Chapter NR 722

STANDARDS FOR SELECTING REMEDIAL ACTIONS

NR 722.01   Purpose.

NR 722.02   Applicability.

NR 722.03   Definitions.

NR 722.05   General.

NR 722.07   Identification and evaluation of remedial action options.

NR 722.09   Selection of a remedial action.

NR 722.11   Risk assessments.

NR 722.13   Remedial action options report.

NR 722.15   Department response.

NR 722.17   Department database requirements for remedial actions approved with a continuing obligation.

Ch. NR 722 Note Note: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1997, No. 494.

NR 722.01 NR 722.01 Purpose. The purpose of this chapter is to establish minimum standards for identifying and evaluating remedial action options and selecting remedial actions. This chapter is adopted pursuant to ss. 227.11 (2), 287.03 (1) (a), 287.05, and 289.06 (1) and (2), Stats., and ch. 292, Stats.

NR 722.01 History History: Cr. Register, April, 1995, No. 472, eff. 5-1-95; am. Register, February, 1996, No. 482, eff. 3-1-96; CR 12-023: am. Register October 2013 No. 694, eff. 11-1-13.

NR 722.02 NR 722.02 Applicability.

NR 722.02(1) (1) This chapter applies to all remedial actions taken by the department under the authority of ch. 292, Stats. This chapter does not apply to immediate actions or interim actions, unless specifically noted in ch. NR 708. In this chapter, where the term “responsible parties” appears, it shall be read to include the department, where a department–funded remedial action is being taken.

NR 722.02(2) (2) Unless otherwise specified elsewhere in chs. NR 700 to NR 754, this chapter applies to all remedial actions taken by responsible parties at sites, facilities or portions of a site or facility that are subject to regulation under ch. 292, Stats., regardless of whether there is direct involvement or oversight by the department, except for those sites or facilities being addressed under the dry cleaner response program.

NR 722.02 Note Note: Sites being addressed under the dry cleaner response program are exempt because the comparison of remedies is accomplished through the remedial action bidding process, which requires 3 to 6 alternative bids to be compared before a remedy is selected.

NR 722.02(2m) (2m) This chapter applies to all remedial actions taken by persons seeking the liability exemption under s. 292.15, Stats. In this chapter, where the term “responsible party” appears, it shall be read to include the “voluntary party” where an action is being undertaken to comply with s. 292.15, Stats.

NR 722.02(3) (3) In addition to being applicable to sites or facilities that are subject to regulation under ch. 292, Stats., ch. NR 722 applies to the evaluation of proposed remedial action options for solid waste facilities where remedial action is required by the department pursuant to ch. NR 508.

NR 722.02 Note Note: Persons who wish to conduct response actions that will be consistent with the requirements of CERCLA and the National Contingency Plan (NCP) may request that the department enter into a contract with them pursuant to s. 292.31 or a negotiated agreement under s. 292.11 (7) (d), Stats. However, a CERCLA–quality response action will likely require compliance with additional requirements beyond those contained in chs. NR 700 to 754 in order to be consistent with CERCLA and the NCP.