Chapter NR 714

NR 714.05(5)(d) (d) Requests for case closure.

NR 714.05(6) (6) Superfund. The department shall conduct appropriate public participation activities consistent with 40 CFR part 300, at sites or facilities on the national priorities list, unless U.S. EPA is conducting the public participation activities. The public participation activities shall include the posting of signs at the site or facility in accordance with s. NR 714.07 (4), either by the U.S. EPA, department or the potentially responsible parties.

NR 714.05 History History: CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13.

NR 714.07 NR 714.07 Public participation and notification requirements for responsible parties.

NR 714.07(1) (1) Evaluation of need for public participation and notification. In order to promote effective and meaningful public participation and notification, responsible parties shall conduct all necessary public participation and notification activities, unless otherwise directed by the department. Responsible parties shall evaluate the need for and the level of public participation and notification, based on the following criteria:

NR 714.07(1)(a) (a) Threats. Known or potential threats to public health, safety, or welfare or the environment that may be reduced by providing information to the public.

NR 714.07(1)(b) (b) Public concern. Level of public concern about a specific site, facility, or discharge or the number or status of sites, facilities, or discharges which require a response action within a particular geographic area.

NR 714.07(1)(c) (c) Additional information needed. The need to contact the public in order to gather information about the response action, including immediate or interim actions.

NR 714.07(1)(d) (d) Other. Any other factors which may be relevant to a specific site, facility, or discharge or to a group of sites, facilities, or discharges.

NR 714.07(2) (2) Content of public notification. If responsible parties or the department determine that public notification is necessary at a site or facility, responsible parties shall include, and the department may direct the responsible parties to include specific language regarding the following information as part of the public notification:

NR 714.07(2)(a) (a) Description. A description of the contamination, including the type, volume, and characteristics of the contamination.

NR 714.07(2)(b) (b) Mitigation. Response actions that are planned or underway to contain, reduce, or eliminate the threat of the contamination.

NR 714.07(2)(c) (c) Contacts. Phone number and address of persons to contact for more information.

NR 714.07(2)(d) (d) Other. Other information designated by the department.

NR 714.07(3) (3) Methods of public notification. Notice shall be provided to the public by means designed to reach those members of the public directly or indirectly affected by the discharge of a hazardous substance and the implementation and operation of any proposed or actual remedial action. The department may direct the responsible party to undertake any of the following public participation activities, and may require departmental approval of materials prepared by the responsible party in order to conduct these activities. The department may also undertake any of these activities, including personal contacts by department staff. Notice to the public may be provided by any of the following methods:

NR 714.07(3)(a) (a) Public notice in local newspapers.

NR 714.07(3)(b) (b) Block advertisements, including posters in areas frequented by the public.

NR 714.07(3)(c) (c) Distributing leaflets door-to-door in the vicinity of the site or facility.

NR 714.07(3)(d) (d) Letters to individual households or personal contacts by responsible parties or their representatives.

NR 714.07(3)(e) (e) Contacting appropriate government officials, including law enforcement, emergency response, and health officials to inform them of the circumstances and the response actions that are underway to contain, reduce, or eliminate the threat of the contamination.

NR 714.07(3)(f) (f) Contacting media by preparing radio, newspaper, or television announcements, including public service announcements.

NR 714.07(3)(g) (g) Contacting any interested individuals who have asked to be kept informed of site or facility activities at various points in the process, including any other site-specific information itemized by the requestor that is available from the responsible party, including sample results, emergency or interim actions, disposal of wastes removed from the site, requests for case closure, or enforcement actions.

NR 714.07(3)(h) (h) Holding advertised public informational meetings designed to provide the public an opportunity to ask questions and receive answers from the responsible party, the department, or both.

NR 714.07(3)(i) (i) Establishing a clearinghouse, toll-free telephone number or internet location where the public may obtain more information about the site or facility and the proposed or actual remedial actions, as well as submit comments and receive responses regarding activities that may generate noise, dust, odors, traffic, or similar local concerns.

NR 714.07(3)(j) (j) Using any other appropriate mechanisms to contact and inform the public, including the opportunity to submit public comments on proposed remedial activities and to receive written responses.

NR 714.07(4) (4) Posting of signs.

NR 714.07(4)(a) (a) Unless otherwise directed by the department, responsible parties shall post one or more department-issued signs in the following manner, when any of the following conditions are found at a site or facility:

NR 714.07(4)(a)1. 1. At the edge of the excavated contaminated soil being stored on the site or facility.

NR 714.07(4)(a)2. 2. The specific locations within the facility or site where contaminated media present a direct contact threat to humans.

NR 714.07(4)(a)3. 3. At the entry locations of buildings or structures contaminated with hazardous substances or environmental pollution that pose or may pose a threat to public health, safety, or welfare.

NR 714.07(4)(a)4. 4. At the entry locations of a building or structure which will be the subject of one of the response actions for the site or facility.

NR 714.07 Note Note: This provision describes situations where the response action involves demolition of the building or structure to access the subsurface contamination, but where the building materials themselves are not necessarily contaminated.

NR 714.07(4)(a)5. 5. At another location within a site or facility where the department believes unacceptable human exposure to contaminants exists.

NR 714.07(4)(b) (b) The responsible parties shall add to the department-issued sign required in par. (a) all necessary information, including:

NR 714.07(4)(b)1. 1. Name, address, and phone number of the owner or operator of the site or facility or responsible parties.

NR 714.07(4)(b)2. 2. Types of hazardous substances or environmental pollution on the property.

NR 714.07(4)(b)3. 3. Department-issued identification number for the site or facility.

NR 714.07(4)(b)4. 4. For signs posted at contaminated soil piles, the anticipated month, day, and year of removal of the soil pile.

NR 714.07(4)(b)5. 5. Any other information the department may request.

NR 714.07(4)(c) (c) Responsible parties shall place the signs at locations on the site or facility in accordance with par. (a), so that they shall be visible to the general public, unless the department specifies the location of the sign or signs. At least one sign shall be placed at the edge of contaminated soil storage piles.

NR 714.07(4)(d) (d) Unless otherwise directed by the department, signs required under this subsection shall be maintained and legible for the duration of the response action until final case closure is received in accordance with ch. NR 726, or until no further action is required by the department in accordance with s. NR 708.09.

NR 714.07 Note Note: In addition to the requirements of this chapter, responsible parties are also required to satisfy the public notification requirements in other chapters, including chs. NR 716, 722, and 725. These requirements include providing information to owners and occupants of property affected by contamination for which the responsible party is conducting environmental response actions. This includes (1) notification of sampling results, and (2) notification that the responsible party will request approval of a remedial action where residual contamination will remain on the property. The department is required to provide notification of the conditions of the final case closure approval to all affected parties.

NR 714.07 History History: CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13.