NR 708.01NR 708.01 Purpose. This chapter establishes criteria for emergency and non–emergency immediate actions and interim actions to be taken by responsible parties, or interim actions taken by local governmental units or economic development corporations when directed by the department, to protect public health, safety, or welfare or the environment; and establishes the documentation requirements associated with these response actions. This chapter is adopted pursuant to ss. 227.11 (2), 287.03 (1) (a), 289.06, Stats., and ch. 292, Stats.

NR 708.01 NoteNote: The following portions of 40 CFR part 280 have been included in the text of this chapter: portions of s. 280.34 (a) (3); s. 280.61 (b) and (c); s. 280.62 (a) (1) to (3) and (6); s. 280.62 (b); portions of s. 280.63 (a) and (b); s. 280.64 (a) to (d); s. 280.65 (a); and portions of s. 280.66 (a), (b) and (d). Additional portions of s. 280.34 (a) (3) are included in chs. NR 706, 716, 722 and 724. Additional portions of s. 280.63 (a) and (b) are included in chs. NR 706 and 716. Additional portions of 280.66 (a) to (d) are included in ch. NR 724.

NR 708.02(1)(1) This chapter applies to emergency and non–emergency immediate actions and interim actions taken by the department under the authority of ch. 292, Stats. In this chapter, where the term “responsible parties” appears, it should be read to include the department in situations where a department–funded response action is being taken.

NR 708.02 NoteNote: The department has the authority under s. 292.11 (10), Stats., to waive the requirements of s. 292.11, Stats., to prevent an emergency condition threatening public health, safety, or welfare.

NR 708.02(2)(2) This chapter applies to immediate actions and interim actions taken by responsible parties at sites, facilities or portions of a site or facility that are subject to regulation under s. 292.11 or 292.31, Stats., regardless of whether there is direct involvement or oversight by the department.

NR 708.02 NoteNote: Persons who wish to conduct response actions that will be consistent with the requirements of CERCLA and the NCP may request that the department enter into a contract with them pursuant to s. 292.31, Stats., or a negotiated agreement under s. 292.11 (9) (e) 4., 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.

NR 708.02(2m)(2m) This chapter applies to response actions taken by persons seeking the liability exemption under s. 292.15, Stats.

NR 708.02(2r)(2r) Section NR 708.17 applies to response actions taken by a local governmental unit or economic development corporation when directed by the department under s. 292.11 (9) (e) 4., Stats.

NR 708.02(3)(3) The department may exercise enforcement discretion on a case-by-case basis and choose to regulate a site, facility or a portion of a site or facility under only one of a number of potentially applicable statutory authorities. However, where overlapping restrictions or requirements are applicable, the more restrictive control. The department shall, after receipt of a request from a responsible party, provide a letter that indicates which regulatory program or programs the department considers to be applicable to the site or facility.

NR 708.02 NoteNote: Sites, facilities or portions of a site or facility that are subject to regulation under s. 292.11 or 292.31, Stats., may also be subject to regulation under the solid waste statutes in ch. 289, Stats., or the hazardous waste management act, ch. 291, Stats., and the administrative rules adopted pursuant to those statutes. One portion of a site or facility may be regulated under a different statutory authority than other portions of that site or facility.

NR 708.02 HistoryHistory: Cr. Register, April, 1994, No. 460, eff. 5-1-94; cr. (2m), Register, February, 1996, No. 482, eff. 3-1-96; CR 12-023: am. (1), cr. (2r) Register October 2013 No. 694, eff. 11-1-13.

NR 708.03(1)(1) “Economic development corporation” has the meaning described in s. 501 (c) of the Internal Revenue Code, as defined in s. 71.22 (4), Stats., that is exempt from federal taxation under section 501 (a) of the Internal Revenue Code, or an entity wholly owned and operated by such a corporation, with respect to property acquired to further the economic development purposes that exempt the corporation from federal taxation.