Register October 2013 No. 694
Chapter NR 724
REMEDIAL AND INTERIM ACTION DESIGN, IMPLEMENTATION, OPERATION, MAINTENANCE AND MONITORING REQUIREMENTS
NR 724.05 General submittal requirements.
NR 724.07 Department response.
NR 724.11 Design plans and specifications.
NR 724.13 Operation and maintenance.
NR 724.15 Documentation of construction and completion.
NR 724.17 Long-term monitoring.
NR 724.19 Application of new environmental standards.
Ch. NR 724 Note
Note: Chapter NR 724 as it existed on April 30, 1995 was repealed and a new chapter NR 724 was created effective May 1, 1995.
NR 724.01
NR 724.01 Purpose. The purpose of this chapter is to specify the requirements for the design, implementation, operation, maintenance and monitoring of remedial actions and certain types of interim actions. This chapter is adopted pursuant to ss.
227.11 (2),
287.03, and
289.06 (1) and
(2), Stats., and
ch. 292, Stats.
NR 724.02(1)
(1) This chapter applies to all remedial actions and to the following types of interim 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:
NR 724.02(1)(a)
(a) On–site treatment systems, including groundwater extraction and other remedial treatment systems.
NR 724.02(1)(b)
(b) On-site engineering controls or barriers, including engineered landfill covers or groundwater barrier systems.
NR 724.02 Note
Note: Remedial actions to actively remediate vapor contaminant sources fall under pars. (a) or (b).
NR 724.02(1)(c)
(c) Any other type of interim action when the department determines, on a case-by-case basis, that a design report required under
s. NR 724.09 is necessary prior to implementation.
NR 724.02 Note
Note: This chapter does not apply to emergency or non-emergency immediate actions or to those types of interim actions that are not listed in s.
NR 724.02 (1).
NR 724.02(2)
(2) 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.
NR 724.02 Note
Note: Sites or 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.
NR 724.02 Note
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.
NR 724.02(3)
(3) This chapter applies to all remedial actions and to those types of interim actions that are specified in
sub. (1) taken by the department under the authority of
ch. 292, Stats. In this chapter, where the term “responsible parties" appears, it is to be read to include the department in situations where a department–funded response action is being taken.
NR 724.02(4)
(4) This chapter applies to all remedial action and to those types of interim actions that are specified in
sub. (1) taken by persons seeking the liability exemption under s.
292.15, Stats. In this chapter, where the term “responsible parties" appears, it shall read to include the “voluntary parties" where an action is being taken to comply with s.
292.15.
NR 724.02 History
History: Cr.
Register, April, 1995, No. 472, eff. 5-1-95;
cr. (4),
Register, February, 1996, No. 482, eff. 3-1-96
; CR 12-023: am. (1) (intro.), (a), cr. (1) (bm), am. (2) to (4) Register October 2013 No. 694, eff. 11-1-13. NR 724.03
NR 724.03 Definitions. The definitions in
s. NR 700.03 apply to this chapter. In this chapter, where the term “responsible parties" appears, it shall be read to include “voluntary parties" where an action is being taken to comply with s.
292.15, Stats.
NR 724.03 History
History: Cr.
Register, April, 1995, No. 472, eff. 5-1-95; am.,
Register, February, 1996, No. 482, eff. 3-1-96
; CR 12-023: am. Register October 2013 No. 694, eff. 11-1-13.
NR 724.05
NR 724.05 General submittal requirements. NR 724.05(2)(2)
General requirements. Unless otherwise directed by the department, responsible parties shall submit the plans and reports required by this chapter in compliance with all of the following requirements:
NR 724.05(2)(b)
(b) One paper copy and one electronic copy of each plan or report shall be submitted to the department, in accordance with
s. NR 700.11 (3g).
NR 724.05 Note
Note: Electronic copies should be submitted in the Adobe Portable Document Format (PDF) on optical disk media. Guidance on electronic submittals can be accessed at
http://dnr.wi.gov/files/PDF/pubs/rr/RR690.pdf.
NR 724.05(2)(c)
(c) The department may require by the issuance of an administrative order or consent order that these plans and reports be prepared in accordance with a site-specific schedule.
NR 724.05(2)(d)
(d) At sites or facilities where multiple remedial or interim actions are taken, all of the following requirements apply:
NR 724.05(2)(d)1.
1. All submittals required by this chapter shall include a brief discussion of the interrelationship between the actions.
NR 724.05(2)(d)2.
2. The design report required by
s. NR 724.09 and the design plans and specifications required by
s. NR 724.11 that are prepared for subsequent remedial or interim actions may include the design details for the subsequent action without repeating design work that was included in previous submittals to the department for other remedial or interim actions.
NR 724.05(2)(e)
(e) Each submittal under this chapter shall include all of the following:
NR 724.05(2)(e)1.c.
c. The purpose of the submittal and the desired department action or response.
NR 724.05(2)(e)2.a.
a. Project title and purpose, including the department-issued identification number for the site or facility.
NR 724.05(2)(e)2.b.
b. Name, address, and telephone number of the property owner, lessee, operator or any individual or company responsible for the discharge of hazardous substances or environmental pollution on the site or facility.
NR 724.05(2)(e)2.c.
c. Name, address, and telephone number of any consultants or contractors involved with the response action at the site or facility.
NR 724.05(2)(e)2.d.
d. Site name, address, and location by quarter–quarter section, township, range and county, geographic position determined in accordance with the requirements of
s. NR 716.15 (5) (d), and the latitude and longitude of the property.
NR 724.05(2)(e)2.g.
g. A summary of the nature and extent of contamination at the site or facility.
NR 724.05(3)(a)(a) Nothing in this chapter shall be construed to require plans or reports that are more detailed or complex than is justified by the known scope of contamination or the complexity of the site or facility.
NR 724.05(3)(b)
(b) The department may require additional information in the plans and report beyond what is specifically required under this chapter if necessary because of the complexity of the site or facility, or the degree and extent of the contamination.
NR 724.05 History
History: Cr.
Register, April, 1995, No. 472, eff. 5-1-95
; am. (2) (a),
Register, October, 1996, No. 490, eff. 11-1-96;
CR 12-023: r. (1), am. (2) (title), (intro.), (b), (e) 2. d., e. Register October 2013 No. 694, eff. 11-1-13. NR 724.07(1)
(1) The department may direct responsible parties in writing that department approval of a plan or report is necessary prior to proceeding to the next step in the design, implementation or operation of a remedial action or interim action under this chapter. In such cases, the department shall provide a written acknowledgement of receipt of any report or plan submitted pursuant to this chapter within 30 days. The department acknowledgement shall include an estimated date for completion of department review.
NR 724.07(2)
(2) In cases where department approval is required for the reports or plans submitted under this chapter, the department may request additional information, require revisions, approve, conditionally approve or disapprove of the plans or reports. The department shall provide to the responsible parties, in writing, the reasons for any disapproval and the department may establish a deadline for providing revisions.
NR 724.07 Note
Note: Persons who prepare the plans and reports required by this chapter should be aware that other department programs may also require the submittal, review and approval of plans and reports.
NR 724.07 Note
Note: In accordance with ch.
NR 749, the appropriate review fee must accompany any request for the department to review a specific document.
NR 724.07 History
History: Cr.
Register, April, 1995, No. 472, eff. 5-1-95.
NR 724.09
NR 724.09 Design report. Unless otherwise directed by the department, responsible parties shall submit to the department a design report for all remedial actions and those interim actions specified in
s. NR 724.02 (1), containing all of the following information:
NR 724.09(2)
(2) A brief description of the site or facility.
NR 724.09(3)
(3) A complete and detailed description of the remedial or interim action being designed.
NR 724.09(4)
(4) All engineering criteria, concepts, assumptions and calculations used in preparing the design, including adequate justification for their use.
NR 724.09(5)
(5) Any treatability study information, pilot test results, aquifer pumping test results or other test results utilized in the design, unless this information was previously submitted to the department.
NR 724.09 Note
Note: Treatability studies should be conducted as early in the response process as possible.
NR 724.09(6)
(6) A listing of all local, state and federal permits, licenses and approvals required to construct and implement the remedial or interim action.
NR 724.09(7)
(7) A brief description of the public health and environmental laws and standards applicable to the contamination and the interim or remedial action being implemented, including the physical location where the environmental standards shall be complied with for each medium of concern.
NR 724.09(8)
(8) A preliminary discussion of the types of, frequency of and schedule for monitoring of the remedial or interim action. This discussion shall address any water, soil, soil gas, air, vapor, or other monitoring required for each component of the remedial or interim action.
NR 724.09(9)
(9) A preliminary discussion of planned operation and maintenance provisions.
NR 724.09 Note
Note: An operation and maintenance plan prepared in accordance with s.
NR 724.13 (2) will satisfy the requirements of s.
NR 724.09 (8) and
(9), if submitted with the design report. In this case, the operation and maintenance plan should provide a complete, rather than a preliminary, discussion of the topics described in s.
NR 724.09 (8) and
(9).
NR 724.09(10)
(10) A proposed schedule for implementation of the remedial or interim action, which identifies timing for initiation and completion of all tasks. The proposed dates for completion of the remedial or interim action and major milestones shall be specified. The schedule shall include deadlines for all reports, plans and submittals required by the department.
NR 724.09(11)
(11) Discussion of any other relevant technical factors.
NR 724.09 History
History: Cr.
Register, April, 1995, No. 472, eff. 5-1-95;
CR 12-023: am. (8) Register October 2013 No. 694, eff. 11-1-13. NR 724.11
NR 724.11 Design plans and specifications. Unless otherwise directed by the department, responsible parties shall submit to the department design plans and specifications for each remedial action and any of the interim actions specified in
s. NR 724.02 (1). Plans and specifications shall:
NR 724.11(1)
(1) Be consistent with the concepts presented in the design report prepared under
s. NR 724.09.
NR 724.11(2)
(2) Provide a general correlation between drawings and technical specifications.
