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.