NR 708.11(2)(c)(c) Extracting free product, leachate or groundwater to restrict migration of a contaminant plume.

NR 708.11(2)(d)(d) Constructing a temporary engineering control, such as a low permeability cover, or installing and operating a vapor mitigation system.

NR 708.11(3)(3) Selection of interim actions. Unless otherwise directed by the department, responsible parties shall select and implement necessary interim action without prior department approval. The interim action selected by responsible parties shall comply with all of the following requirements:

NR 708.11(3)(a)(a) Be protective of public health, safety, and welfare and the environment for the exposure pathways being addressed and any solid or hazardous waste or the hazardous substances and contaminated environmental media being generated.

NR 708.11(3)(b)(b) Comply with all state and federal public health and environmental laws, whichever are more stringent, that apply to the type of interim action being taken and any solid or hazardous waste and contaminated environmental media that is being generated, treated, stored or disposed as part of the interim action.

NR 708.11(3)(d)(d) Be consistent with the final remedial action that is likely to be selected for that pathway of exposure or contaminated environmental media that is being addressed by the interim action.

NR 708.11(3)(e)(e) Comply with one of the following requirements when disposal of contaminated soil, sediment or other granular material such as fill, not including debris, is proposed:

NR 708.11(3)(e)1.1. The volume of untreated contaminated soil, sediment or other granular material such as fill, not including debris, from a single site or facility that is proposed for off-site disposal does not exceed 100 cubic yards and is accepted by a landfill for daily cover that does not exceed on an annual basis the landfill’s net daily cover needs or 12.5% of the annual volume of waste received by the landfill.

NR 708.11(3)(e)2.2. Volumes of contaminated soil, sediment or other granular material, not including debris, that exceed 100 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, in compliance with the landfill’s approved plan of operation.

NR 708.11(4)(4) Design and implementation requirements. For the types of interim actions listed in pars. (a) through (c), responsible parties shall prepare and submit to the department all reports and plans required by ch. NR 724 for department review and approval prior to proceeding to the next step in design, implementation or operation of an interim action under ch. NR 724, unless otherwise directed.

NR 708.11(4)(a)(a) On-site treatment system, including a groundwater extraction and treatment system.

NR 708.11(4)(b)(b) On–site engineering control or barrier, including a landfill cover or groundwater barrier system, or a vapor mitigation system other than a radon-type sub-slab depressurization system.

NR 708.11(4)(c)(c) Any other type of interim action option when the department notifies responsible parties, on a case-by-case basis, that a design report is required prior to implementation of the interim action.

NR 708.11(5)(5) Additional response action. Unless otherwise directed by the department, responsible parties shall initiate and complete a site investigation in accordance with ch. NR 716 during the implementation of the interim action or as soon as it is feasible to do so after the completion of the interim action.

NR 708.11 HistoryHistory: Cr. Register, April, 1994, No. 460, eff. 5-1-94; cr. (3) (e), Register, April, 1995, No. 472, eff. 5-1-95; CR 12-023: renum. (1) to (1) (a), cr. (1) (b), am. (2) (d), (4) (b) Register October 2013 No. 694, eff. 11-1-13.

NR 708.13NR 708.13 Free product removal. Responsible parties shall conduct free product removal whenever it is necessary to halt or contain the discharge of a hazardous substance or to minimize the harmful effects of the discharge to the air, lands or waters of the state. When required, free product removal shall be conducted, to the maximum extent practicable, in compliance with all of the following requirements:

NR 708.13(1)(1) Free product removal shall be conducted in a manner that minimizes the spread of contamination into previously uncontaminated zones using recovery and disposal techniques appropriate to the hydrologic conditions at the site or facility, and that properly reuses or treats discharges of recovery byproducts in compliance with applicable state and federal laws.

NR 708.13(2)(2) Free product removal systems shall be designed to abate free product migration.

NR 708.13(3)(3) Any flammable products shall be handled in a safe and competent manner to prevent fires or explosions.

NR 708.15(1)(1) General. Responsible parties shall prepare and submit to the department an interim action report, in accordance with this section, describing each interim action taken. The interim action report shall be submitted as part of the remedial action report or the site investigation report, unless otherwise directed by the department or unless sub. (2) is applicable.

NR 708.15(2)(2) Free product removal. For interim actions conducted to remove free product that was discharged from a UST, responsible parties shall prepare and submit an interim action report to the department within 45 days after confirming a discharge in accordance with the requirements of ch. NR 706, unless otherwise directed by the department.

NR 708.15(3)(3) Report contents. The report required in sub. (1) or (2) shall include all of the following:

NR 708.15(3)(b)(b) Location of the site or facility, or discharge incident, including street address; quarter–quarter section, township, range, and county; the location information specified in s. NR 716.15 (5) (d); latitude and longitude, and legal description of lot, if located in platted area.