Register June 2021 No. 786
Chapter NR 700
GENERAL REQUIREMENTS
NR 700.05 Confidentiality of information.
NR 700.07 Incorporation by reference.
NR 700.08 Superfund site assessment.
NR 700.10 Identification of responsible parties.
NR 700.13 Sample preservation and analysis.
NR 700.01(1)(1)
The purpose of this chapter is to provide definitions of terms used in chs.
NR 700 to
754, to incorporate by reference specified regulations or materials, and to grant confidential status for records, reports and other information furnished to or obtained by the department for use in the administration of chs.
NR 700 to
754.
NR 700.01(2)
(2) The purpose of chs.
NR 700 to
754 is to establish consistent, uniform standards and procedures that allow for site-specific flexibility, pertaining to the identification, investigation and remediation of sites and facilities which are subject to regulation under chs.
289 and
292, Stats. The department intends that responsible parties and other interested persons should be able to efficiently move through the process set forth in chs.
NR 700 to
754 with minimal department oversight, except where the department has specified that more in-depth oversight is needed such as under s.
292.15 or s.
292.65, Stats., or through an enforceable order or agreement. These rules are adopted pursuant to ch.
160, Stats., ss.
227.11 (2),
281.19 (1),
287.03 (1) (a),
289.05 (1),
289.06,
289.31 (7),
289.43 (8),
291.05 (6), Stats., and ch.
292, Stats.
NR 700.01 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; am.
Register, February, 1996, No. 482, eff. 3-1-96;
CR 12-023: am. (1), (2)
Register October 2013 No. 694, eff. 11-1-13.
NR 700.02(2)
(2) This chapter and chs.
NR 706 to
754 apply to actions taken by responsible parties at sites, facilities or portions of a site or facility that are subject to regulation under chs.
289 and
292, Stats., regardless of whether there is direct involvement or oversight by the department.
NR 700.02 Note
Note: The department of agriculture, trade and consumer protection has the authority under s.
94.73, Stats., to issue corrective action orders to parties who are responsible for the discharge of an agricultural chemical, to require that the responsible parties take action that is necessary to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to the air, lands or waters of this state. The department of agriculture, trade and consumer protection has confirmed their intention to require that this chapter and chs.
NR 708 to
727 and
749 be applied to actions taken by responsible parties as directed by the department of agriculture, trade and consumer protection under s.
94.73, Stats. For actions directed by the department of agriculture, trade and consumer protection under s.
94.73, Stats., submittals under chs.
NR 708 to
727 and
749 shall be sent to the department of agriculture, trade and consumer protection, and approvals required by these chapters shall be obtained from the department of agriculture, trade and consumer protection.
NR 700.02 Note
Note: Persons who are not responsible parties and who voluntarily take a response action at a site or facility that is subject to regulation under ch.
289, Stats., or s.
292.31 or
292.11, Stats., are not required to comply with the standards and procedures in chs.
NR 700 to
754 unless the person is seeking the liability exemption under s.
292.15, Stats. However, the department may not consider case closure under ch.
NR 726 for the site or facility until the applicable rules in chs.
NR 700 to
754 have been complied with, and a person who did not originally fall within the definition of a responsible party may become a responsible party if the actions taken by that person cause or worsen the discharge of a hazardous substance or if the person takes possession or control of the site or facility.
NR 700.02 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 700.02(3m)
(3m) 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 are applicable, the more restrictive 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 700.02 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 these statutes. In addition, federal laws 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 700.02 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; renum. (3) and (4) to be (5) and (6), cr. (3),
Register, March, 1995, No. 471, eff. 4-1-95; cr. (4),
Register, April, 1995, No. 472, eff. 5-1-95; am. (1), (3) (intro.), (a) and (b), (4), (5), cr. (2m), (3) (d), (4) (b), (5) (b),
Register, February, 1996, No. 482, eff. 3-1-96; am. (2),
Register, February, 1997, No. 494, eff. 3-1-97; correction in (3) (a) made under s. 13.93 (2m) (b) 7., Stats.,
Register, January, 2001, No. 541; correction in (3) (b) made under s. 13.93 (2m) (b) 7., Stats.,
Register September 2007 No. 621;
CR 12-023: am. (1), (2), (2m), r. (3) to (5), renum. (6) to (3m) and am.
Register October 2013 No. 694, eff. 11-1-13.
NR 700.03 Note
Note: Section
292.12 (1) (a), Stats., reads: “Agency with administrative authority" means the department of agriculture, trade and consumer protection with respect to a site over which it has jurisdiction under s.
94.73 (2) or the department of natural resources with respect to a site over which it has jurisdiction under s.
292.11 (7).
NR 700.03(1m)
(1m) “Approve" or “approval" means a written acceptance by the department of a plan, report or other document that has been submitted to the department for review.
NR 700.03(1s)
(1s) “Attenuation factor" means the ratio of the indoor air concentration arising from vapor intrusion to the subsurface vapor concentration at a point or depth of interest in the vapor intrusion pathway.
NR 700.03 Note
Note: Under ch.
NR 720, the department allows the use of default attenuation factors from US EPA guidance, or the responsible party may collect enough information to develop a site-specific attenuation factor.
NR 700.03(2)(a)
(a) Soil quality that is attributable to the parent material from which the soil was derived and the natural processes which produce soil, or from contamination attributable to atmospheric deposition including the following constituents; lead, polynuclear aromatic hydrocarbons, or polychlorinated biphenyls, but not attributable to hazardous substance discharges or the discharge of pollutants, as that phrase is defined in s.
283.01, Stats.
NR 700.03(2)(b)
(b) Soil quality that is found at or within reasonable proximity to the site or facility, at a depth comparable to that of the area to be remediated, in the same soil layer and in an area unaffected by hazardous substances discharges or the discharge of pollutants.
NR 700.03 Note
Note: Under s.
292.12 (1) (b), Stats., “case closure" means “a determination by the agency with administrative authority, based on information available at the time of the review by the agency with administrative authority, that no further remedial action is necessary at a site."
NR 700.03(4)
(4) “CERCLA" means the federal comprehensive environmental response, compensation and liability act (CERCLA),
42 USC 9601 to
9675.
NR 700.03(4m)
(4m) “CERCLIS" means the comprehensive environmental response, compensation and liability information system, as compiled by the U.S. EPA.
NR 700.03 Note
Note: The federal CERCLIS list is available from the U. S. EPA, by writing to: WI Freedom of Information Act Officer, U.S. EPA Region V, 77 W. Jackson Blvd, Chicago, IL 60604.
NR 700.03(5)
(5) “CFR" means the code of federal regulations.
NR 700.03(6)
(6) “Consultant" means a person or business under contract to perform a response action taken under, or subject to regulation under, chs.
NR 702 to
754.
NR 700.03(6m)
(6m) “Contaminated site boundary" or “contaminated site boundaries" means any area within which a hazardous substance has been discharged such that the air, land, or waters have been affected by a discharge or where environmental pollution exists.
NR 700.03 Note
Note: Both the source property and other properties affected by the discharge may be included within the “contaminated site boundary." Sub. (59m) defines “source property" as “the property on which the hazardous substance discharge which is under investigation or cleanup, originally occurred." Other properties may be affected by migration of the hazardous substance through soil or groundwater.
NR 700.03(7)(a)
(a) Where the air, land or waters of the state have been affected by the discharge of a hazardous substance; or
NR 700.03(8)
(8) “Contingency plan" means a document setting out an organized, planned and coordinated course of action to be followed in the event of a hazardous substance discharge or imminent threat of a hazardous substance discharge.
NR 700.03(9)
(9) “Day" means calendar day, except where the phrase “business day" is used.
NR 700.03(10)
(10) “Debris" means material resulting from the construction, demolition or razing of buildings, roads and other structures and materials that have been discarded at a site or facility.
NR 700.03(11)
(11) “Department" means the department of natural resources.
NR 700.03(11m)
(11m) “Department database" means the publicly accessible database available on the internet as required by ss.
292.12,
292.31, and
292.57, Stats.
NR 700.03 Note
Note: The Remediation and Redevelopment Program maintains a database called the “Bureau for Remediation and Redevelopment Tracking System" or “BRRTS". The program also maintains an internet accessible version of this database, called “BRRTS on the Web", or “BOTW". “BOTW" includes information on properties where a hazardous substance discharge has or may have taken place. The program also maintains a web-based mapping system called “Remediation and Redevelopment Sites Map" or “RRSM", that allows users to view information from the BRRTS database using a geographic information system (GIS) application. Both these applications may be found at
http://dnr.wi.gov/topic/Brownfields/clean.html.
NR 700.03(12)
(12) “Department-funded response action" means a response action undertaken by the department using the authority of s.
292.11,
292.31 or
292.41, Stats., which is funded in whole or in part by appropriations in s.
20.370 (2) or
20.866 (2), Stats.
NR 700.03 Note
Note: Under s.
292.01 (3), Stats., “discharge" means, but is not limited to, “spilling, leaking, pumping, pouring, emitting, emptying or dumping."
