NR 722.09(3)(3) Additional standards of performance. Each remedial action or combinations of actions shall protect public health, safety and welfare and the environment from all contaminated media, routes of exposure and contamination at the site or facility. Responsible parties shall presume that a remedial action option or combination of options is protective if it meets the criteria in sub. (2), unless the responsible party or the department determines that compliance with applicable public health and environmental laws, including environmental standards, is not protective of public health, safety, or welfare or the environment due to multiple pathways of exposure or synergistic effects of contamination. At sites or facilities where there may be synergistic effects of contamination, multiple pathways of exposure or both that pose an unacceptable threat to public health, safety or welfare or the environment, responsible parties shall attain more stringent, facility or site-specific numeric standards to ensure that public health, safety and welfare and the environment are protected. In such a situation, the department may require that the responsible parties develop a site-specific numeric or performance standard, or both, that is protective of public health, safety and welfare and the environment for the specific media, migration or exposure pathways and contamination. NR 722.09(4)(4) Landfill disposal of untreated contaminated unconsolidated material. Responsible parties may only select landfill disposal for untreated contaminated unconsolidated material if such disposal is in compliance with chs. NR 500 to 538, the landfill’s approved plan of operation and both of the following requirements: NR 722.09(4)(a)1.1. Except as provided in subd. 2., untreated contaminated unconsolidated material may only be accepted by the landfill operator for use as daily cover in accordance with s. NR 514.04 (6), if the volume of untreated contaminated unconsolidated material that is proposed to be used as daily cover does not exceed the landfill’s net daily cover needs nor 12.5% of the annual volume of waste received by the landfill, or for use in the construction of soil structures within the fill area when approved for that specific use by the department, unless otherwise specifically provided in the landfill’s individual license and approved plan of operation. NR 722.09(4)(a)2.2. Untreated contaminated unconsolidated material that is not usable as daily cover or for soil structures and for which there is no technically and economically feasible treatment alternative may be disposed of in a landfill only with prior written approval from the department, unless otherwise specifically provided in the landfill’s individual license and approved plan of operation. NR 722.09(4)(b)1.1. Except as provided in subd. 2. or 3., the volume of untreated contaminated unconsolidated material from a single site or facility that is proposed for landfill disposal may not exceed 250 cubic yards as measured in situ. NR 722.09(4)(b)2.2. Except as provided in subd. 3., volumes of untreated contaminated unconsolidated material that exceed 250 cubic yards may be disposed of in a licensed landfill with a department-approved composite liner, or a liner that is equivalent to a composite liner in terms of environmental protection as determined by the department. NR 722.09(4)(b)3.3. Volumes of untreated contaminated unconsolidated material that exceed 2000 cubic yards may be disposed of in a landfill only if prior written approval is obtained from the department after the department has reviewed a remedial action options report. NR 722.09 NoteNote: Material contaminated with polychlorinated biphenyls (PCBs) must be managed in accordance with the requirements of chs. NR 700 to 754. EPA has independent authority to regulate material contaminated with PCBs under TSCA. The department and EPA have entered into a memorandum of understanding that specifies how responsibility for government oversight at sites with PCB contamination will be determined. The memorandum of agreement can be found at: http://dnr.wi.gov/files/pdf/pubs/rr/rr786.pdf. NR 722.09(5)(5) Continuing obligations. All legal and administrative mechanisms that establish property-specific responsibilities shall be selected consistent with the provisions of ch. 292, Stats., ch. NR 726, and this chapter, and are protective of public health, safety, and welfare and the environment. NR 722.09 HistoryHistory: Cr. Register, April, 1995, No. 472, eff. 5-1-95; CR 01-129: am. (2) (a), Register July 2002 No. 559, eff. 8-1-02; correction in (4) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650; CR 12-023: am. (2) (b) 1., 2., renum. (2) (d) to (2) (d) (intro.) and am., cr. (2) (d) 1., 2., am. (2) (e) 2., cr. (2m), am. (4) (a) 1, (b) 3., r. and recr. (5) Register October 2013 No. 694, eff. 11-1-13. NR 722.11(1)(1) The responsible party may request, and the department may consider granting, approval to prepare and submit a risk assessment for the purpose of developing environmental standards only if the responsible parties demonstrate to the satisfaction of the department that: NR 722.11(1)(a)(a) Compliance with the applicable environmental standards listed in s. NR 722.09 (2) will not be protective of public health, safety and welfare and the environment; or NR 722.11(1)(b)(b) Attaining compliance with the applicable residual contaminant levels in ch. NR 720 is not practicable. NR 722.11(2)(2) If the department authorizes the use of a risk assessment to develop environmental standards, the responsible parties shall utilize standard exposure assumptions approved by the department. The department may approve, modify or disapprove of the risk assessment prepared by the responsible parties and shall provide a written explanation of the department’s action to the responsible parties. NR 722.11(3)(3) When the department enters into a contract pursuant to s. 292.31, Stats., the department shall determine whether or not a risk assessment should be prepared and by whom. NR 722.11 HistoryHistory: Cr. Register, April, 1995, No. 472, eff. 5-1-95; CR 12-023: am. (3) Register October 2013 No. 694, eff. 11-1-13. NR 722.13NR 722.13 Remedial action options report. NR 722.13(1)(1) General. Based on the evaluation and selection of remedial action options required in ss. NR 722.07 and 722.09, responsible parties shall document the evaluation and selection in a remedial action options report in compliance with the requirements of this section. Responsible parties shall submit the remedial action options report to the department within 60 days after submitting the site investigation report, unless otherwise specified by the department. NR 722.13(2)(2) Contents of report. The remedial action options report shall include the following: NR 722.13(2)(a)2.2. The purpose of the submittal and the desired department action or response. NR 722.13(2)(b)(b) Executive summary. A brief narrative summarizing the contents of the report. NR 722.13(2)(c)1.1. Project title, name of the site or facility, its location, the mailing address and telephone number of the responsible parties, and the name, address and telephone number of the person who prepared the report. NR 722.13(2)(c)3.3. A summary of the nature and extent of contamination at the site or facility, based on the data gathered during the site investigation. NR 722.13(2)(c)4.4. A summary of the geologic and hydrogeologic characteristics at the site or facility, based on data gathered during the site investigation. NR 722.13 NoteNote: If a site investigation report required under ch. NR 716 and a remedial action options report required under this chapter are prepared as a single submittal, the site investigation information does not need to be restated in the remedial action options portion of the combined submittal. NR 722.13(2)(d)(d) Remedial action options. A brief description of each remedial action option that has been evaluated under s. NR 722.07, including all of the following information: NR 722.13(2)(d)1.1. A physical and operational description of each remedial action option. NR 722.13(2)(d)2.2. The degree to which each evaluated remedial action option is expected to comply with the environmental laws and standards under s. NR 722.09 (2). NR 722.13(2)(d)3.3. The physical location at the site or facility where the environmental standards applicable to the site or facility and the remedial action option are to be complied with. NR 722.13(2)(d)4.4. Any local, state or federal licenses, permits or approvals that are required for each remedial action option. NR 722.13(2)(d)5.5. A comparison of the expected performance of each remedial action option in relation to the technical and economic feasibility criteria in s. NR 722.07 (4). NR 722.13(2)(d)6.6. A statement on whether or not treatment was considered and why a treatment option or combination of treatment options were rejected, if rejected. NR 722.13(2)(e)(e) Selected remedial action. Responsible parties shall document the selected remedial action in compliance with this section, except where the department is selecting the remedial action option under s. NR 722.05 (2). The remedial action options report shall identify the selected remedial action and shall include: NR 722.13(2)(e)1.1. A brief summary of the rationale for choosing the remedial action, based on the evaluation required under s. NR 722.07. NR 722.13(2)(e)2.2. A proposed schedule for implementing the selected remedial action option. NR 722.13(2)(e)4.4. An estimate of the time frame needed for the selected remedial action option to comply with the applicable federal or state environmental laws and standards, whichever are more stringent. NR 722.13(2)(e)5.5. A description of how the performance of the selected remedial action option will be measured. NR 722.13(2)(e)6.6. A description of how treatment residuals generated in connection with the selected remedial action option will be managed on-site and, if applicable, off-site. NR 722.13 HistoryHistory: Cr. Register, April, 1995, No. 472, eff. 5-1-95; am. (1), Register, January, 2001, No. 541, eff. 2-1-01; CR 12-023: am. (1), (2) (e) 1., 3., cr. (2) (e) 7. Register October 2013 No. 694, eff. 11-1-13. NR 722.15(1)(1) General. The department may respond to the submission of a remedial action options report required by this chapter using one of the following methods: NR 722.15(1)(a)(a) The department may, in writing, direct responsible parties to submit all of the reports required under this chapter and to proceed to implement the selected remedial action without department approval, review or acknowledgement. NR 722.15(1)(b)(b) The department may, in writing, direct responsible parties that review and approval of a remedial action options report is necessary prior to proceeding to implement the selected remedial action pursuant to ch. NR 724. The department shall provide written acknowledgement of receipt of each report submitted pursuant to this chapter within 30 days. Department acknowledgement shall include an estimated date for completion of department review. NR 722.15(2)(2) Department review. In cases where the department is reviewing a remedial action options report under this chapter prior to the implementation of the selected remedial action, the department: NR 722.15(2)(a)(a) May exercise discretion on a case-by-case basis and request additional information, require revisions, approve, conditionally approve or disapprove of the report. NR 722.15(2)(b)(b) Shall provide a written explanation of the reasons for any disapproval to the responsible parties. NR 722.15(2)(c)(c) May establish a schedule for the responsible parties to provide additional information and revisions to the department. NR 722.15(2)(d)(d) May approve the remedial action options report only after ensuring that implementation of the selected remedial action will adequately protect human health, safety, and the environment. In making this determination, the department shall consider the following factors as appropriate: NR 722.15(2)(d)1.1. The physical and chemical characteristics of each contaminant including its toxicity, persistence, and potential for migration. NR 722.15(2)(d)2.2. The hydrogeologic characteristics of the site or facility and the surrounding area. NR 722.15(2)(d)3.3. The proximity, quality, and current and future uses of nearby surface water and groundwater. NR 722.15(2)(d)4.4. The potential effects of residual contamination on nearby surface water and groundwater. NR 722.15(2)(d)6.6. All other relevant information contained in the remedial options report. NR 722.15(2)(e)(e) May, as a condition of approving the remedial action, do any of the following: NR 722.15(2)(e)1.1. Require operation and maintenance of an engineering control on the site. NR 722.15(2)(e)2.2. Require an investigation of the extent of residual contamination and the performance of any necessary remedial action if a building or other structural impediment is removed that had prevented a complete investigation or remedial action at the site. NR 722.15(2)(e)3.3. Require that the department be notified prior to a change in land use, if the proposed land use change would be such that any of the exposure assumptions on which a continuing obligation are based would no longer be protective of human health, safety, or welfare or the environment. NR 722.15(2)(e)4.4. Require vapor control technologies be used for any new construction on the site, or require interim actions to limit or prevent vapor intrusion be installed, operated and maintained. NR 722.15(2)(e)5.5. Require site-specific actions or continuing obligations to adequately protect human health, safety, or welfare or the environment. NR 722.15(2)(e)6.6. Require the submittal of the information necessary for listing the site on the department database. NR 722.15 NoteNote: In accordance with ch. NR 749, the appropriate review must accompany any request for the department to review a specific document. NR 722.15(3)(3) Notice to proceed. Unless otherwise directed, at sites or facilities where the department approves or conditionally approves of a remedial action report, the responsible parties shall initiate the design and construction of the selected remedial action within 90 days after department approval or conditional approval. NR 722.15 HistoryHistory: Cr. Register, April, 1995, No. 472, eff. 5-1-95; CR 12-023: am. (2) (d) 1. to 5., cr. (2) (e), renum. (3) (intro.) to (3) and am., r. (3) (a), (b) Register October 2013 No. 694, eff. 11-1-13. NR 722.17NR 722.17 Department database requirements for remedial actions approved with a continuing obligation. NR 722.17(1)(1) For sites or facilities where the department has approved a remedial action that includes a continuing obligation which meets any of the criteria in ss. NR 722.15 (2) (e) and 725.05 (2), the department may require that the site or facility, including all properties and rights-of-way within the contaminated site boundaries, be included on the department database. NR 722.17(2)(2) The site or facility remedial action plan approval letter shall be associated with the site or facility record in the department database, for those sites required to be included on the department database. NR 722.17 NoteNote: Under s. 292.12 (3) (b), Stats., the department has authority to charge a fee for placement on a department database. NR 722.17 HistoryHistory: CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13.
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