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 722.09 - Selection of a remedial action

Current through June 24, 2024
(1) GENERAL. An
				option from the range of technically feasible options shall be selected based
				on the results of the evaluation conducted pursuant to s.
				NR
				722.07, in compliance with this section. If an
				option's cost, including all the costs listed in s.
				NR
				722.07(4) (b), is excessive with
				respect to what is being technically achieved by the option relative to other
				available options, responsible parties may choose not to select it.
(2)ENVIRONMENTAL LAWS AND STANDARDS.
				Responsible parties shall select a remedial action or combination of remedial
				actions that achieve restoration of the environment to the extent practicable,
				minimize the harmful effects from the contamination on the air, lands and
				waters of the state and comply with all applicable state and federal public
				health and environmental laws and environmental standards. Environmental laws
				and standards include:
(a)
Soils.
Contaminated soil shall be restored in compliance with
				the requirements of ch. NR 720.
Note:
Chapter
				  NR
				  720 provides for residual contaminant levels or
				  performance standards. If residual contaminant levels are used instead of
				  performance standards they must be determined in accordance with the
				  requirements set forth in ch. NR 720. A performance standard maintains a
				  condition that is protective of human health, safety and welfare and the
				  environment. Use of a performance standard will involve land use restrictions,
				  maintenance agreements, long-term monitoring or a combination of these.
(b)
Groundwater.
Contaminated groundwater shall be restored in accordance with all of the
				following requirements:
1. For substances
				that are listed in ch. NR 140, the groundwater restoration goal is the
				preventive action limit. The preventive action limits shall be achieved to the
				extent technically and economically feasible, pursuant to ss.
				NR
				140.24 and
				140.26, unless a PAL exemption is
				granted pursuant to s.
				NR
				140.28.
2.
				For substances which do not have an established standard in ch. NR 140, the
				department may take or require the responsible parties to conduct any necessary
				actions, such as developing site-specific environmental standards in
				cooperation with the department of health services, to protect public health,
				safety, or welfare or to prevent a significant damaging effect on groundwater
				or surface water quality for present or future consumptive or non-consumptive
				uses.
(c)
Surface water and wetlands.
1. Discharges to surface waters or wetlands
				may not result in a surface water quality standard contained in chs.
				NR 102 to
				106 being exceeded and may not
				exceed effluent limitations established by the department based on "best
				available control technology currently available" or, where appropriate, "best
				available control technology economically achievable," in accordance with ch.
				NR 220.
2. For substances that do
				not have established criteria in ss.
				NR 102.14
				and
				105.05 to
				105.09, discharges to surface waters
				or wetlands may not exceed site-specific water quality criteria established by
				the department pursuant to the general standards of ss.
				NR
				102.04(1) (d) and
				103.03(2) (d).
Note:
The water quality standards contained in
				  chs.
				  NR 102 to
				  106 are comprised of water quality
				  criteria for the prevention of adverse tastes and odors in fish and drinking
				  water (s.
				  NR 102.14
				  ), acute and chronic toxicity to aquatic life (ss.
				  NR
				  105.05 and
				  105.06, respectively), adverse effects
				  to wild and domestic animals (s.
				  NR 105.07 ),
				  human threshold and cancer effects (ss.
				  NR
				  105.08 and
				  105.09, respectively) and designated
				  uses of the surface waters based on their classification and water quality
				  standards and criteria for wetlands. Chapter
				  NR 220 provides that for those
				  point sources identified in s.
				  NR
				  220.21(1), the department shall
				  establish effluent limitations that are achievable by the application of the
				  "best practicable control technology currently available" or, where
				  appropriate, the "best available control technology economically achievable",
				  as required in s.
				  NR
				  220.21(2).
3. At sites or facilities in, or in close
				proximity to, surface water bodies or wetlands, active remedial actions shall
				be taken to prevent or minimize, to the extent practicable, potential and
				actual hazardous substance discharges and environmental pollution that may
				attain or exceed surface water or wetland criteria established in accordance
				with chs.
				NR 102 to
				106.
(d)
Discharges to the air.
All emissions to the air shall comply with applicable requirements in ch. 285,
				Stats., chs.
				NR
				400 to
				499, and any other applicable
				federal or state environmental laws. In addition, for those sites or facilities
				where a discharge of volatile hazardous substances has occurred, the vapor
				intrusion pathway shall be evaluated to determine the likelihood of those
				substances entering the breathing space of a structure. Air contaminated from
				vapor intrusion shall be restored in accordance with the following
				requirements:
1. At sites or facilities where
				vapors have migrated from the source of contamination, active remedial actions
				shall be taken to limit or prevent, to the extent practicable, potential and
				actual hazardous substance discharges and environmental pollution that may
				attain or exceed vapor action levels.
2. The department may take or require the
				responsible parties to conduct any necessary actions, such as developing
				site-specific environmental standards in cooperation with the department of
				health services, to protect public health, safety, or welfare or to prevent a
				significant damaging effect on indoor air quality for present or future
				use.
(e)
Hazardous and solid waste.
1.
				Any waste, debris or waste stream generated by the remedial action shall be
				managed in compliance with all applicable state and federal laws and
				regulations. Contaminated debris, at a minimum, shall be addressed to minimize
				the harmful effects to protect health, safety, and welfare and the
				environment.
2. Management of
				materials contaminated with polychlorinated biphenyls (PCBs) shall comply with
				the requirements of ch. NR 157 and TSCA, if applicable.