NR 169.05 Note
Note: Section
292.65 (1) (gm), Stats., states that “immediate action" means a remedial action that is taken within a short time after the discharge of dry cleaning product occurs, or after the discovery of a discharge of dry cleaning product, to halt the discharge, contain or remove dry cleaning product, or remove contaminated soil or water, in order to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to air, lands and waters of the state and to eliminate any imminent threat to public health, safety or welfare.
NR 169.05 Note
Note: This term includes both emergency and non-emergency immediate actions.
NR 169.05(14)
(14) “Indirect cost" means any general cost of business that cannot be directly and exclusively attributed to a response action. Indirect cost includes costs for equipment, supplies, services, real estate, structures and improvements, overhead, managerial and staff support, staff training, taxes, insurance, financing and items which are not directly and exclusively attributable to a response action or the use of which is not limited to the response action.
NR 169.05 Note
Note: Section
292.65 (1) (gs), Stats., states that “interim action" means a remedial action that is taken to contain or stabilize a discharge of a dry cleaning product, in order to minimize any threats to public health, safety or welfare or the environment, while other remedial actions are being planned.
NR 169.05 Note
Note: Section
292.65 (1) (gv), Stats., states that “launder" means to use water and detergent as the main process for cleaning apparel or household fabrics.
NR 169.05(16g)
(16g) “Low priority site" means a site that does not meet the definition of a high or medium priority site.
NR 169.05(16r)
(16r) “Medium priority site" means the site of a discharge of dry cleaning product if at least one of the following applies and the site does not meet the definition of a high priority site:
NR 169.05(16r)(a)
(a) Contaminants from dry cleaning product in groundwater, soil, or soil vapor extend beyond the boundary of the source property.
NR 169.05(16r)(b)
(b) Vapor concentrations at or above a vapor risk screening level are confirmed beneath buildings but a vapor action level is not exceeded within occupied buildings regardless of the location or use of the buildings.
NR 169.05 Note
Note: Vapor concentrations beneath buildings are confirmed through time-integrated air sampling and the use of laboratory methods to achieve detection levels appropriate to human inhalation risk for the contaminants.
NR 169.05 Note
Note: Section
292.65 (1) (h), Stats., states that “operator" means any of the following:
NR 169.05 Note1. A person who holds the license under s.
77.9961 (2), Stats., for a dry cleaning facility.
NR 169.05 Note
2. A subsidiary or parent corporation of the person specified under subd. 1.
NR 169.05 Note
3. A person who operated a dry cleaning facility that ceased operating before October 14, 1997.
NR 169.05 Note
4. A person who operated a dry cleaning facility that ceased operation after October 13, 1997, but that was licensed under s.
77.9961 (2) before it ceased operation.
NR 169.05 Note
Note: Section
292.65 (1) (i), Stats., states that “owner" means any of the following:
NR 169.05 Note
1. A person who owns, or has possession or control of, and who receives or received direct or indirect consideration from the operation of any of the following:
NR 169.05 Notea. A dry cleaning facility that is licensed under s.
77.9961 (2), Stats.
NR 169.05 Note
b. A dry cleaning facility that has ceased operation but that, if it ceased operation on or after October 14, 1997, was licensed under s.
77.9961 (2), Stats., before it ceased operation.
NR 169.05 Note
2. A subsidiary or parent corporation of the person specified under subd. 1.
NR 169.05 Note
3. A person who owns the property on which one of the following is located:
NR 169.05 Notea. A dry cleaning facility that is licensed under s.
77.9961 (2), Stats.
NR 169.05 Note
b. A dry cleaning facility that has ceased operation but that was licensed under s.
77.9961 (2), Stats., before it ceased operation and was licensed and operating while the person owned the property.
NR 169.05 Note
Note: A person who owns property on which a licensed dry cleaning facility was located during part of the period when the dry cleaning facility operated is eligible for this reimbursement program. Eligibility does not transfer to subsequent property owners.
NR 169.05 Note
Note: A facility has ceased operation when it is no longer capable of dry cleaning clothes and is no longer subject to the licensing requirements of s.
77.9961, Stats. Facilities that have ceased operation can include those that have been converted to dry stores or laundromats.
NR 169.05 Note
Note: Rent payments from a dry cleaner operation are not considered “
indirect consideration" from the operation of the dry cleaner.
NR 169.05(20)
(20) “Qualification based selection" means a selection process that provides an owner or operator an objective and logical way to choose a professional consultant based on the consultant's qualifications and competence as they relate to the specific project.
NR 169.05 Note
Note: Section
NR 700.03 (48) reads: “Remedial action" or “remedy" means those response actions, other than immediate or interim actions, taken to control, minimize, restore, or eliminate the discharge of hazardous substances or environmental pollution so that the hazardous substances or environmental pollution do not present an actual or potential threat to public health, safety, or welfare or the environment. The term includes actions designed to prevent, minimize, stabilize, or eliminate the threat of discharged hazardous substances, and actions to restore the environment to the extent practicable and meet all applicable environmental standards. Examples include storage, disposal, containment, treatment, recycling, or reuse, and any monitoring required to assure that such actions protect public health, safety, or welfare or the environment.
NR 169.05(23)
(23) “Response action" means an immediate action, interim action, site investigation or remedial action as defined in
s. NR 700.03.
NR 169.05 Note
Note: Section
292.65 (1) (L), Stats., states that “service provider" means a consultant, testing laboratory, monitoring well installer, soil boring contractor, other contractor or any other person who provides a product or service for which an application for reimbursement has been or will be filed under this section, or a subcontractor of such a person.
NR 169.05 Note
Note: Section
NR 700.03 (57) states that “site investigation" means an investigation undertaken in conformance with ch.
NR 716.
NR 169.05(27)
(27) “Site investigation scoping" means a report prepared to identify releases from a dry cleaning facility or to ensure that the scope and detail of a subsequent field investigation is appropriate to the complexity of the facility and which evaluates all the following items:
NR 169.05(27)(a)
(a) History of the facility, including the location of dry cleaning equipment and chemical and filter storage.
NR 169.05(27)(b)
(b) Knowledge of the type of contamination and the amount of the contamination.
NR 169.05(27)(c)
(c) Environmental media affected or potentially affected by the contamination.
NR 169.05(27)(d)
(d) Location of the site or facility and its proximity to other sources of contamination.
NR 169.05 Note
Note: “Receptors" has the same meaning as in s.
NR 700.03 (47), which defines “receptors" as “environmental resources, including but not limited to, plant and animal species and humans, sensitive environments and habitats, water supply wells, and buildings or locations that have the potential to be, or have actually been, exposed to contamination."
NR 169.05(27)(f)
(f) Assessment of potential or known impacts to sensitive areas including wetlands, outstanding resource waters and exceptional resource waters, and sites or facilities of historical or archaeological significance.
NR 169.05(27)(g)
(g) A map showing the site boundaries, location of source areas, including utility corridors, sewer lines, adjacent streets, receptor locations and sample locations and results of sampling.
NR 169.05 Note
Note: The purpose of the site investigation scoping is to document a release from a dry cleaning facility and provide sufficient data to develop an adequate workplan for a ch.
NR 716 Site Investigation, if warranted. A limited number of samples per source area per media (soil/water) will be approved as site conditions warrant in order to meet the above objectives.
NR 169.05 Note
Note: Section
292.65 (1) (m), Stats., states that “subsidiary or parent corporation" means a business entity, including a subsidiary, parent corporation or other business arrangement, that has elements of common ownership or control or that uses a long– term contractual arrangement with a person to avoid direct responsibility for conditions at a dry cleaning facility.
NR 169.05(29)
(29) “Third party" means a person who is not an owner or operator or the agent of an owner or operator for a particular site.
NR 169.05 Note
Note: Section
NR 700.03 (66p) defines “vapor action level" as “the concentration of vapors from volatile compounds is at or above the 1-in-100,000 (1x10
-5) excess lifetime cancer risk or is at or above a hazard index of 1 for non-carcinogens".
NR 169.05 Note
Note: Section
NR 700.03 (66w) defines “vapor risk screening level" as “the concentration of vapors in samples collected outside a building to estimate indoor vapor concentrations. The vapor risk screening level is equal to the vapor action level multiplied [divided] by an appropriate attenuation factor".
NR 169.05 Note
Note: The correct word is shown in brackets. The scientific process for determining a vapor risk screening level is to divide, not multiply, the vapor action level by an appropriate attenuation factor. This error will be corrected in future rulemaking.
NR 169.05 Note
Note: Vapor risk screening levels are applied to sub-slab, soil gas and groundwater samples.
NR 169.05 Note
Note: Section
NR 700.03 (66y) defines “vapors" as “chemicals that are sufficiently volatile and toxic to pose an inhalation risk to human health via vapor intrusion from a soil or groundwater source".
NR 169.05 Note
Note: Section
NR 700.03 (69) states “workplan" means a plan which outlines the intended scope of a response action, or any phase of a response action, including but not limited to intended methods, procedures and techniques to be used during the response action.
NR 169.05 History
History: CR 04-128: cr.
Register July 2005 No. 595, eff. 8-1-05;
CR 12-023: cr. (12m), (16g), (16r), (29e), (29m), (29s)
Register October 2013 No. 694, eff. 11-1-13.
NR 169.07(1)(1)
Owners or operators. Owners or operators who meet the requirements in s.
292.65 (4) (a), Stats., are eligible to apply for reimbursement under this chapter.
NR 169.07 Note
Note: Section
292.65 (4) (a), Stats., states that the owner or operator of a dry cleaning facility may apply for reimbursement under s.
292.65, Stats., and lists the provisions with which an owner or operator must comply to be eligible for an award.
NR 169.07 Note
Note: The personal representative of an owner or operator may complete the reimbursement process if the owner or operator had submitted a potential claim notification form to the DNR before the owner or operator's death.
NR 169.07 Note
Note: Section
292.65 (4) (k), Stats., states that an owner or operator may enter into a written agreement with another person under which that other person acts as an agent for the owner or operator in conducting the activities under pars. (e) to (j). If an agreement is entered into under this paragraph, all requirements applicable to an owner or operator under par. (m) and subs. (8) (a), (8m) and (12) apply to the agent. The owner or operator or the agent may submit the application for an award under this chapter.
NR 169.07(2)(b)
(b) Agent agreements shall include the name of the eligible applicant and the person who will be acting as an agent for the owner or operator in conducting the activities required under
s. NR 169.09 and shall be signed and dated by both parties.
NR 169.07(2)(c)
(c) Costs incurred prior to a signed, written agency agreement are not eligible for reimbursement under this chapter.
NR 169.07(3)
(3) Owners or operators of dry cleaning facilities on tribal trust lands. An owner or operator of dry cleaning facilities on tribal trust lands of an American Indian tribe is an eligible applicant as provided in s.
292.65 (4) (L), Stats.
NR 169.07 Note
Note: Section
292.65 (4) (L), Stats., states that the owner or operator of a dry cleaning facility located on trust lands of an American Indian tribe may be eligible for an award under this section if the owner or operator otherwise satisfies the requirements of s.
292.65 (4), Stats., and complies with the rules promulgated under this chapter and any other rules promulgated by the department concerning dry cleaning facilities.
NR 169.07 History
History: CR 04-128: cr.
Register July 2005 No. 595, eff. 8-1-05.
NR 169.09(1)(1)
General. Eligible actions are those actions that comply with
chs. NR 700 to
728, including immediate and interim actions, site investigations and remedial actions.
NR 169.09(1)(c)
(c) Remedial actions include those actions that comply with the standards identified in
chs. NR 722 and
724.
NR 169.09(2)(a)(a) An eligible applicant may conduct site investigation scoping or equivalent activities before discovering that a release had occurred in order to document that a dry cleaning product release had occurred from the dry cleaning facility associated with the eligible applicant.
NR 169.09(2)(b)
(b) Reimbursement of site investigation scoping or other equivalent pre–discovery activities shall be limited to those identified in
s. NR 169.05 (27) and are exempt from the contracting and consulting provisions in
s. NR 169.23.
NR 169.09(2)(c)
(c) Costs for site investigation scoping are eligible site investigation costs if they meet all of the following requirements:
NR 169.09(2)(c)1.
1. They are limited to costs of investigating the discharge of a dry cleaning product from a former or current dry cleaning facility.
NR 169.09(2)(c)2.
2. They result in the documentation of a discharge and subsequent notification of that discharge pursuant to s.
292.11, Stats.
NR 169.09(2)(d)
(d) Costs for site investigation scoping or other equivalent pre–discovery activities shall be considered site investigation costs and submitted with the site investigation reimbursement application. Only site investigation scoping or other equivalent pre–discovery actions that result in the documentation of a release of a dry cleaning product from a dry cleaning facility are eligible for reimbursement under this chapter.
