Chapter NR 708
IMMEDIATE AND INTERIM ACTIONS
NR 708.05 Immediate actions. NR 708.07 Additional response actions. NR 708.09 No further response action. NR 708.11 Interim actions. NR 708.13 Free product removal. NR 708.15 Interim action reports. NR 708.17 Local Governmental Unit or Economic Development Corporation Exemptions. NR 708.01NR 708.01 Purpose. This chapter establishes criteria for emergency and non–emergency immediate actions and interim actions to be taken by responsible parties, or interim actions taken by local governmental units or economic development corporations when directed by the department, to protect public health, safety, or welfare or the environment; and establishes the documentation requirements associated with these response actions. This chapter is adopted pursuant to ss. 227.11 (2), 287.03 (1) (a), 289.06, Stats., and ch. 292, Stats. NR 708.01 NoteNote: The following portions of 40 CFR part 280 have been included in the text of this chapter: portions of s. 280.34 (a) (3); s. 280.61 (b) and (c); s. 280.62 (a) (1) to (3) and (6); s. 280.62 (b); portions of s. 280.63 (a) and (b); s. 280.64 (a) to (d); s. 280.65 (a); and portions of s. 280.66 (a), (b) and (d). Additional portions of s. 280.34 (a) (3) are included in chs. NR 706, 716, 722 and 724. Additional portions of s. 280.63 (a) and (b) are included in chs. NR 706 and 716. Additional portions of 280.66 (a) to (d) are included in ch. NR 724. NR 708.01 HistoryHistory: Cr. Register, April, 1994, No. 460, eff. 5-1-94; am., Register, February, 1996, No. 482, eff. 3-1-96; CR 12-023: am. Register October 2013 No. 694, eff. 11-1-13. NR 708.02(1)(1) This chapter applies to emergency and non–emergency immediate actions and interim actions taken by the department under the authority of ch. 292, Stats. In this chapter, where the term “responsible parties” appears, it should be read to include the department in situations where a department–funded response action is being taken. NR 708.02 NoteNote: The department has the authority under s. 292.11 (10), Stats., to waive the requirements of s. 292.11, Stats., to prevent an emergency condition threatening public health, safety, or welfare. NR 708.02(2)(2) This chapter applies to immediate actions and interim actions taken by responsible parties at sites, facilities or portions of a site or facility that are subject to regulation under s. 292.11 or 292.31, Stats., regardless of whether there is direct involvement or oversight by the department. NR 708.02 NoteNote: Persons who wish to conduct response actions that will be consistent with the requirements of CERCLA and the NCP may request that the department enter into a contract with them pursuant to s. 292.31, Stats., or a negotiated agreement under s. 292.11 (9) (e) 4., 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 708.02(2m)(2m) This chapter applies to response actions taken by persons seeking the liability exemption under s. 292.15, Stats. NR 708.02(2r)(2r) Section NR 708.17 applies to response actions taken by a local governmental unit or economic development corporation when directed by the department under s. 292.11 (9) (e) 4., Stats. NR 708.02(3)(3) 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 control. The department shall, after receipt of a request from a responsible party, provide a letter that indicates which regulatory program or programs the department considers to be applicable to the site or facility. NR 708.02 NoteNote: Sites, facilities or portions of a site or facility that are subject to regulation under s. 292.11 or 292.31, Stats., may also be subject to regulation under 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. One portion of a site or facility may be regulated under a different statutory authority than other portions of that site or facility. NR 708.02 HistoryHistory: Cr. Register, April, 1994, No. 460, eff. 5-1-94; cr. (2m), Register, February, 1996, No. 482, eff. 3-1-96; CR 12-023: am. (1), cr. (2r) Register October 2013 No. 694, eff. 11-1-13. NR 708.03NR 708.03 Definitions. In this chapter: NR 708.03(1)(1) “Economic development corporation” has the meaning described in s. 501 (c) of the Internal Revenue Code, as defined in s. 71.22 (4), Stats., that is exempt from federal taxation under section 501 (a) of the Internal Revenue Code, or an entity wholly owned and operated by such a corporation, with respect to property acquired to further the economic development purposes that exempt the corporation from federal taxation. NR 708.03 NoteNote: Section 292.11 (9) (e) 1., Stats., defines “local governmental unit” to mean “a municipality, a redevelopment authority created under s. 66.1333, a public body designated by a municipality under s. 66.1337 (4), a community development authority or a housing authority.” NR 708.03 HistoryHistory: Cr. Register, April, 1994, No. 460, eff. 5-1-94; CR 12-023: am. (intro.), cr. (1), (2) Register October 2013 No. 694, eff. 11-1-13. NR 708.05(1)(1) General. Unless otherwise directed by the department, responsible parties shall immediately take action to halt a hazardous substance discharge or environmental pollution and to minimize the harmful effects of the discharge or environmental pollution to the air, lands or waters of the state. NR 708.05 NoteNote: Section 292.11 (2) (a), Stats., and ch. NR 706 require that the department be notified immediately of hazardous substance discharges. NR 708.05(2)(2) Emergencies. For hazardous substance discharges that pose an imminent threat to public health, safety or welfare or the environment, responsible parties shall conduct all necessary emergency immediate actions. Once the emergency situation is responded to, responsible parties shall 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 708.05 NoteNote: Responsible parties are also required by s. 323.71 (1), Stats., to immediately conduct emergency action to protect public health and safety and to prevent damage to property in cooperation with local police and fire departments, county sheriffs, and county offices of emergency government. NR 708.05(3)(a)(a) Responsible parties shall take all necessary, non-emergency immediate actions to halt the discharge of a hazardous substance and to contain, treat or remove discharged hazardous substances, environmental media or both, in order to minimize the harmful effects of the discharge to the air, lands and waters of the state and to restore the environment to the extent practicable. NR 708.05(3)(b)(b) A response to a hazardous substance discharge and any related contaminated media shall be considered by the department as a non-emergency immediate action when all of the following criteria are met: NR 708.05(3)(b)1.1. The discharge does not pose an imminent threat to public health, safety, or welfare or the environment. NR 708.05(3)(b)2.2. The response does not result in the excavation and disposal, treatment, or storage of more than 100 cubic yards of contaminated soil, debris, sediment, or a combination of these media from a single site or facility, unless an alternative volume is approved by the department. NR 708.05(3)(b)3.3. The discharge is responded to immediately after the hazardous substance discharge occurs or is responded to immediately after discovery. NR 708.05 NoteNote: Responsible parties are required to notify the department immediately of a hazardous substance discharge, in accordance with the requirements of ch. NR 706. NR 708.05 NoteNote: If further action is required after a non–emergency response action is taken, that action meets the definition of “interim action” in s. NR 700.03 (29). The principal distinction between a non–emergency immediate action and an interim action is that a site investigation will generally be required in conjunction with an interim action but not with a non–emergency immediate action. In addition, interim actions will be closed out using the criteria in ch. NR 726, not the “no further action” criteria in s. NR 708.09. NR 708.05(3)(c)(c) Responsible parties shall conduct sampling at the completion of an immediate action, in accordance with the requirements of ss. NR 712.05 and 716.13, when any of the following conditions are met: NR 708.05(3)(c)1.1. The hazardous substance discharge or environmental pollution is in contact with groundwater. NR 708.05(3)(c)2.2. The amount, identity or duration of the hazardous substance discharge or environmental pollution is unknown. NR 708.05(3)(c)3.3. Where other site or facility conditions indicate that sampling is necessary to confirm the adequacy of the immediate action. NR 708.05(4)(4) Specific actions. Immediate actions may include any of the following: NR 708.05(4)(b)(b) Identifying, monitoring and mitigating fire, explosion and vapor hazards, which may include free product removal. Free product removal shall be conducted in accordance with the requirements of s. NR 708.13 and documented in accordance with s. NR 708.15. NR 708.05(4)(c)(c) Visually inspecting the site or facility and installing physical containment barriers such as berms, booms, dikes or trenches. NR 708.05(4)(d)(d) Preventing the flushing of hazardous substances to sewer systems, state waters or environmental media or habitats. NR 708.05(4)(e)(e) Plugging or overpacking leaking containers which contain or are suspected to contain hazardous substances. NR 708.05(4)(f)(f) Providing alternate water supplies to persons whose water supply has been or is likely to be affected by the migration of contamination. NR 708.05(4)(g)(g) Removing hazardous substances from leaking underground storage tank systems. NR 708.05(4)(i)(i) Measuring for the presence of free product, visually or through field samples or other appropriate methods. NR 708.05(5)(a)(a) The provisions of chs. NR 712, 716 and 724 do not apply to immediate actions conducted by responsible parties, unless compliance with a portion of these chapters is specifically required in this chapter. NR 708.05(5)(b)(b) Contaminated soils, as defined in s. NR 718.03 (5), that are excavated as part of an immediate action are exempt from the storage requirements of s. NR 718.05 and the solid waste regulatory requirements of ch. 289, Stats., and chs. NR 500 to 538, for a period of 72 hours after the initial excavation of the contaminated soils. NR 708.05(6)(a)(a) Unless par. (b) is applicable or unless otherwise directed by the department, responsible parties shall prepare and submit written documentation to the department describing the immediate actions taken at their site or facility and the outcome of those actions, within 45 days after the initial hazardous substance discharge notification is given to the department in accordance with the requirements of ch. NR 706. NR 708.05(6)(b)(b) Where a discharge from a UST has occurred, responsible parties shall prepare and submit written documentation to the department within 20 days after notifying the department of a hazardous substance discharge in accordance with the requirements of ch. NR 706. NR 708.05(6)(c)(c) The written documentation required of the responsible parties pursuant to par. (a) or (b) shall include all of the following: NR 708.05(6)(c)1.1. A statement expressing the purpose of the submittal and the desired department action or response. NR 708.05(6)(c)3.3. Location of the site or facility, or discharge incident, including street address; quarter–quarter section, township, range, and county; and the location information specified in s. NR 716.15 (5) (d); latitude and longitude, and legal description of lot, if located in platted area. NR 708.05(6)(c)4.4. Any information required under ch. NR 706 that has not been provided to the department previously. NR 708.05(6)(c)5.5. The type of engineering controls, treatment or both and the effluent quality of any permitted or licensed discharge. NR 708.05(6)(c)6.6. The type, total volume and final disposition of the discharged hazardous substance and contaminated materials generated as part of the immediate action, including legible copies of manifests, receipts and other relevant documents. NR 708.05(6)(d)(d) Responsible parties may include the information required in par. (c) with a final report and letter of compliance required in s. NR 708.09 which documents that the immediate response action is complete and no further action is necessary to respond to a hazardous substance discharge or environmental pollution, provided that the information required in par. (c) is submitted within 45 days after the initial hazardous substance discharge notification is given to the department. NR 708.05 NoteNote: It is the intent of the department to encourage submittal of the notification information required in s. NR 708.05 (6) with the no further action information required in s. NR 708.09, provided that the notification information is submitted within 45 days. If the 45 day limit cannot be met, then 2 separate submittals will be needed, if no further action is being documented for the immediate response action. NR 708.05 HistoryHistory: Cr. Register, April, 1994, No. 460, eff. 5-1-94; r. and recr. (6) (d), Register, March, 1995, No. 471, eff. 4-1-95; am (6) (a), (b) and (c) 4., Register, February, 1997, No. 494, eff. 3-1-97; correction in (5) (b) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650; CR 12-023: am. (3) (b) 2., (5) (b), (6) (c) 3. Register October 2013 No. 694, eff. 11-1-13. NR 708.07NR 708.07 Additional response actions. Unless s. NR 708.09 is applicable, responsible parties shall conduct all necessary additional response actions at the completion of an immediate action including, but not limited to, the actions listed in subs. (1) to (4), either at the direction of the department or where the responsible party has determined that site or facility conditions warrant an additional response action: NR 708.07(1)(1) Additional immediate action in accordance with this chapter.
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Chs. NR 700-799; Environmental Protection – Investigation and Remediation of Environmental Contamination
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