presumption of s.
				  NR
				  679.10(2) (a) 2., a used oil burner
				  shall determine whether the total halogen content of used oil managed at the
				  facility is above or below 1,000 ppm.
(2) The used oil burner shall determine if
				  the used oil contains above or below 1,000 ppm total halogens by doing any of
				  the following:
(a) Testing the used
				  oil.
(b) Applying knowledge of the
				  halogen content of the used oil in light of the materials or processes
				  used.
(c) If the used oil has been
				  received from a processor or re-refiner regulated under subch. F, using
				  information provided by the processor or re-refiner.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 679 - Used Oil Management Standards › Subchapter G - Standards for Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery › Section NR 679.64 - Used oil storage

Current through June 24, 2024
Used oil burners are subject to all applicable spill
					 prevention, control and countermeasures ( 40 CFR part 112 ) in addition to this
					 subchapter. Used oil burners are also subject to the underground storage tank
					 (ch. ATCPS 93) requirements for used oil stored in underground tanks whether or
					 not the used oil exhibits any hazardous waste characteristics, in addition to
					 this subchapter.
(1) STORAGE UNITS.
				  Used oil burners may not store used oil in units other than tanks, containers
				  or units regulated under ch. NR 664 or 665.
(2) CONDITION OF UNITS. Containers and above
				  ground tanks used to store used oil at burner facilities shall be all of the
				  following:
(a) In good condition (no severe
				  rusting, apparent structural defects or deterioration).
(b) Not leaking (no visible leaks).
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 679 - Used Oil Management Standards › Subchapter G - Standards for Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery › Section NR 679.65 - Tracking

Current through June 24, 2024
(1) ACCEPTANCE. Used oil burners shall keep a
				  record of each used oil shipment accepted for burning. These records may take
				  the form of a log, invoice, manifest, bill of lading or other shipping
				  documents. Records for each shipment shall include all of the following
				  information:
(a) The name and address of the
				  transporter who delivered the used oil to the burner.
(b) The name and address of the generator or
				  processor or re-refiner from whom the used oil was sent to the
				  burner.
(c) The EPA identification
				  number of the transporter who delivered the used oil to the burner.
(d) The EPA identification number (if
				  applicable) of the generator or processor or re-refiner from whom the used oil
				  was sent to the burner.
(e) The
				  quantity of used oil accepted.
(f)
				  The date of acceptance.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 679 - Used Oil Management Standards › Subchapter G - Standards for Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery › Section NR 679.66 - Notices

Current through June 24, 2024
(1) CERTIFICATION. Before a burner accepts
				  the first shipment of off-specification used oil fuel from a generator,
				  transporter, or processor or re-refiner, the burner shall provide to the
				  generator, transporter, or processor or re-refiner a one-time written and
				  signed notice certifying all of the following:
(a) The burner has notified the department
				  stating the location and general description of the burner's used oil
				  management activities.
(b) The
				  burner will burn the used oil only in an industrial furnace or boiler
				  identified in s.
				  NR
				  679.61(1).
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 679 - Used Oil Management Standards › Subchapter G - Standards for Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery › Section NR 679.67 - Management of residues

Current through June 24, 2024
Burners who generate residues from the storage or burning
					 of used oil shall manage the residues according to s.
					 NR
					 679.10(5).
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 679 - Used Oil Management Standards › Subchapter H - Standards for Used Oil Fuel Marketers › Section NR 679.70 - Applicability

Current through June 24, 2024
(1) Any person who conducts any of the
				  following activities is subject to this subchapter:
(a) Directs a shipment of off-specification
				  used oil from that person's facility to a used oil burner.
(b) First claims that used oil that is to be
				  burned for energy recovery meets the used oil fuel specifications in s.
				  NR
				  679.11.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 679 - Used Oil Management Standards › Subchapter H - Standards for Used Oil Fuel Marketers › Section NR 679.71 - Prohibitions

Current through June 24, 2024
A used oil fuel marketer may initiate a shipment of
					 off-specification used oil only to a used oil burner who meets all of the
					 following:
(1) Has an EPA
				  identification number.
(2) Burns
				  the used oil in an industrial furnace or boiler identified in s.
				  NR
				  679.61(1).
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 679 - Used Oil Management Standards › Subchapter H - Standards for Used Oil Fuel Marketers › Section NR 679.72 - On-specification used oil fuel

Current through June 24, 2024
(1) ANALYSIS OF
				  USED OIL FUEL. A generator, transporter, processor or re-refiner, or burner may
				  determine that used oil that is to be burned for energy recovery meets the fuel
				  specifications of s.
				  NR 679.11
				  by performing analyses or obtaining copies of analyses or other information
				  documenting that the used oil fuel meets the specifications.
(2) RECORD RETENTION. A generator,
				  transporter, processor or re-refiner, or burner who first claims that used oil
				  that is to be burned for energy recovery meets the specifications for used oil
				  fuel under s.
				  NR
				  679.11, shall keep copies of analyses of the used oil
				  (or other information used to make the determination) for 3 years.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 679 - Used Oil Management Standards › Subchapter H - Standards for Used Oil Fuel Marketers › Section NR 679.73 - Notification

Current through June 24, 2024
(1) IDENTIFICATION NUMBERS. A used oil fuel
				  marketer subject to this subchapter who has not previously complied with the
				  notification requirements of s.
				  NR
				  660.07 shall comply with this section and obtain an
				  EPA identification number.
(2)
				  MECHANICS OF NOTIFICATION. A marketer who has not received an EPA
				  identification number may obtain one by notifying the department of its used
				  oil activity by submitting a completed EPA form 8700-12.
See s.
						NR
						660.07 for information on obtaining EPA form
						8700-12.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 679 - Used Oil Management Standards › Subchapter H - Standards for Used Oil Fuel Marketers › Section NR 679.74 - Tracking

Current through June 24, 2024
(1) OFF-SPECIFICATION USED OIL DELIVERY. Any
				  used oil fuel marketer who directs a shipment of off-specification used oil to
				  a burner shall keep a record of each shipment of used oil to a used oil burner.
				  These records may take the form of a log, invoice, manifest, bill of lading or
				  other shipping documents. Records for each shipment shall include all of the
				  following information:
(a) The name and
				  address of the transporter who delivers the used oil to the burner.
(b) The name and address of the burner who
				  will receive the used oil.
(c) The
				  EPA identification number of the transporter who delivers the used oil to the
				  burner.
(d) The EPA identification
				  number of the burner.
(e) The
				  quantity of used oil shipped.
(f)
				  The date of shipment.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 679 - Used Oil Management Standards › Subchapter H - Standards for Used Oil Fuel Marketers › Section NR 679.75 - Notices

Current through June 24, 2024
(1) CERTIFICATION. Before a used oil
				  generator, transporter, or processor or re-refiner directs the first shipment
				  of off-specification used oil fuel to a burner, that person shall obtain a
				  one-time written and signed notice from the burner certifying all of the
				  following:
(a) The burner has notified the
				  department stating the location and general description of used oil management
				  activities.
(b) The burner will
				  burn the off-specification used oil only in an industrial furnace or boiler
				  identified in s.
				  NR
				  679.61(1).
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 679 - Used Oil Management Standards › Subchapter I - Standards for Use as a Dust Suppressant and Disposal of Used Oil › Section NR 679.80 - Applicability

Current through June 24, 2024
This subchapter applies to all used oils that cannot be
					 recycled and are therefore being disposed.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 679 - Used Oil Management Standards › Subchapter I - Standards for Use as a Dust Suppressant and Disposal of Used Oil › Section NR 679.81 - Disposal

Current through June 24, 2024
(1) DISPOSAL OF HAZARDOUS USED OILS. Used
				  oils that are identified as a hazardous waste and cannot be recycled according
				  to this chapter, shall be managed according to the hazardous waste management
				  requirements of chs. NR 660 to
				  670.
(2) DISPOSAL OF NONHAZARDOUS USED OILS.
(a) No person may dispose of used oil, or
				  material containing or otherwise contaminated with used oil, in a solid waste
				  disposal facility except as provided in par. (b).
(b) Material containing or otherwise
				  contaminated with minimal amounts of used oil from which the used oil has been
				  properly drained or removed to the extent possible, such that no visible signs
				  of free-flowing oil remain in or on the material, may be disposed of in a solid
				  waste disposal facility according to chs.
				  NR 500 to
				  524, if the material is not
				  hazardous waste and cannot be recycled under this chapter.
Note: The department encourages the recycling of used oil
					 including oil-soaked rags and similar materials by the use of laundering
					 services, burning for energy recovery and other recycling
					 methods.
Wisconsin Administrative Code › Department of Natural Resources › NR 600-699 - Environmental Protection - Hazardous Waste Management › Chapter NR 679 - Used Oil Management Standards › Subchapter I - Standards for Use as a Dust Suppressant and Disposal of Used Oil › Section NR 679.82 - Use as a dust suppressant

Current through June 24, 2024
The use of used oil as a dust suppressant is
					 prohibited.
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 700.01 - Purpose

Current through June 24, 2024
(1)The purpose of this chapter is to provide
				definitions of terms used in chs.
				NR
				700 to
				754, to incorporate by reference
				specified regulations or materials, and to grant confidential status for
				records, reports and other information furnished to or obtained by the
				department for use in the administration of chs.
				NR
				700 to
				754.
(2)The purpose of chs.
				NR
				700 to
				754 is to establish consistent,
				uniform standards and procedures that allow for site-specific flexibility,
				pertaining to the identification, investigation and remediation of sites and
				facilities which are subject to regulation under chs. 289 and 292, Stats. The
				department intends that responsible parties and other interested persons should
				be able to efficiently move through the process set forth in chs.
				NR
				700 to
				754 with minimal department
				oversight, except where the department has specified that more in-depth
				oversight is needed such as under s.
				292.15
				or s.
				292.65,
				Stats., or through an enforceable order or agreement. These rules are adopted
				pursuant to ch. 160, Stats., ss.
				227.11(2),
				281.19(1),
				287.03(1)
				(a),
				289.05(1),
				289.06,
				289.31(7),
				289.43(8),
				291.05(6),
				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 700 - General Requirements › Section NR 700.03 - Definitions

Current through June 24, 2024
The following definitions apply to chs. NR 700 to
				  754:
(1e) "Agency with administrative
				authority" or "agency" has the meaning specified in s.
				292.12(1)
				(a), Stats.
Note:
Section
				  292.12(1)
				  (a), Stats., reads: "Agency with
				  administrative authority" means the department of agriculture, trade and
				  consumer protection with respect to a site over which it has jurisdiction under
				  s.
				  94.73(2)
				  or the department of natural resources with respect to a site over which it has
				  jurisdiction under s.
				  292.11(7).
(1m) "Approve" or "approval" means a written
				acceptance by the department of a plan, report or other document that has been
				submitted to the department for review.
(1s) "Attenuation factor" means the ratio of
				the indoor air concentration arising from vapor intrusion to the subsurface
				vapor concentration at a point or depth of interest in the vapor intrusion
				pathway.
Note:
Under ch. NR 720, the department allows
				  the use of default attenuation factors from US EPA guidance, or the responsible
				  party may collect enough information to develop a site-specific attenuation
				  factor.
(2) "Background soil
				quality" means:
(a) Soil quality that is
				attributable to the parent material from which the soil was derived and the
				natural processes which produce soil, or from contamination attributable to
				atmospheric deposition including the following constituents; lead, polynuclear
				aromatic hydrocarbons, or polychlorinated biphenyls, but not attributable to
				hazardous substance discharges or the discharge of pollutants, as that phrase
				is defined in s.
				283.01,
				Stats.
(b) Soil quality that is
				found at or within reasonable proximity to the site or facility, at a depth
				comparable to that of the area to be remediated, in the same soil layer and in
				an area unaffected by hazardous substances discharges or the discharge of
				pollutants.
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 700.05 - Confidentiality of information

Current through June 24, 2024
(1)Except as
				provided under sub. (2), any record, report or other information furnished to,
				or obtained by, the department in the administration of chs.
				NR
				700 to
				754 is a public record subject to
				the provisions of ss.
				19.21,
				19.31 to
				19.39,
				Stats., and s.
				NR
				2.195.
(2)If confidential status is sought for any
				record, report or other information furnished to or obtained by the department
				under chs.
				NR
				700 to
				754, the standards and procedures
				in s.
				NR 2.19 are
				applicable to all sites and facilities, and the standards and procedures in s.
				289.09(2),
				Stats., are applicable to the owners and operators of solid waste facilities.
Note:
Under s.
				  NR 2.19, the
				  department may grant confidential status if:
(1) the standards for granting confidential
				status found in s.
				289.09
				or
				291.15,
				Stats., are met;
(2) confidential
				treatment is in the public interest using the balancing test in
State
				ex rel. Youmanns v. Owens
, 28 Wis. 2d 672 (1965); or
(3) a specific statutory or common law right
				to confidential treatment is applicable.
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 700.07 - Incorporation by reference

Current through June 24, 2024
The material listed in this section is incorporated by
				  reference at the paragraph noted: "SW-846, Test Methods for Evaluating Solid
				  Waste", by the U.S. Environmental Protection Agency, Office of Solid Waste,
				  loose-leaf manual, "The Third Edition of SW 846, as amended by Final Updates I,
				  II, IIA, IIB, III, IIIA, IIIB and IV", referenced in s.
				  NR
				  716.13(12).
National Technical Information Service
U.S. Department of Commerce
Springfield, VA 22161
These materials are available for inspection in the
					 offices of the department of natural resources, 101 S. Webster Street, Madison,
					 Wisconsin, or may be accessed at the following web site:
http://www.epa.gov/epaoswer/hazwaste/test/main.htm
or may be purchased for personal use from:
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 700.08 - Superfund site assessment

Current through June 24, 2024
A site or facility may be evaluated by the department to
				  determine eligibility for the federal superfund program, under CERCLA and the
				  NCP. The department also may conduct federal site assessment activities, in
				  cooperation with the U.S. EPA. Assessment activities may include, but are not
				  limited to:
(1)Identifying sites for
				addition to CERCLIS;
(2)Reviewing
				files by department staff in the form of preliminary assessments;
(3)Collecting data both on-and-off-site by
				conducting field sampling;
(4)Preparing or reviewing federally prepared
				hazard ranking system scores, using the federal hazard ranking system;
				and
(5)Nominating sites or
				facilities to the national priorities list.
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 700.10 - Identification of responsible parties

Current through June 24, 2024
The department may attempt to identify potentially
				  responsible parties during any phase of response action by any of the following
				  methods:
(1)Interviewing local
				officials, neighboring residents, persons involved with the operations of the
				site or facility, and past and present site or facility owners or
				operators.
(2)Reviewing operational
				records of the site or facility.
(3)Reviewing department records.
(4)Determining current and past ownership of
				the site or facility.
(5)Collecting
				and analyzing samples.
(6)Other
				appropriate means.
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 700.11 - Submittals

Current through June 24, 2024
(1) GENERAL. Unless otherwise directed by the
				department, responsible parties shall comply with the following:
(a) Responsible parties shall submit site
				progress reports that summarize the completed work and additional work planned
				to adequately complete the response action at the site or facility to the
				department at 6 month intervals until case closure is granted by the
				department. The first site progress report shall be submitted to the department
				no later than 6 months after the responsible party notifies the department of
				the discharge in accordance with s.  NR 706.05. Progress reports shall be
				provided on a reporting form supplied by the department. The department may
				require progress reports be submitted at a different frequency than
				semi-annually.
Note:
For guidance on progress reporting, see
				  RR-082, Guidance: NR 700 Semi-Annual Site Progress Report, Wis. Admin Code
				  §  NR 700.11 (1) (a). The guidance may be found by visiting
				  dnr.wisconsin.gov and searching "RR-082" in the search bar.
(bm) Unless otherwise directed by the
				department, responsible parties shall submit a site investigation work plan
				meeting the requirements of s.  NR 716.09  to the department within 60 days of
				receiving notification that a site investigation is required.
(cm) Responsible parties shall submit a site
				investigation report meeting the requirements of s.  NR 716.15  to the department
				within 60 days after completion of the field investigation and receipt of the
				laboratory data.
(dm) Responsible
				parties shall submit a remedial action options report meeting the requirements
				of s.  NR 722.13  to the department within 60 days after submittal of the site
				investigation report.
(em) The
				department shall provide written acknowledgement of receipt of the reports
				listed in par. (bm) to (dm) within 30 days.
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 700.13 - Sample preservation and analysis

Current through June 24, 2024
(1) GENERAL
				REQUIREMENTS. All sampling, preservation, extraction, and analytical methods
				used for compliance with chs. 700 to 754 shall be according to the requirements
				in s.
				NR
				716.13
(1m) USE OF GASOLINE RANGE ORGANICS/DIESEL
				RANGE ORGANICS ANALYSIS. Soil or groundwater analyses for gasoline range
				organics or diesel range organics conducted for screening purposes shall be
				completed in accordance with the "Modified GRO, Method for Determining Gasoline
				Range Organics" and the "Modified DRO, Method for Determining Diesel Range
				Organ-ics." For purposes of this section, the term "screening purposes" means
				sampling conducted during site investigations, environmental assessments or
				other activities in compliance with chs.
				NR
				700 to NR 754 for purposes of determining whether a
				discharge has occurred or to estimate the degree and extent of contamination.
Note:
The "Modified GRO, Method for Determining
				  Gasoline Range Organics: (WI-PUBL-SW-140) and "Modified Diesel Range Organics"
				  (WI-PUBL-SW-141) are available online at the Wisconsin department of natural
				  resources laboratory accreditation program website.
Note: Pursuant to s.
				  299.11(4)
				  (c), Stats., (Note) is shown as amended eff.
				  6-29-21 by CR 17-046. Prior to 6-29-21 it reads:
Note: The "Modified GRO, Method for Determining
				  Gasoline Range Organ-ics: (WI-PUBL-SW-141) and "Modified Diesel Range Organics"
				  (WI-PUBL-SW-14) are available online at
http://dnr.wi.gov/regulations/labcert/documents/methods/drosep95.pdf
and
http://dnr.wi.gov/regulations/labcert/documents/methods/grosep95.pdf
.
				  These methods are referenced in s. NR 149, Appendix III, List of Authoritative
				  Sources.
The "Modified GRO, Method for Determining Gasoline Range
					 Organics" (WI-PUBL-SW-141) and "Modified DRO, Method for Determining Diesel
					 Range Organics" (WI-PUBL-SW-140) are available from the Department of Natural
					 Resources, Emergency and Remedial Response Section, 101 S. Webster St.,
					 Madison, WI 53707.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 702 - Contingency planning for hazardous substance discharge response by state agencies › Section NR 702.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish criteria and
				  procedures for use by the department in developing, establishing and amending a
				  contingency plan, that complements and is consistent with federal, state and
				  local contingency plans. The department's contingency plan is intended to
				  provide for efficient, coordinated and effective response to hazardous
				  substance discharges which may pose an imminent threat to public health, safety
				  or welfare or the environment, and to minimize harmful effects to the air, land
				  and waters of the state. 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 702 - Contingency planning for hazardous substance discharge response by state agencies › Section NR 702.02 - Applicability

Current through June 24, 2024
This chapter applies to the department's development,
				  establishment and amendment of a contingency plan for the undertaking of
				  emergency immediate actions in response to the discharge of hazardous
				  substances, as required by s.
				  292.11,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 702 - Contingency planning for hazardous substance discharge response by state agencies › Section NR 702.03 - Definitions

Current through June 24, 2024
In this chapter, "incident command system" means an organized
				  approach used to effectively control and manage operations at the scene of an
				  emergency immediate action.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 702 - Contingency planning for hazardous substance discharge response by state agencies › Section NR 702.05 - Contingency plan development

Current through June 24, 2024
(1) The department
				shall develop and establish a contingency plan for responding to hazardous
				substance discharges that pose an imminent threat to public health, safety or
				welfare or the environment, after consulting with local government, federal
				agencies and other state agencies which may be involved in an emergency
				immediate action within the state of Wisconsin. The contingency plan shall be
				developed to be consistent with the overall state emergency operations plan
				maintained by the division of emergency government. The department's
				contingency plan shall include all of the following:
(a) Personnel protection measures.
(b) Site investigation and documentation
				procedures.
(c) Hazardous substance
				identification procedures.
(d)
				Procedures for management of hazardous substances.
(e) Duties and responsibilities of other
				state departments and agencies.
(f)
				Procedures for restoration of affected lands or waters.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 702 - Contingency planning for hazardous substance discharge response by state agencies › Section NR 702.07 - Contingency plan amendment and review

Current through June 24, 2024
The contingency plan shall be amended by the department when
				  necessary to improve emergency immediate actions in response to a hazardous
				  substance discharge, after consultation with other affected agencies. At a
				  minimum, the contingency plan shall be reviewed by the department at least
				  every 4 years. The department shall maintain records of emergency actions and
				  non-emergency immediate actions taken by the department in response to
				  hazardous substance discharges and these records shall be taken into account
				  when reviewing the contingency plan.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 702 - Contingency planning for hazardous substance discharge response by state agencies › Section NR 702.09 - Contingency plan criteria

Current through June 24, 2024
The department shall consider all of the following criteria
				  when developing the contingency plan:
(1) At the scene of a hazardous substance
				discharge, there may be response personnel from several different agencies,
				with each agency having its own specific responsibilities, authorities and
				capabilities. In these cases, primary decision-making authority shall rest with
				the agency having specific authority to deal with the concern of highest
				priority as ranked in this subsection. All other agencies' roles and activities
				shall be subordinated until the concern of highest priority is addressed.
				Subsequent activity then progresses to the agency having authority and the
				capability to deal with the next most immediate concern. When it is possible to
				cooperatively address more than one concern at the same time, actions shall be
				taken simultaneously. In every stage of decision making, the consequence of
				each decision on the subsequent response activities shall be weighed, and
				detrimental consequences minimized. Concerns shall be prioritized according to
				the following ranking:
(a) Rescue and
				treatment of injured humans.
(b)
				Prevention of injury to humans.
(c)
				Protection of potable water supplies.
(d) Protection of the air, lands or waters of
				the state.
(e) Prevention and
				minimization of damage to human dwellings.
(f) Protection of agricultural products and
				domestic animals used for foods.
(g) Preservation of all indigenous animal and
				plant species and the quality of habitats of those species.
(h) Re-establishment of transportation
				usage.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 704 - Contingency planning for abandoned container response › Section NR 704.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish criteria and
				  procedures for developing, establishing and amending a contingency plan to be
				  used by the department when responding to abandoned containers of hazardous
				  substances, other than buried containers. This chapter is adopted pursuant to
				  ss.
				  227.11(2)
				  and
				  292.41,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 704 - Contingency planning for abandoned container response › Section NR 704.02 - Applicability

Current through June 24, 2024
This chapter applies to the department's development,
				  establishment and amendment of a contingency plan for conducting emergency
				  immediate actions in relation to abandoned containers of hazardous substances,
				  as required by s.
				  292.41,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 704 - Contingency planning for abandoned container response › Section NR 704.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Abandoned container" has the meaning specified in s.
				292.41(1),
				Stats.
Note: Section
				  292.41(1),
				  Stats., defines "abandoned container" to mean "any container which contains a
				  hazardous substance and is not being monitored and maintained."
(2) "Container" means any vessel,
				tank, bag, box, carton, barrel or drum, which holds or encloses an actual or
				suspected hazardous substance and is not located under or partially under the
				land surface.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 704 - Contingency planning for abandoned container response › Section NR 704.05 - Contingency plan development

Current through June 24, 2024
(1) The department
				shall develop a contingency plan for responding to abandoned containers. The
				contingency plan shall include all of the following elements:
(a) Personnel protection measures.
(b) Procedures for obtaining access to the
				site.
(c) Site investigation and
				documentation procedures.
(d)
				Hazardous substance identification procedures.
(e) Procedures for transportation of
				hazardous substances.
(f)
				Procedures for proper management of hazardous substances.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 704 - Contingency planning for abandoned container response › Section NR 704.07 - Contingency plan amendment and review

Current through June 24, 2024
The contingency plan shall be amended by the department when
				  necessary to improve response to abandoned containers of hazardous substances.
				  At a minimum, the plan shall be reviewed by the department at least every 4
				  years. The department shall maintain records regarding abandoned container
				  response actions and these records shall be taken into account in reviewing the
				  contingency plan.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 704 - Contingency planning for abandoned container response › Section NR 704.09 - Criteria for abandoned container response

Current through June 24, 2024
The plan developed under s.
				  NR
				  704.05 shall contain all of the following criteria to
				  be considered by the department when evaluating a response action for an
				  abandoned container:
(1) Quantity,
				toxicity or other threats the hazardous substance presents to public health,
				safety or welfare or the environment.
(2) Location and condition of the
				container.
(3) Whether an emergency
				exists, considering the nature of the hazardous substance and the location and
				condition of its container.
(4)
				Costs versus potential threats shall be considered when evaluating abandoned
				container responses in cases where the actual or potential threat to public
				health, safety or the environment is low.
(5) Whether a responsible party can be
				identified and is able to adequately respond in a timely manner.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 704 - Contingency planning for abandoned container response › Section NR 704.11 - Evaluation of hazardous substance management options

Current through June 24, 2024
The contingency plan developed pursuant to s.
				  NR
				  704.05 shall contain the following criteria for
				  evaluating options for managing hazardous substances found in abandoned
				  containers:
(1) Hazardous substances
				from abandoned containers shall be managed using technologies that minimize the
				amount of untreated waste, through the use of recycling or treatment, to the
				extent feasible.
(2) The following
				methods for addressing specific hazardous substances shall be considered and
				analyzed, in order of descending preference:
(a) Reuse or recycling of any hazardous
				substance in-state or out-of-state at a facility in compliance with state and
				federal laws;
(b) Treatment on-site
				or in-state in compliance with applicable state and federal laws;
(c) Treatment at an out-of-state facility in
				compliance with state and federal laws;
(d) Disposal on-site or in-state in an
				engineered unit designed to minimize future releases and in compliance with
				applicable state and federal laws; and
(e) Disposal out-of-state at a facility in
				compliance with state and federal laws;