Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 722 - Standards for selecting remedial actions › Section NR 722.02 - Applicability

Current through June 24, 2024
(1)This chapter applies to all remedial
				actions taken by the department under the authority of ch. 292, Stats. This
				chapter does not apply to immediate actions or interim actions, unless
				specifically noted in ch. NR 708. In this chapter, where the term "responsible
				parties" appears, it shall be read to include the department, where a
				department-funded remedial action is being taken.
(2)Unless otherwise specified elsewhere in
				chs.
				NR
				700 to NR 754, this chapter applies to all remedial
				actions taken by 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, except for
				those sites or facilities being addressed under the dry cleaner response
				program.
Note:
Sites being addressed under the dry
				  cleaner response program are exempt because the comparison of remedies is
				  accomplished through the remedial action bidding process, which requires 3 to 6
				  alternative bids to be compared before a remedy is selected.
(2m)This chapter applies to all remedial
				actions taken by persons seeking the liability exemption under s.
				292.15,
				Stats. In this chapter, where the term "responsible party" appears, it shall be
				read to include the "voluntary party" where an action is being undertaken to
				comply with s.
				292.15,
				Stats.
(3)In addition to being
				applicable to sites or facilities that are subject to regulation under ch. 292,
				Stats., ch. NR 722 applies to the evaluation of proposed remedial action
				options for solid waste facilities where remedial action is required by the
				department pursuant to ch. NR 508.
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.
(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 apply, the more restrictive
				requirements 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, 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.