Register September 2007 No. 621
Chapter NR 728
ENFORCEMENT AND COMPLIANCE AUTHORITIES
NR 728.05 Referrals for rule violations. NR 728.06 Fees related to enforcement actions. NR 728.065 Interest on recovered monies. NR 728.07 Environmental agreements. NR 728.09 Special orders. NR 728.10 Entry of a property on the department database. NR 728.11 Recording a notice of contamination. NR 728.01NR 728.01 Purpose. The purpose of this chapter is to describe the tools that are available to the department to ensure compliance with chs. NR 700 to 754 and to implement response actions at sites or facilities with environmental pollution, and sites or facilities where there has been a discharge of a hazardous substance. This chapter is adopted pursuant to ss. 227.11 (2) and 289.06 (1), Stats., and ch. 292, Stats. NR 728.01 HistoryHistory: Cr. Register, April, 1994, No. 460, eff. 5-1-94; am., Register, February, 1996, No. 482, eff. 3-1-96; correction made under s. 13.93 (2m) (b) 7., Stats., Register, March, 2001, No. 543; CR 12-023: am. Register October 2013 No. 694 eff. 11-1-13. NR 728.02NR 728.02 Applicability. This chapter applies to actions taken by the department under the authorities of chs. 289 and 292, Stats. NR 728.03NR 728.03 Definitions. In this chapter: NR 728.03(1)(1) “Environmental agreement” means an agreement entered into by one or more persons and the department pursuant to ch. 292, Stats., which requires the performance of a response action at a site or facility which causes or threatens to cause environmental pollution. NR 728.03(2)(2) “Consent order” means an administrative order issued by the department which the order recipient stipulates to and waives the right to a contested case hearing on the order. NR 728.03 NoteNote: Section 227.01 (3), Stats., defines “contested case” to mean “an agency proceeding in which the assertion by one party of any substantial interest is denied or controverted by another party and in which, after a hearing required by law, a substantial interest of a party is determined or adversely affected by a decision or order.” A contested case hearing is only conducted by the department in situations where state statutes allow an aggrieved party to request a hearing before an administrative law judge. NR 728.03 HistoryHistory: Cr. Register, April, 1994, No. 460, eff. 5-1-94; am. (1), Register, February, 1996, No. 482, eff. 3-1-96; CR 12-023: am. (1), cr. (3) Register October 2013 No. 694 eff. 11-1-13. NR 728.05NR 728.05 Referrals for rule violations. Any person who violates the requirements of chs. NR 700 to 754 or ch. 292, Stats., may be referred to the office of the attorney general by the department. Any person who is referred to the office of the attorney general by the department shall be given written notice of the referral. Section 299.95, Stats., requires that the attorney general enforce chs. 289 to 292, Stats., and all rules promulgated to implement chs. 289 to 292, Stats. NR 728.05 NoteNote: Section 299.97, Stats., provides for forfeitures of not less than $10 nor more than $5,000 for each violation of chs. 289 to 292, Stats., any rule promulgated under chs. 289 to 292, Stats., or any plan approval, license or special order issued under chs. 289 to 292, Stats. Each day of continued violation is a separate offense. NR 728.06NR 728.06 Fees related to enforcement actions. The department may assess and collect fees from a person who is subject to an order or other enforcement action to cover the costs incurred by the department to review the planning and implementation of any environmental investigation or environmental cleanup that the person is required to conduct. NR 728.06 NoteNote: Section 292.94 allows the department to assess and collect fees to cover the costs incurred by the department. Chapter NR 749 specifies the fees that apply to these actions. NR 728.06 HistoryHistory: CR 12-023: cr. Register October 2013 No. 694 eff. 11-1-13. NR 728.065NR 728.065 Interest on recovered monies. NR 728.065(1)(1) The department shall assess and collect interest on the unpaid balance of monies recovered by the department, when payments are made over time. NR 728.065(2)(2) The interest rate shall be established at the time of the settlement, and may not be changed during the repayment period. The interest rate shall be based on the amount of the unpaid balance of the monies owed, at the rate specified in s. 71.82 (1) (a), Stats., compounded monthly. NR 728.065(3)(3) Interest is to be paid to the department on a monthly basis. NR 728.065 NoteNote: Sections 292.11 and 292.31, Stats., require the department to assess interest on the unpaid balance of monies required to be reimbursed to the department, when these monies are to be paid over time. NR 728.065 HistoryHistory: CR 12-023: cr. Register October 2013 No. 694 eff. 11-1-13. NR 728.07(1)(1) Agreements. The department may enter into an environmental agreement with any person for response actions pursuant to ch. 292, Stats., or into intergovernmental agreements with local governments or municipalities pursuant to s. 66.0301, Stats. NR 728.07(2)(2) Content. All environmental agreements entered into pursuant to ch. 292, Stats., shall contain at a minimum, all of the following provisions: NR 728.07(2)(a)(a) A description of the site or facility, and its location. NR 728.07(2)(bm)(bm) A description of the roles and responsibilities of the persons who are parties to the agreement. NR 728.07(2)(c)(c) A schedule for completing the response action covered by the agreement. NR 728.07(2)(d)(d) Provision for stipulated penalties if the response action is not completed in accordance with the agreement schedule. NR 728.07(2)(e)(e) The method for resolving any disputes which may arise during the implementation of the response actions. NR 728.07(2)(g)(g) Fees associated with the department’s cost of review and approval as set forth in ch. NR 749. NR 728.07 HistoryHistory: Cr. Register, April, 1994, No. 460, eff. 5-1-94; am. (1), (2) (intro.), Register, February, 1996, No. 482, eff. 3-1-96; CR 12-023: am. (title), (1), (2) (intro.), (b), cr. (bm), am. (2) (c), (d), (f), cr. (2) (g) Register October 2013 No. 694 eff. 11-1-13. NR 728.09(1)(1) Emergency orders. The department may issue emergency orders without prior hearing, pursuant to s. 292.11 (7) (c), Stats., to the person or persons responsible for a hazardous substance discharge, for the purpose of protecting public health, safety, or welfare. Such an emergency order shall become effective upon receipt. However, the recipient of the order shall have 10 days after service of the order to file a petition for judicial review pursuant to ss. 227.52 and 227.53, Stats. The emergency order shall remain in effect after the filing of a petition for judicial review unless the reviewing court issues a stay. NR 728.09(1m)(a)(a) The department may require that preventive measures be taken by any person possessing or having control over a hazardous substance if the department finds that existing control measures are inadequate to prevent discharges. NR 728.09(1m)(b)(b) The department shall specify necessary preventive measures by order. The order shall be effective 10 days after issuance, unless the person named requests a hearing, in which case no order may become effective until the conclusion of the hearing. NR 728.09(2)(2) Unilateral administrative orders. The department may issue unilateral administrative orders pursuant to s. 292.11 (7) (c), Stats. Such an administrative order shall become effective 30 days after service of the order, unless the order recipient petitions for a contested case hearing within that 30-day period. All such petitions shall be filed in accordance with the requirements of s. NR 2.05. NR 728.09(3)(3) Consent orders. The department may, in its discretion, issue a consent order pursuant to s. 292.11 (7) (c), Stats., if the order recipient is willing to stipulate to the order’s issuance. NR 728.09 NoteNote: Section 292.94, Stats., allows the department to assess and collect fees to cover the costs incurred by the department. Chapter NR 749 specifies the fees that apply to these situations. NR 728.09 HistoryHistory: Cr. Register, April, 1994, No. 460, eff. 5-1-94; CR 12-023: cr. (1m) Register October 2013 No. 694 eff. 11-1-13.
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