NR 722.07(4)(a)3.g.g. The technical feasibility of recycling, treatment, engineering controls or disposal.

NR 722.07(4)(a)3.h.h. The technical feasibility of naturally occurring biodegradation at the site or facility, if responsible parties evaluate this option.

NR 722.07(4)(a)3.j.j. Reduction of greenhouse gases consistent with federal or state climate action policies.

NR 722.07(4)(a)4.4. ‘Restoration time frame.’ The expected time frame needed to achieve the necessary restoration, taking into account all of the following qualitative criteria:

NR 722.07(4)(a)4.c.c. Presence of threatened or endangered species or habitats, as defined by state and federal law.

NR 722.07(4)(a)4.d.d. Current and potential use of the aquifer, including proximity to private and public water supplies and surface water bodies.

NR 722.07(4)(a)4.h.h. Naturally occurring biodegradation processes at the site or facility which are expected to reduce the total mass of contamination in an effective and timely manner and which have been demonstrated to be occurring at the site or facility, to the satisfaction of the department in the site investigation report.

NR 722.07 NoteNote: The biogeochemical environment and the contaminant of concern are critical factors in determining degradation potential. Not all compounds readily degrade in soil or groundwater, while others, such as certain petroleum compounds have a greater degradation potential.

NR 722.07 NoteNote: The purpose of s. NR 722.07 (4) (a) 4. is to provide criteria to determine how quickly environmental laws and standards must be achieved, due to the site-specific hazards that the contamination poses. It is not intended to authorize risk assessments, nor is it the intent of this provision to establish a generic time period that would be applied at all sites or facilities.

NR 722.07(4)(b)(b) Economic feasibility. The economic feasibility of each appropriate remedial action option that effectively and efficiently addresses the source of the contamination shall be evaluated, using the following criteria:

NR 722.07(4)(b)4.4. Total present worth of the costs for all national priority list sites or facilities; sites or facilities where the department has entered into a contract pursuant to s. 292.31 (1) (b), Stats.; and sites or facilities where state environmental fund monies are being expended; and

NR 722.07(5)(a)(a) Engineering controls. If engineering controls are considered, responsible parties shall, at a minimum, evaluate an on-site engineering control to address all hazardous substances, contaminated media and migration or exposure pathways.

NR 722.07 NoteNote: Engineering controls include on–site or off–site containment methods, such as covers, soil covers, engineered structures, liners, gas collection systems, armoring of sediments, erosion controls, vapor mitigation systems, and groundwater slurry walls. Restricting access to a site or facility, such as constructing a fence, is not an engineering control.

NR 722.07(5)(b)(b) Continuing Obligations. Responsible parties shall consider the appropriateness of using continuing obligations to ensure that adequate protection of public health, safety, and welfare and the environment is maintained over time.

NR 722.07(5)(c)(c) Additional requirements. Responsible parties shall comply with additional site–specific remedial action evaluation or documentation requirements that may be specified by the department due to the complexity of the site or facility, the persistence of certain compounds, or the severity of the potential or actual public health or environmental impacts.

NR 722.07 HistoryHistory: Cr. Register, April, 1995, No. 472, eff. 5-1-95; CR 12-023: am. (3) (a), cr. (3) (am), am. (b) (intro.), r. (3) (b) 1., 2., renum. (3) (b) 2. a. to c. to (3) (b) 1m, 2., 3. and am. (3) (b) 3., am. (4) (a) (intro.), 3. a., b., cr. (4) (a) 3. i., j., am. (4) (a) 4. d., g., cr. (4) (a) 4. i., am. (4) (b) (intro.), r. (4) (b) 1., renum. (4) (b) 1. a. to e. to (4) (b) 1m., 2m., 3., 4., 5. and am. (4) (b) 4., r. (4) (b) 2., am. (5) (b), (c) Register October 2013 No. 694, eff. 11-1-13.