Chapter NR 708

NR 708.07 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; r. and recr. (intro.), Register, March, 1995, No. 471, eff. 4-1-95.

NR 708.09 NR 708.09 No further response action.

NR 708.09(1) (1) General. Unless sub. (2) is applicable, responsible parties shall submit a final report for completed immediate action at the site or facility which addresses the following criteria, where applicable, and a letter of compliance documenting that the immediate response action is complete and no further action is necessary to respond to a hazardous substance discharge or environmental pollution:

NR 708.09(1)(a) (a) The type of hazardous substance discharged or the type of environmental pollution, including the toxicity, mobility and volume of the contamination.

NR 708.09(1)(b) (b) The duration of the discharge.

NR 708.09(1)(c) (c) Time until the discharge or environmental pollution was responded to and properly contained or eliminated.

NR 708.09(1)(d) (d) Any mitigation efforts that may have accelerated the migration of the environmental pollution or hazardous substances, such as any fire mitigation methods.

NR 708.09(1)(e) (e) Weather conditions at the site or facility, such as any precipitation that may have accelerated the migration of the contamination, from the time of the discharge until the response was completed.

NR 708.09(1)(f) (f) Migration potential of the contamination, including soil conditions, proximity to surface water bodies, location of drains or storm sewers, depth to groundwater and the integrity of any containment area.

NR 708.09(1)(g) (g) The nature and scope of any immediate action conducted.

NR 708.09(1)(h) (h) The results of any sampling conducted to confirm the adequacy of the response, taken in accordance with s. NR 708.05 (3) (c).

NR 708.09(1)(i) (i) Visual and olfactory evidence of contamination.

NR 708.09(1)(j) (j) Actual or potential environmental impacts.

NR 708.09(1)(k) (k) Proximity of contamination to receptors.

NR 708.09(1)(L) (L) Present and anticipated future land use.

NR 708.09(1)(m) (m) Whether or not routes of exposure are protective and the environment has been restored to the extent practicable.

NR 708.09(1)(n) (n) Any other information that the department considers relevant.

NR 708.09(2) (2) Site investigation. The department shall require responsible parties to conduct a site investigation in accordance with the requirements of ch. NR 716 if a hazardous substance discharge meets any of the following conditions:

NR 708.09(2)(a) (a) There is evidence that groundwater wells have been affected by a discharge of a hazardous substance.

NR 708.09(2)(b) (b) Free product is found and removal is required under s. NR 708.13.

NR 708.09(2)(c) (c) There is evidence that contaminated soils may be in contact with groundwater.

NR 708.09(3) (3) Reopening a case. The department may require that additional response actions be conducted by responsible parties in compliance with the requirements of chs. NR 700 to 754 if additional information indicates that residual contamination at a site or facility poses a threat to public health, safety, or welfare or the environment.

NR 708.09 Note Note: Although the department may determine at this time that no further response action is necessary pursuant to chs. NR 700 to 754, the site, facility or portion of the site or facility may be subject to the regulations and requirements of other department programs.

NR 708.09 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; r. and recr. (1) (intro.), Register, March, 1995, No. 471, eff. 4-1-95; am. (2) (a), Register, February, 1997, No. 494, eff. 3-1-97; CR 12-023: am. (2) (intro.), (a), (3) Register October 2013 No. 694, eff. 11-1-13.

NR 708.11 NR 708.11 Interim actions.

NR 708.11(1) (1) General.

NR 708.11(1)(a) (a) Responsible parties shall evaluate the need for interim action prior to initiating a site investigation and during a site investigation. Interim action shall be taken where it is necessary to contain or stabilize a discharge of a hazardous substance or environmental pollution, in order to minimize any threat to public health, safety, or welfare or the environment. When an interim action is warranted, responsible parties shall implement an interim action as soon as facility or site- related information makes it possible to do so, in compliance with the requirements of this chapter.

NR 708.11 Note Note: The principal distinction between a non–emergency immediate action and an interim action is that a site investigation will generally be required in conjunction with an interim action, but not with a non–emergency immediate action. In addition, interim actions will be closed out using the criteria in ch. NR 726, not the “no further action” criteria in s. NR 708.09.

NR 708.11(1)(b) (b) The department may require the use of a vapor mitigation system, or other engineering control, when vapor concentrations beneath a slab, foundation, or building exceed a vapor risk screening level.

NR 708.11(2) (2) Specific actions. Interim actions may include any of the following:

NR 708.11(2)(a) (a) Restricting public access to the site or facility.

NR 708.11(2)(b) (b) Conducting source removal, such as excavation and treatment of highly contaminated soils, to prevent or limit further movement of the contamination.

NR 708.11(2)(c) (c) Extracting free product, leachate or groundwater to restrict migration of a contaminant plume.

NR 708.11(2)(d) (d) Constructing a temporary engineering control, such as a low permeability cover, or installing and operating a vapor mitigation system.

NR 708.11(2)(e) (e) Actions listed in s. NR 708.05 (4) (c), (g) or (i).

NR 708.11(3) (3) Selection of interim actions. Unless otherwise directed by the department, responsible parties shall select and implement necessary interim action without prior department approval. The interim action selected by responsible parties shall comply with all of the following requirements:

NR 708.11(3)(a) (a) Be protective of public health, safety, and welfare and the environment for the exposure pathways being addressed and any solid or hazardous waste or the hazardous substances and contaminated environmental media being generated.

NR 708.11(3)(b) (b) Comply with all state and federal public health and environmental laws, whichever are more stringent, that apply to the type of interim action being taken and any solid or hazardous waste and contaminated environmental media that is being generated, treated, stored or disposed as part of the interim action.

NR 708.11(3)(c) (c) Use recycling or treatment to the extent practicable.

NR 708.11(3)(d) (d) Be consistent with the final remedial action that is likely to be selected for that pathway of exposure or contaminated environmental media that is being addressed by the interim action.

NR 708.11(3)(e) (e) Comply with one of the following requirements when disposal of contaminated soil, sediment or other granular material such as fill, not including debris, is proposed:

NR 708.11(3)(e)1. 1. The volume of untreated contaminated soil, sediment or other granular material such as fill, not including debris, from a single site or facility that is proposed for off-site disposal does not exceed 100 cubic yards and is accepted by a landfill for daily cover that does not exceed on an annual basis the landfill’s net daily cover needs or 12.5% of the annual volume of waste received by the landfill.

NR 708.11(3)(e)2. 2. Volumes of contaminated soil, sediment or other granular material, not including debris, that exceed 100 cubic yards may be disposed of in a licensed landfill with a department-approved composite liner, or a liner that is equivalent to a composite liner in terms of environmental protection, as determined by the department, in compliance with the landfill’s approved plan of operation.

NR 708.11(4) (4) Design and implementation requirements. For the types of interim actions listed in pars. (a) through (c), responsible parties shall prepare and submit to the department all reports and plans required by ch. NR 724 for department review and approval prior to proceeding to the next step in design, implementation or operation of an interim action under ch. NR 724, unless otherwise directed.

NR 708.11(4)(a) (a) On-site treatment system, including a groundwater extraction and treatment system.

NR 708.11(4)(b) (b) On–site engineering control or barrier, including a landfill cover or groundwater barrier system, or a vapor mitigation system other than a radon-type sub-slab depressurization system.

NR 708.11(4)(c) (c) Any other type of interim action option when the department notifies responsible parties, on a case-by-case basis, that a design report is required prior to implementation of the interim action.

NR 708.11(5) (5) Additional response action. Unless otherwise directed by the department, responsible parties shall initiate and complete a site investigation in accordance with ch. NR 716 during the implementation of the interim action or as soon as it is feasible to do so after the completion of the interim action.

NR 708.11 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; cr. (3) (e), Register, April, 1995, No. 472, eff. 5-1-95; CR 12-023: renum. (1) to (1) (a), cr. (1) (b), am. (2) (d), (4) (b) Register October 2013 No. 694, eff. 11-1-13.

NR 708.13 NR 708.13 Free product removal. Responsible parties shall conduct free product removal whenever it is necessary to halt or contain the discharge of a hazardous substance or to minimize the harmful effects of the discharge to the air, lands or waters of the state. When required, free product removal shall be conducted, to the maximum extent practicable, in compliance with all of the following requirements:

NR 708.13(1) (1) Free product removal shall be conducted in a manner that minimizes the spread of contamination into previously uncontaminated zones using recovery and disposal techniques appropriate to the hydrologic conditions at the site or facility, and that properly reuses or treats discharges of recovery byproducts in compliance with applicable state and federal laws.

NR 708.13(2) (2) Free product removal systems shall be designed to abate free product migration.

NR 708.13(3) (3) Any flammable products shall be handled in a safe and competent manner to prevent fires or explosions.

NR 708.13 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94.

NR 708.15 NR 708.15 Interim action reports.

NR 708.15(1) (1) General. Responsible parties shall prepare and submit to the department an interim action report, in accordance with this section, describing each interim action taken. The interim action report shall be submitted as part of the remedial action report or the site investigation report, unless otherwise directed by the department or unless sub. (2) is applicable.

NR 708.15(2) (2) Free product removal. For interim actions conducted to remove free product that was discharged from a UST, responsible parties shall prepare and submit an interim action report to the department within 45 days after confirming a discharge in accordance with the requirements of ch. NR 706, unless otherwise directed by the department.

NR 708.15(3) (3) Report contents. The report required in sub. (1) or (2) shall include all of the following:

NR 708.15(3)(a) (a) Name, address and telephone number of the responsible party.

NR 708.15(3)(b) (b) Location of the site or facility, or discharge incident, including street address; quarter–quarter section, township, range, and county; the location information specified in s. NR 716.15 (5) (d); latitude and longitude, and legal description of lot, if located in platted area.

NR 708.15(3)(c) (c) The department-issued site or facility identification number.

NR 708.15(3)(d) (d) The name of the consultant or person who has implemented the measures.

NR 708.15(3)(e) (e) A description of the interim action implemented.

NR 708.15(3)(f) (f) The estimated quantity and type of contamination, including the thickness of free product observed or measured in wells, bore holes and excavations when applicable.

NR 708.15(3)(g) (g) The location and effluent quality of any permitted discharge, such as a wastewater discharge.

NR 708.15(3)(h) (h) The steps that have been or are being taken to obtain necessary permits for any discharge.

NR 708.15(3)(i) (i) The type, total volume and final disposition of any recovered hazardous substance discharged and contaminated environmental media generated, treated, stored or disposed of, including legible copies of manifests, receipts and other relevant documents.

NR 708.15(3)(k) (k) An operation and maintenance plan for any engineering control or barrier employed, including a cover, a groundwater barrier system, or a vapor mitigation system.

NR 708.15 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; am. (2), Register, February, 1997, No. 494, eff. 3-1-97; CR 12-023: am. (1), (2), (3) (b), cr. (3) (k) Register October 2013 No. 694, eff. 11-1-13; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register June 2015 No. 714.

NR 708.17 NR 708.17 Local Governmental Unit or Economic Development Corporation Exemptions.

NR 708.17(1) (1) General.

NR 708.17(1)(a) (a) If, after considering the intended development and use of a property, the department determines under s. 292.11 (9) (e) 4., Stats., that action is necessary to reduce to acceptable levels any substantial threat to public health or safety when the property is developed or put to that intended use, the department may direct the local governmental unit or economic development corporation to take that necessary action.

NR 708.17(1)(b) (b) Actions directed by the department may include removal of soil contamination, investigations beneath demolished buildings, replacement of infiltration barriers, or installation of vapor migration barriers.

NR 708.17(1)(c) (c) The local governmental unit or economic development corporation directed to take action by the department shall prepare and submit a plan to the department for review and approval for the design, construction, operation, and maintenance of the necessary actions.

NR 708.17(1)(d) (d) Plan review fees for the plans submitted under par. (c) shall be paid by the local governmental unit or economic development corporation in accordance with chs. NR 749 and NR 750.

NR 708.17(2) (2) Agency authority. The department may direct that any of the following actions be taken by a local governmental unit or economic development corporation if contamination remains on a site after the conclusion of actions directed by the department under s. 292.11 (9) (e) 4., Stats.

NR 708.17(2)(a) (a) Require maintenance of an engineering control on the site.

NR 708.17(2)(b) (b) Require the performance of any necessary actions to reduce to acceptable levels any substantial threat to public health or safety, if a building or other structural impediment is removed that had prevented previous access to the area.

NR 708.17(2)(c) (c) Require actions to ensure that conditions at the site remain protective of public health and safety when the property is developed or put to its intended use.

NR 708.17(2)(d) (d) If a previously approved response action included a condition regarding a structural impediment, the property owner shall notify the department prior to removal of the building, or other structural impediment, to determine what further action may be necessary.

NR 708.17(2)(e) (e) Any additional response actions that the department determines shall be taken at sites where a remedial action has not been maintained as required.

NR 708.17(3) (3) Department database and fees.

NR 708.17(3)(a) (a) Department Database. If the department has directed that a local governmental unit or economic development corporation take a response action under s. 292.11 (9) (e) 4., Stats., for a site, the department shall list the site on the department database. The letter directing the local governmental unit or economic development corporation to take a response action, and the information required under sub. (1) (c) shall be associated with the site or facility record in the department database.

NR 708.17(3)(b) (b) Fees.

NR 708.17(3)(b)1. 1. For sites meeting par. (a), the fee or fees listed in ch. NR 749 for adding a site to the department database shall be submitted to the department at the completion of the required response action.

NR 708.17(3)(b)2. 2. For sites that have been included on the department database, a local governmental unit, economic development corporation or other party may request that the department modify a site or property or information on the department database. For these cases, modification to the department database may not be considered by the department until proof of payment of the required fees has been received by the department’s bureau for remediation and redevelopment.

NR 708.17(4) (4) Documentation.

NR 708.17(4)(a) (a) Format Requirements. For sites required to be included on the department database following a response action, the local governmental unit or economic development corporation shall submit the information in par. (b) to the department, in accordance with s. NR 700.11 (3g). Maps and cross-sections shall be to scale, and include a graphic scale and a north arrow.

NR 708.17 Note Note: Under s. NR 700.11 (3g), one paper copy and one electronic copy shall be submitted to the department, unless otherwise directed by the department. Electronic copies files may not be locked or password protected. All documents shall have a minimum resolution of 300 dots per inch. All documents except deeds and legal descriptions shall be digital format versions rather than scanned versions. Deeds and legal descriptions may be scanned versions. All information submitted shall be legible.