Ch. NR 169 NoteNote: Chapter NR 169 as it existed on May 31, 2003 was repealed and a new chapter NR 169 was created Register May 2003 No. 569, effective June 1, 2003; Chapter NR 169 as it existed on July 31, 2005, was repealed and a new chapter NR 169 was created effective August 1, 2005. NR 169.01NR 169.01 Purpose. This chapter establishes rules promulgated under s. 292.65, Stats., to implement and administer a program to reimburse eligible applicants for a portion of their costs associated with the investigation and cleanup of soil or groundwater, or both, contaminated by a discharge of a dry cleaning product from a dry cleaning facility. NR 169.01 HistoryHistory: CR 04-128: cr. Register July 2005 No. 595, eff. 8-1-05. NR 169.03NR 169.03 Applicability. This chapter applies to all applicants for and recipients of reimbursements of costs paid to investigate and remediate soil and groundwater contaminated by a discharge of a dry cleaning product. Compliance with s. 292.11, Stats., this chapter and chs. NR 700 to 749 is a prerequisite to eligibility for reimbursement under s. 292.65, Stats. NR 169.03 HistoryHistory: CR 04-128: cr. Register July 2005 No. 595, eff. 8-1-05. NR 169.05NR 169.05 Definitions. In this chapter: NR 169.05(1)(1) “Consultant” means a person or business under contract to perform a response action regulated or subject to regulation under chs. NR 702 to 736. NR 169.05(2)(2) “Contract services” means services provided by a contractor as part of a response action. Contract services includes all of the following services: NR 169.05(2)(e)(e) Drilling, including at–depth soil sampling and well installation. NR 169.05(2)(f)(f) Backfilling and grading, including provision of backfill material. NR 169.05(3)(3) “Contractor” means a person who contracts to perform all or part of a response action. Contractor includes a consultant, general contractor or subcontractor who contracts to perform all or part of a response action, but does not include an owner or operator or an employee of an owner or operator. NR 169.05(4)(4) “Department” means the department of natural resources. NR 169.05(5)(5) “Dry cleaner environmental response council” means the council created under s. 15.347 (2), Stats. NR 169.05(6)(6) “Dry cleaning” means to clean with a dry cleaning product. NR 169.05 NoteNote: Section 292.65 (1) (d), Stats., states that a dry cleaning facility means a facility for dry cleaning apparel or household fabrics for the general public using a dry cleaning product other than a facility that is one of the following: NR 169.05 Note1. A coin–operated facility.
NR 169.05 Note2. A facility that is located on a U.S. military installation.
NR 169.05 Note3. An industrial laundry.
NR 169.05 Note4. A commercial laundry.
NR 169.05 Note5. A linen supply facility.
NR 169.05 Note6. A facility that is located at a prison or other penal institution.
NR 169.05 Note7. A facility that is located at a nonprofit hospital or at another nonprofit health care institution.
NR 169.05 Note8. A facility that is located on property that is owned by the federal government or by this state or that is located on property that was owned by the federal government or by this state when the facility was operating.
NR 169.05 Note9. A formal wear rental firm.
NR 169.05 NoteNote: Section 292.65 (1) (ek), Stats., defines “formal wear” to include tuxedos, suits and dresses, but does not include costumes, table linens and household fabrics. NR 169.05 NoteNote: Section 292.65 (1) (em), Stats., defines a “formal wear rental firm” as a facility that rents formal wear to the general public and dry cleans only the formal wear that it rents to the general public. NR 169.05 NoteNote: To qualify as a “dry cleaning facility” under s. 292.65 (1) (d), Stats., a facility must be capable of performing dry cleaning and thus must contain operational dry cleaning equipment. Under s. 292.65 (1) (i), Stats., a “dry cleaning facility” operating on or after October 14, 1997 must have been licensed under s. 77.9961, Stats., for its owners or operators to be eligible for reimbursement under s. 292.65, Stats. NR 169.05 NoteNote: Section 292.65 (1) (e), Stats., states that “dry cleaning product” means a hazardous substance used to clean apparel or household fabrics, except for a hazardous substance used to launder apparel or household fabrics. NR 169.05(9)(9) “Dry store” means a retail outlet specifically for dropping off and picking up apparel or household fabrics that are then transported to a dry cleaning facility for dry cleaning activities, but where dry cleaning does not occur. NR 169.05(10)(10) “Eligible costs” means costs for which the department is authorized to pay reimbursement under this chapter. NR 169.05(11)(11) “Fiscal year” means the period beginning on July 1 and ending on the following June 30. NR 169.05 NoteNote: ”Fiscal year” means the state fiscal year and means the same as ”program year” as defined in s. 292.65 (1) (j), Stats. NR 169.05(12)(12) “General contractor” means a consultant or other contractor who, on behalf of an owner or operator, secures or directs the services of other contractors related to a response action. General contractor includes a person who solicits or receives contract bids, prepares contracts, directs response actions performed by others, or enters into contracts with subcontractors to perform response actions. NR 169.05(12m)(12m) “High priority site” means the site of a discharge of dry cleaning product if at least one of the following applies: NR 169.05(12m)(a)(a) Dry cleaning product is present at or above preventive action limits in any well used to provide water for human consumption. NR 169.05(12m)(b)(b) Concentration of dry cleaning product in groundwater exceeds one-tenth solubility levels expected for that product. NR 169.05(12m)(c)(c) Enforcement standards in groundwater are exceeded within 1,200 feet of a well operated by a public utility or within 100 feet of any other well used to provide water for human consumption. NR 169.05(12m)(d)(d) Vapors from dry cleaning product at or above a vapor action level are confirmed within occupied buildings, except for operating dry cleaning facilities and dry stores. NR 169.05 NoteNote: Vapor concentrations within occupied buildings are confirmed through time-integrated air sampling and the use of laboratory methods to achieve detection levels appropriate to human inhalation risk for the contaminants.
NR 169.05 NoteNote: Section 292.65 (1) (gm), Stats., states that “immediate action” means a remedial action that is taken within a short time after the discharge of dry cleaning product occurs, or after the discovery of a discharge of dry cleaning product, to halt the discharge, contain or remove dry cleaning product, or remove contaminated soil or water, in order to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to air, lands and waters of the state and to eliminate any imminent threat to public health, safety or welfare. NR 169.05 NoteNote: This term includes both emergency and non-emergency immediate actions.
NR 169.05(14)(14) “Indirect cost” means any general cost of business that cannot be directly and exclusively attributed to a response action. Indirect cost includes costs for equipment, supplies, services, real estate, structures and improvements, overhead, managerial and staff support, staff training, taxes, insurance, financing and items which are not directly and exclusively attributable to a response action or the use of which is not limited to the response action. NR 169.05 NoteNote: Section 292.65 (1) (gs), Stats., states that “interim action” means a remedial action that is taken to contain or stabilize a discharge of a dry cleaning product, in order to minimize any threats to public health, safety or welfare or the environment, while other remedial actions are being planned. NR 169.05 NoteNote: Section 292.65 (1) (gv), Stats., states that “launder” means to use water and detergent as the main process for cleaning apparel or household fabrics. NR 169.05(16g)(16g) “Low priority site” means a site that does not meet the definition of a high or medium priority site. NR 169.05(16r)(16r) “Medium priority site” means the site of a discharge of dry cleaning product if at least one of the following applies and the site does not meet the definition of a high priority site: NR 169.05(16r)(a)(a) Contaminants from dry cleaning product in groundwater, soil, or soil vapor extend beyond the boundary of the source property. NR 169.05(16r)(b)(b) Vapor concentrations at or above a vapor risk screening level are confirmed beneath buildings but a vapor action level is not exceeded within occupied buildings regardless of the location or use of the buildings. NR 169.05 NoteNote: Vapor concentrations beneath buildings are confirmed through time-integrated air sampling and the use of laboratory methods to achieve detection levels appropriate to human inhalation risk for the contaminants.
NR 169.05 NoteNote: Section 292.65 (1) (h), Stats., states that “operator” means any of the following: NR 169.05 Note1. A person who holds the license under s. 77.9961 (2), Stats., for a dry cleaning facility. NR 169.05 Note2. A subsidiary or parent corporation of the person specified under subd. 1.
NR 169.05 Note3. A person who operated a dry cleaning facility that ceased operating before October 14, 1997.
NR 169.05 Note4. A person who operated a dry cleaning facility that ceased operation after October 13, 1997, but that was licensed under s. 77.9961 (2) before it ceased operation. NR 169.05 NoteNote: Section 292.65 (1) (i), Stats., states that “owner” means any of the following: NR 169.05 Note1. A person who owns, or has possession or control of, and who receives or received direct or indirect consideration from the operation of any of the following:
NR 169.05 Notea. A dry cleaning facility that is licensed under s. 77.9961 (2), Stats. NR 169.05 Noteb. A dry cleaning facility that has ceased operation but that, if it ceased operation on or after October 14, 1997, was licensed under s. 77.9961 (2), Stats., before it ceased operation. NR 169.05 Note2. A subsidiary or parent corporation of the person specified under subd. 1.
NR 169.05 Note3. A person who owns the property on which one of the following is located:
NR 169.05 Notea. A dry cleaning facility that is licensed under s. 77.9961 (2), Stats. NR 169.05 Noteb. A dry cleaning facility that has ceased operation but that was licensed under s. 77.9961 (2), Stats., before it ceased operation and was licensed and operating while the person owned the property. NR 169.05 NoteNote: A person who owns property on which a licensed dry cleaning facility was located during part of the period when the dry cleaning facility operated is eligible for this reimbursement program. Eligibility does not transfer to subsequent property owners.
NR 169.05 NoteNote: A facility has ceased operation when it is no longer capable of dry cleaning clothes and is no longer subject to the licensing requirements of s. 77.9961, Stats. Facilities that have ceased operation can include those that have been converted to dry stores or laundromats. NR 169.05 NoteNote: Rent payments from a dry cleaner operation are not considered “indirect consideration” from the operation of the dry cleaner.
NR 169.05(20)(20) “Qualification based selection” means a selection process that provides an owner or operator an objective and logical way to choose a professional consultant based on the consultant’s qualifications and competence as they relate to the specific project. NR 169.05 NoteNote: Section NR 700.03 (48) reads: “Remedial action” or “remedy” means those response actions, other than immediate or interim actions, taken to control, minimize, restore, or eliminate the discharge of hazardous substances or environmental pollution so that the hazardous substances or environmental pollution do not present an actual or potential threat to public health, safety, or welfare or the environment. The term includes actions designed to prevent, minimize, stabilize, or eliminate the threat of discharged hazardous substances, and actions to restore the environment to the extent practicable and meet all applicable environmental standards. Examples include storage, disposal, containment, treatment, recycling, or reuse, and any monitoring required to assure that such actions protect public health, safety, or welfare or the environment. NR 169.05(23)(23) “Response action” means an immediate action, interim action, site investigation or remedial action as defined in s. NR 700.03. NR 169.05 NoteNote: Section 292.65 (1) (L), Stats., states that “service provider” means a consultant, testing laboratory, monitoring well installer, soil boring contractor, other contractor or any other person who provides a product or service for which an application for reimbursement has been or will be filed under this section, or a subcontractor of such a person.
