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.
NR 169.09(2)(e)
(e) Eligible site investigation scoping costs up to $15,000 that are incurred by a third party may be included in an eligible applicant's site investigation reimbursement application if they meet all the following requirements:
NR 169.09(2)(e)2.
2. The activities for which the costs were incurred resulted in the initial discovery of a dry cleaning solvent release from a dry cleaning facility.
NR 169.09(2)(e)3.
3. The activities for which the costs were incurred meet the requirements of this section.
NR 169.09 Note
Note: Section
292.65 (7) (b) 2. Stats., states eligible costs for an award under this section include reasonable and necessary costs, up to $15,000, incurred by a 3rd party in the discovery of a discharge of dry cleaning product from an eligible owner's or operator's dry cleaning facility before the eligible owner or operator discovered the discharge.
NR 169.09(2)(f)
(f) All results of the site investigation scoping or other equivalent pre–discovery activities shall be made available to each consultant preparing a site investigation workplan under
s. NR 169.23.
NR 169.09 Note
Note: If departmental review of site investigation scoping or other equivalent pre–discovery activities is requested, the review will be subject to fees under ch.
NR 749. If a release is documented, those fees are eligible expenses for the purpose of reimbursement.
NR 169.09 History
History: CR 04-128: cr.
Register July 2005 No. 595, eff. 8-1-05.
NR 169.11
NR 169.11 Requirements for reimbursement. NR 169.11(1)(1)
General requirements. Costs listed under
s. NR 169.13 submitted by an eligible applicant are eligible for reimbursement as follows:
NR 169.11(1)(a)
(a)
Immediate actions. To receive reimbursement for costs associated with immediate actions, an eligible applicant shall do all the following:
NR 169.11 Note
Note: Section
NR 706.05 provides that unless exempted under s.
NR 706.07, persons who cause the discharge to the environment of a hazardous substance or who possess or control a hazardous substance which is discharged to the environment shall immediately notify the department of the discharge. The toll free hot–line for spill reporting is 1–800–943–0003.
NR 169.11(1)(a)3.
3. Obtain and document concurrence from the department project manager before incurring eligible immediate action costs that exceed $10,000.
NR 169.11 Note
Note: A non–emergency immediate action is an action in which the department does not require a responsible party to take further action under s.
NR 708.09 once the immediate action is completed. If the department requires further action after a non–emergency immediate response action is taken, that action meets the definition of “interim action" in s.
NR 700.03 (29) and is accordingly subject to the interim action requirements of this chapter.
NR 169.11 Note
Note: Forms are available at no charge from the remediation and redevelopment program in any department regional or central office or by contacting the department at (608) 266-2111.
NR 169.11(1)(a)5.
5. Document to the department that the response meets the criteria for immediate action under
s. NR 708.05 and that the response action was an appropriate response warranted by site conditions.
NR 169.11(1)(a)6.
6. Within 120 days after completing an immediate action, submit an application to the department as specified in
s. NR 169.19 which documents all eligible actions and associated costs. An immediate action is complete when the immediate nature of the release has been adequately addressed. An immediate action that includes operation and maintenance of equipment is complete once the equipment is installed.
NR 169.11 Note
Note: Section
NR 708.05 (2) requires owners or operators who take emergency immediate actions to conduct any further response actions needed to restore the environment to the extent practicable unless the department determines that no further response is necessary in accordance with s.
NR 708.09.
NR 169.11(1)(b)
(b)
Interim actions. To receive reimbursement from the department for costs associated with an interim action, an eligible applicant shall do all the following:
NR 169.11 Note
Note: Section
NR 706.05 provides that unless exempted under s.
NR 706.07, persons who cause the discharge to the environment of a hazardous substance or who possess or control a hazardous substance which is discharged to the environment shall immediately notify the department of the discharge. The toll–free hot–line for spill reporting is 1–800–943–0003.
NR 169.11 Note
Note: Section
292.65 (4) (c), Stats., states that an owner or operator shall notify the department, before conducting a site investigation or any remedial action activity, of the potential for submitting an application for an award under this section. This does not apply to an owner or operator who began a site investigation or remedial action activity before October 14, 1997. Notification forms are available at no charge from the remediation and redevelopment program in any department regional or central office or by contacting the department at (608) 266-2111.
NR 169.11(1)(b)3.
3. Document to the satisfaction of the department that the response meets the criteria of interim action in
s. NR 708.11 and that immediate action is not necessary at the facility.
NR 169.11(1)(b)4.
4. Submit to the department for approval detailed information regarding the interim action being proposed including appropriate cost estimates for the proposed interim action and a schedule for conducting a
ch. NR 716 site investigation.
NR 169.11 Note
Note: Chapter
NR 716 site investigation schedules will be negotiated between the department and applicant. The department may allow phased investigations based on factors such as the risk posed by the site, the anticipated effectiveness of the interim remedial action, the amount and quality of the preliminary site screening data, and financial considerations including the ability to pay for the response action and the availability of funds for reimbursement of response actions
NR 169.11 Note
Note: Chapter
NR 749 fees will not be required by the department for review of the interim action proposal for eligible dry cleaning facilities.
NR 169.11 Note
Note: The department will use the information submitted under subds. 3. and 4. to classify the site's priority for reimbursement under ss.
NR 169.15 and
169.17 NR 169.11(1)(b)5.
5. Obtain departmental approval to undertake the interim action that is detailed as required by
subd. 4.
NR 169.11 Note
Note: The department may approve the action, deny the action or require that the eligible applicant obtain 3 bids for the cost of implementing the action. If the department requires an applicant to obtain bids for an interim action, the bids must be submitted to the department for approval.
NR 169.11(1)(b)6.
6. Implement the interim action in accordance with the proposal approved by the department.
NR 169.11(1)(b)7.
7. Sign a statement agreeing to comply with all applicable statutes and rules, including an agreement to continue to operate, monitor and maintain all interim remedial action equipment and systems until the department determines they are no longer needed as part of the remedial action.
NR 169.11(1)(b)8.
8. Within 120 days of completing the interim action, submit an application form developed by the department and specified in
s. NR 169.19, which documents all eligible actions and associated costs. An interim action is completed when field installations are completed.
NR 169.11 Note
Note: Forms are available at no charge from the remediation and redevelopment program in any department regional or central office or by contacting the department at (608) 266-2111.
NR 169.11(1)(c)
(c)
Site investigations and remedial actions. To receive reimbursement from the department for costs associated with a site investigation and remedial action, an eligible applicant shall do all of the following:
NR 169.11 Note
Note: Section
NR 706.05 provides that unless exempted under s.
NR 706.07, persons who cause the discharge to the environment of a hazardous substance or who possess or control a hazardous substance which is discharged to the environment shall immediately notify the department of the discharge.
NR 169.11 Note
Note: Section
292.65 (4) (c), Stats., states that notification of a potential claim is not required for site investigations or remedial action activity begun before October 14, 1997. Notification forms are available at no charge from the remediation and redevelopment program in any department regional or central office or by contacting the department at (608) 266-2111.
NR 169.11(1)(c)4.
4. Solicit a minimum of 3 and maximum of 6 site investigation workplan bid proposals. As part of that solicitation, identify a date upon which bids are to be received, and keep all bids sealed until after that date.
NR 169.11(1)(c)5.
5. Submit to the department on a form provided by the department all site investigation workplan bids as required in
s. NR 169.23 and obtain department approval for the selected workplan.
NR 169.11 Note
Note: Schedules included in a ch.
NR 716 workplan may include phased approaches for the activities and will be negotiated based on factors such as risk posed by the site, anticipated effectiveness of the interim remedial action, the amount and quality of the site investigation scoping data, the ability to pay for the response action, and the availability of funds for reimbursement of response actions.
NR 169.11 Note
Note: No ch.
NR 749 fees associated with the review of a site investigation workplan will be charged for review of workplans required in this chapter. The department will review workplans within 45 calendar days of their receipt. The department will approve the workplan, request revisions be made to the workplan prior to approval or deny the workplan.
NR 169.11 Note
Note: Forms are available at no charge from the remediation and redevelopment program in any department regional or central office or by contacting the department at (608) 266-2111.
NR 169.11(1)(c)6.
6. Except as provided in
sub. (3), complete a site investigation in compliance with
ch. NR 716, to determine the extent of environmental contamination by the dry cleaning product discharge before conducting a remedial action.
NR 169.11 Note
Note: A ch.
NR 716 site investigation is not considered complete until an approvable site investigation report is submitted to the department.
