NR 169.05 NoteNote: Section NR 700.03 (57) states that “site investigation” means an investigation undertaken in conformance with ch. NR 716. NR 169.05(27)(27) “Site investigation scoping” means a report prepared to identify releases from a dry cleaning facility or to ensure that the scope and detail of a subsequent field investigation is appropriate to the complexity of the facility and which evaluates all the following items: NR 169.05(27)(a)(a) History of the facility, including the location of dry cleaning equipment and chemical and filter storage. NR 169.05(27)(b)(b) Knowledge of the type of contamination and the amount of the contamination. NR 169.05(27)(c)(c) Environmental media affected or potentially affected by the contamination. NR 169.05(27)(d)(d) Location of the site or facility and its proximity to other sources of contamination. NR 169.05 NoteNote: “Receptors” has the same meaning as in s. NR 700.03 (47), which defines “receptors” as “environmental resources, including but not limited to, plant and animal species and humans, sensitive environments and habitats, water supply wells, and buildings or locations that have the potential to be, or have actually been, exposed to contamination.” NR 169.05(27)(f)(f) Assessment of potential or known impacts to sensitive areas including wetlands, outstanding resource waters and exceptional resource waters, and sites or facilities of historical or archaeological significance. NR 169.05(27)(g)(g) A map showing the site boundaries, location of source areas, including utility corridors, sewer lines, adjacent streets, receptor locations and sample locations and results of sampling. NR 169.05 NoteNote: The purpose of the site investigation scoping is to document a release from a dry cleaning facility and provide sufficient data to develop an adequate workplan for a ch. NR 716 Site Investigation, if warranted. A limited number of samples per source area per media (soil/water) will be approved as site conditions warrant in order to meet the above objectives. NR 169.05 NoteNote: Section 292.65 (1) (m), Stats., states that “subsidiary or parent corporation” means a business entity, including a subsidiary, parent corporation or other business arrangement, that has elements of common ownership or control or that uses a long– term contractual arrangement with a person to avoid direct responsibility for conditions at a dry cleaning facility. NR 169.05(29)(29) “Third party” means a person who is not an owner or operator or the agent of an owner or operator for a particular site. NR 169.05 NoteNote: Section NR 700.03 (66p) defines “vapor action level” as “the concentration of vapors from volatile compounds is at or above the 1-in-100,000 (1x10-5) excess lifetime cancer risk or is at or above a hazard index of 1 for non-carcinogens”. NR 169.05 NoteNote: Section NR 700.03 (66w) defines “vapor risk screening level” as “the concentration of vapors in samples collected outside a building to estimate indoor vapor concentrations. The vapor risk screening level is equal to the vapor action level multiplied [divided] by an appropriate attenuation factor”. NR 169.05 NoteNote: The correct word is shown in brackets. The scientific process for determining a vapor risk screening level is to divide, not multiply, the vapor action level by an appropriate attenuation factor. This error will be corrected in future rulemaking.
NR 169.05 NoteNote: Vapor risk screening levels are applied to sub-slab, soil gas and groundwater samples.
NR 169.05 NoteNote: Section NR 700.03 (66y) defines “vapors” as “chemicals that are sufficiently volatile and toxic to pose an inhalation risk to human health via vapor intrusion from a soil or groundwater source”. NR 169.05 NoteNote: Section NR 700.03 (69) states “workplan” means a plan which outlines the intended scope of a response action, or any phase of a response action, including but not limited to intended methods, procedures and techniques to be used during the response action. NR 169.05 HistoryHistory: CR 04-128: cr. Register July 2005 No. 595, eff. 8-1-05; CR 12-023: cr. (12m), (16g), (16r), (29e), (29m), (29s) Register October 2013 No. 694, eff. 11-1-13. NR 169.07(1)(1) Owners or operators. Owners or operators who meet the requirements in s. 292.65 (4) (a), Stats., are eligible to apply for reimbursement under this chapter. NR 169.07 NoteNote: Section 292.65 (4) (a), Stats., states that the owner or operator of a dry cleaning facility may apply for reimbursement under s. 292.65, Stats., and lists the provisions with which an owner or operator must comply to be eligible for an award. NR 169.07 NoteNote: The personal representative of an owner or operator may complete the reimbursement process if the owner or operator had submitted a potential claim notification form to the DNR before the owner or operator’s death.
NR 169.07 NoteNote: Section 292.65 (4) (k), Stats., states that an owner or operator may enter into a written agreement with another person under which that other person acts as an agent for the owner or operator in conducting the activities under pars. (e) to (j). If an agreement is entered into under this paragraph, all requirements applicable to an owner or operator under par. (m) and subs. (8) (a), (8m) and (12) apply to the agent. The owner or operator or the agent may submit the application for an award under this chapter. NR 169.07(2)(b)(b) Agent agreements shall include the name of the eligible applicant and the person who will be acting as an agent for the owner or operator in conducting the activities required under s. NR 169.09 and shall be signed and dated by both parties. NR 169.07(2)(c)(c) Costs incurred prior to a signed, written agency agreement are not eligible for reimbursement under this chapter. NR 169.07(3)(3) Owners or operators of dry cleaning facilities on tribal trust lands. An owner or operator of dry cleaning facilities on tribal trust lands of an American Indian tribe is an eligible applicant as provided in s. 292.65 (4) (L), Stats. NR 169.07 NoteNote: Section 292.65 (4) (L), Stats., states that the owner or operator of a dry cleaning facility located on trust lands of an American Indian tribe may be eligible for an award under this section if the owner or operator otherwise satisfies the requirements of s. 292.65 (4), Stats., and complies with the rules promulgated under this chapter and any other rules promulgated by the department concerning dry cleaning facilities. NR 169.07 HistoryHistory: CR 04-128: cr. Register July 2005 No. 595, eff. 8-1-05. NR 169.09(1)(1) General. Eligible actions are those actions that comply with chs. NR 700 to 728, including immediate and interim actions, site investigations and remedial actions. NR 169.09(1)(c)(c) Remedial actions include those actions that comply with the standards identified in chs. NR 722 and 724. NR 169.09(2)(a)(a) An eligible applicant may conduct site investigation scoping or equivalent activities before discovering that a release had occurred in order to document that a dry cleaning product release had occurred from the dry cleaning facility associated with the eligible applicant. NR 169.09(2)(b)(b) Reimbursement of site investigation scoping or other equivalent pre–discovery activities shall be limited to those identified in s. NR 169.05 (27) and are exempt from the contracting and consulting provisions in s. NR 169.23. NR 169.09(2)(c)(c) Costs for site investigation scoping are eligible site investigation costs if they meet all of the following requirements: NR 169.09(2)(c)1.1. They are limited to costs of investigating the discharge of a dry cleaning product from a former or current dry cleaning facility. NR 169.09(2)(c)2.2. They result in the documentation of a discharge and subsequent notification of that discharge pursuant to s. 292.11, Stats. NR 169.09(2)(d)(d) Costs for site investigation scoping or other equivalent pre–discovery activities shall be considered site investigation costs and submitted with the site investigation reimbursement application. Only site investigation scoping or other equivalent pre–discovery actions that result in the documentation of a release of a dry cleaning product from a dry cleaning facility are eligible for reimbursement under this chapter. NR 169.09(2)(e)(e) Eligible site investigation scoping costs up to $15,000 that are incurred by a third party may be included in an eligible applicant’s site investigation reimbursement application if they meet all the following requirements: NR 169.09(2)(e)2.2. The activities for which the costs were incurred resulted in the initial discovery of a dry cleaning solvent release from a dry cleaning facility. NR 169.09(2)(e)3.3. The activities for which the costs were incurred meet the requirements of this section. NR 169.09 NoteNote: Section 292.65 (7) (b) 2. Stats., states eligible costs for an award under this section include reasonable and necessary costs, up to $15,000, incurred by a 3rd party in the discovery of a discharge of dry cleaning product from an eligible owner’s or operator’s dry cleaning facility before the eligible owner or operator discovered the discharge. NR 169.09(2)(f)(f) All results of the site investigation scoping or other equivalent pre–discovery activities shall be made available to each consultant preparing a site investigation workplan under s. NR 169.23. NR 169.09 NoteNote: If departmental review of site investigation scoping or other equivalent pre–discovery activities is requested, the review will be subject to fees under ch. NR 749. If a release is documented, those fees are eligible expenses for the purpose of reimbursement. NR 169.09 HistoryHistory: CR 04-128: cr. Register July 2005 No. 595, eff. 8-1-05. NR 169.11NR 169.11 Requirements for reimbursement. NR 169.11(1)(1) General requirements. Costs listed under s. NR 169.13 submitted by an eligible applicant are eligible for reimbursement as follows: NR 169.11(1)(a)(a) Immediate actions. To receive reimbursement for costs associated with immediate actions, an eligible applicant shall do all the following: NR 169.11 NoteNote: Section NR 706.05 provides that unless exempted under s. NR 706.07, persons who cause the discharge to the environment of a hazardous substance or who possess or control a hazardous substance which is discharged to the environment shall immediately notify the department of the discharge. The toll free hot–line for spill reporting is 1–800–943–0003. NR 169.11(1)(a)3.3. Obtain and document concurrence from the department project manager before incurring eligible immediate action costs that exceed $10,000. NR 169.11 NoteNote: A non–emergency immediate action is an action in which the department does not require a responsible party to take further action under s. NR 708.09 once the immediate action is completed. If the department requires further action after a non–emergency immediate response action is taken, that action meets the definition of “interim action” in s. NR 700.03 (29) and is accordingly subject to the interim action requirements of this chapter. NR 169.11 NoteNote: Forms are available at no charge from the remediation and redevelopment program in any department regional or central office or by contacting the department at (608) 266-2111.
NR 169.11(1)(a)5.5. Document to the department that the response meets the criteria for immediate action under s. NR 708.05 and that the response action was an appropriate response warranted by site conditions. NR 169.11(1)(a)6.6. Within 120 days after completing an immediate action, submit an application to the department as specified in s. NR 169.19 which documents all eligible actions and associated costs. An immediate action is complete when the immediate nature of the release has been adequately addressed. An immediate action that includes operation and maintenance of equipment is complete once the equipment is installed. NR 169.11 NoteNote: Section NR 708.05 (2) requires owners or operators who take emergency immediate actions to conduct any further response actions needed to restore the environment to the extent practicable unless the department determines that no further response is necessary in accordance with s. NR 708.09. NR 169.11(1)(b)(b) Interim actions. To receive reimbursement from the department for costs associated with an interim action, an eligible applicant shall do all the following: NR 169.11 NoteNote: Section NR 706.05 provides that unless exempted under s. NR 706.07, persons who cause the discharge to the environment of a hazardous substance or who possess or control a hazardous substance which is discharged to the environment shall immediately notify the department of the discharge. The toll–free hot–line for spill reporting is 1–800–943–0003. NR 169.11 NoteNote: Section 292.65 (4) (c), Stats., states that an owner or operator shall notify the department, before conducting a site investigation or any remedial action activity, of the potential for submitting an application for an award under this section. This does not apply to an owner or operator who began a site investigation or remedial action activity before October 14, 1997. Notification forms are available at no charge from the remediation and redevelopment program in any department regional or central office or by contacting the department at (608) 266-2111. NR 169.11(1)(b)3.3. Document to the satisfaction of the department that the response meets the criteria of interim action in s. NR 708.11 and that immediate action is not necessary at the facility. NR 169.11(1)(b)4.4. Submit to the department for approval detailed information regarding the interim action being proposed including appropriate cost estimates for the proposed interim action and a schedule for conducting a ch. NR 716 site investigation. NR 169.11 NoteNote: Chapter NR 716 site investigation schedules will be negotiated between the department and applicant. The department may allow phased investigations based on factors such as the risk posed by the site, the anticipated effectiveness of the interim remedial action, the amount and quality of the preliminary site screening data, and financial considerations including the ability to pay for the response action and the availability of funds for reimbursement of response actions NR 169.11 NoteNote: Chapter NR 749 fees will not be required by the department for review of the interim action proposal for eligible dry cleaning facilities. NR 169.11 NoteNote: The department will use the information submitted under subds. 3. and 4. to classify the site’s priority for reimbursement under ss. NR 169.15 and 169.17 NR 169.11(1)(b)5.5. Obtain departmental approval to undertake the interim action that is detailed as required by subd. 4. NR 169.11 NoteNote: The department may approve the action, deny the action or require that the eligible applicant obtain 3 bids for the cost of implementing the action. If the department requires an applicant to obtain bids for an interim action, the bids must be submitted to the department for approval.
NR 169.11(1)(b)6.6. Implement the interim action in accordance with the proposal approved by the department. NR 169.11(1)(b)7.7. Sign a statement agreeing to comply with all applicable statutes and rules, including an agreement to continue to operate, monitor and maintain all interim remedial action equipment and systems until the department determines they are no longer needed as part of the remedial action. NR 169.11(1)(b)8.8. Within 120 days of completing the interim action, submit an application form developed by the department and specified in s. NR 169.19, which documents all eligible actions and associated costs. An interim action is completed when field installations are completed. NR 169.11 NoteNote: Forms are available at no charge from the remediation and redevelopment program in any department regional or central office or by contacting the department at (608) 266-2111.
