Register November 2013 No. 695
Chapter NR 700
GENERAL REQUIREMENTS
NR 700.01   Purpose.
NR 700.02   Applicability.
NR 700.03   Definitions.
NR 700.05   Confidentiality of information.
NR 700.07   Incorporation by reference.
NR 700.08   Superfund site assessment.
NR 700.10   Identification of responsible parties.
NR 700.11   Submittals.
NR 700.13   Sample preservation and analysis.
Ch. NR 700 Note Note: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1997, No. 494.
NR 700.01 NR 700.01 Purpose.
NR 700.01(1)(1) The purpose of this chapter is to provide definitions of terms used in chs. NR 700 to 754, to incorporate by reference specified regulations or materials, and to grant confidential status for records, reports and other information furnished to or obtained by the department for use in the administration of chs. NR 700 to 754.
NR 700.01(2) (2) The purpose of chs. NR 700 to 754 is to establish consistent, uniform standards and procedures that allow for site-specific flexibility, pertaining to the identification, investigation and remediation of sites and facilities which are subject to regulation under chs. 289 and 292, Stats. The department intends that responsible parties and other interested persons should be able to efficiently move through the process set forth in chs. NR 700 to 754 with minimal department oversight, except where the department has specified that more in-depth oversight is needed such as under s. 292.15 or s. 292.65, Stats., or through an enforceable order or agreement. These rules are adopted pursuant to ch. 160, Stats., ss. 227.11 (2), 281.19 (1), 287.03 (1) (a), 289.05 (1), 289.06, 289.31 (7), 289.43 (8), 291.05 (6), Stats., and ch. 292, Stats.
NR 700.01 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; am. Register, February, 1996, No. 482, eff. 3-1-96; CR 12-023: am. (1), (2) Register October 2013 No. 694, eff. 11-1-13.
NR 700.02 NR 700.02 Applicability.
NR 700.02(1)(1) This chapter and chs. NR 702, 704, and 708 to 754 apply to actions taken by the department under the authority of chs. 289 and 292, Stats.
NR 700.02(2) (2) This chapter and chs. NR 706 to 754 apply to actions taken by responsible parties at sites, facilities or portions of a site or facility that are subject to regulation under chs. 289 and 292, Stats., regardless of whether there is direct involvement or oversight by the department.
NR 700.02 Note Note: The department of agriculture, trade and consumer protection has the authority under s. 94.73, Stats., to issue corrective action orders to parties who are responsible for the discharge of an agricultural chemical, to require that the responsible parties take action that is necessary to restore the environment to the extent practicable and to minimize the harmful effects of the discharge to the air, lands or waters of this state. The department of agriculture, trade and consumer protection has confirmed their intention to require that this chapter and chs. NR 708 to 727 and 749 be applied to actions taken by responsible parties as directed by the department of agriculture, trade and consumer protection under s. 94.73, Stats. For actions directed by the department of agriculture, trade and consumer protection under s. 94.73, Stats., submittals under chs. NR 708 to 727 and 749 shall be sent to the department of agriculture, trade and consumer protection, and approvals required by these chapters shall be obtained from the department of agriculture, trade and consumer protection.
NR 700.02 Note Note: Persons who are not responsible parties and who voluntarily take a response action at a site or facility that is subject to regulation under ch. 289, Stats., or s. 292.31 or 292.11, Stats., are not required to comply with the standards and procedures in chs. NR 700 to 754 unless the person is seeking the liability exemption under s. 292.15, Stats. However, the department may not consider case closure under ch. NR 726 for the site or facility until the applicable rules in chs. NR 700 to 754 have been complied with, and a person who did not originally fall within the definition of a responsible party may become a responsible party if the actions taken by that person cause or worsen the discharge of a hazardous substance or if the person takes possession or control of the site or facility.
NR 700.02 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.
NR 700.02(2m) (2m) This chapter and chs. NR 706 to 728, 750, and 754 apply to actions taken by persons who are seeking a liability exemption under s. 292.15, Stats.
NR 700.02(3m) (3m) 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 shall control. The department shall, after receipt of a written request and appropriate ch. NR 749 fee from a responsible party, provide a letter that indicates which regulatory program or programs the department considers to be applicable to a site or facility.
NR 700.02 Note Note: Sites or facilities or portions of a site or facility that are subject to regulation under ch. 292, Stats., may also be subject to regulation under other statutes, including the solid waste statutes in ch. 289, Stats., or the hazardous waste management act, ch. 291, Stats., and the administrative rules adopted pursuant to these statutes. In addition, federal laws such as CERCLA, RCRA, or TSCA may also apply to a site or facility or portions of a site or facility. One portion of a site or facility may be regulated under a different statutory authority than other portions of that site or facility.
NR 700.02 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; renum. (3) and (4) to be (5) and (6), cr. (3), Register, March, 1995, No. 471, eff. 4-1-95; cr. (4), Register, April, 1995, No. 472, eff. 5-1-95; am. (1), (3) (intro.), (a) and (b), (4), (5), cr. (2m), (3) (d), (4) (b), (5) (b), Register, February, 1996, No. 482, eff. 3-1-96; am. (2), Register, February, 1997, No. 494, eff. 3-1-97; correction in (3) (a) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 2001, No. 541; correction in (3) (b) made under s. 13.93 (2m) (b) 7., Stats., Register September 2007 No. 621; CR 12-023: am. (1), (2), (2m), r. (3) to (5), renum. (6) to (3m) and am. Register October 2013 No. 694, eff. 11-1-13.
NR 700.03 NR 700.03 Definitions. The following definitions apply to chs. NR 700 to 754:
NR 700.03(1e) (1e) "Agency with administrative authority" or "agency" has the meaning specified in s. 292.12 (1) (a), Stats.
NR 700.03 Note Note: Section 292.12 (1) (a), Stats., reads: "Agency with administrative authority" means the department of agriculture, trade and consumer protection with respect to a site over which it has jurisdiction under s. 94.73 (2) or the department of natural resources with respect to a site over which it has jurisdiction under s. 292.11 (7).
NR 700.03(1m) (1m) "Approve" or "approval" means a written acceptance by the department of a plan, report or other document that has been submitted to the department for review.
NR 700.03(1s) (1s) "Attenuation factor" means the ratio of the indoor air concentration arising from vapor intrusion to the subsurface vapor concentration at a point or depth of interest in the vapor intrusion pathway.
NR 700.03 Note Note: Under ch. NR 720, the department allows the use of default attenuation factors from US EPA guidance, or the responsible party may collect enough information to develop a site-specific attenuation factor.
NR 700.03(2) (2) "Background soil quality" means:
NR 700.03(2)(a) (a) Soil quality that is attributable to the parent material from which the soil was derived and the natural processes which produce soil, or from contamination attributable to atmospheric deposition including the following constituents; lead, polynuclear aromatic hydrocarbons, or polychlorinated biphenyls, but not attributable to hazardous substance discharges or the discharge of pollutants, as that phrase is defined in s. 283.01, Stats.
NR 700.03(2)(b) (b) Soil quality that is found at or within reasonable proximity to the site or facility, at a depth comparable to that of the area to be remediated, in the same soil layer and in an area unaffected by hazardous substances discharges or the discharge of pollutants.
NR 700.03(3) (3) "Business days" means Monday through Friday excluding the holidays listed in s. 230.35 (4) (a), Stats.
NR 700.03(3m) (3m) "Case closure" has the meaning specified in s. 292.12 (1) (b), Stats.
NR 700.03 Note Note: Under s. 292.12(1)(b), Stats., "case closure" means "a determination by the agency with administrative authority, based on information available at the time of the review by the agency with administrative authority, that no further remedial action is necessary at a site."
NR 700.03(4) (4) "CERCLA" means the federal comprehensive environmental response, compensation and liability act (CERCLA), 42 USC 9601 to 9675.
NR 700.03(4m) (4m) "CERCLIS" means the comprehensive environmental response, compensation and liability information system, as compiled by the U.S. EPA.
NR 700.03 Note Note: The federal CERCLIS list is available from the U. S. EPA, by writing to: WI Freedom of Information Act Officer, U.S. EPA Region V, 77 W. Jackson Blvd, Chicago, IL 60604.
NR 700.03(5) (5) "CFR" means the code of federal regulations.
NR 700.03(6) (6) "Consultant" means a person or business under contract to perform a response action taken under, or subject to regulation under, chs. NR 702 to 754.
NR 700.03(6m) (6m) "Contaminated site boundary" or "contaminated site boundaries" means any area within which a hazardous substance has been discharged such that the air, land, or waters have been affected by a discharge or where environmental pollution exists.
NR 700.03 Note Note: Both the source property and other properties affected by the discharge may be included within the "contaminated site boundary." Sub. (59m) defines "source property" as "the property on which the hazardous substance discharge which is under investigation or cleanup, originally occurred." Other properties may be affected by migration of the hazardous substance through soil or groundwater.
NR 700.03(7) (7) "Contamination" or "contaminated" means:
NR 700.03(7)(a) (a) Where the air, land or waters of the state have been affected by the discharge of a hazardous substance; or
NR 700.03(7)(b) (b) Where environmental pollution exists.
NR 700.03(8) (8) "Contingency plan" means a document setting out an organized, planned and coordinated course of action to be followed in the event of a hazardous substance discharge or imminent threat of a hazardous substance discharge.
NR 700.03(9) (9) "Day" means calendar day, except where the phrase "business day" is used.
NR 700.03(10) (10) "Debris" means material resulting from the construction, demolition or razing of buildings, roads and other structures and materials that have been discarded at a site or facility.
NR 700.03(11) (11) "Department" means the department of natural resources.
NR 700.03(11m) (11m) "Department database" means the publicly accessible database available on the internet as required by ss. 292.12, 292.31, and 292.57, Stats.
NR 700.03 Note Note: The Remediation and Redevelopment Program maintains a database called the "Bureau for Remediation and Redevelopment Tracking System" or "BRRTS". The program also maintains an internet accessible version of this database, called "BRRTS on the Web", or "BOTW". "BOTW" includes information on properties where a hazardous substance discharge has or may have taken place. The program also maintains a web-based mapping system called "Remediation and Redevelopment Sites Map" or "RRSM", that allows users to view information from the BRRTS database using a geographic information system (GIS) application. Both these applications may be found at http://dnr.wi.gov/topic/Brownfields/clean.html.
NR 700.03(12) (12) "Department-funded response action" means a response action undertaken by the department using the authority of s. 292.11, 292.31 or 292.41, Stats., which is funded in whole or in part by appropriations in s. 20.370 (2) or 20.866 (2), Stats.
NR 700.03(13) (13) "Discharge" has the meaning specified in s. 292.01 (3), Stats.
NR 700.03 Note Note: Under s. 292.01 (3), Stats., "discharge" means, but is not limited to, "spilling, leaking, pumping, pouring, emitting, emptying or dumping."
NR 700.03(14) (14) "Dispose" or "disposal" means the discharge, deposit, injection, dumping, spilling, leaking or placing of any solid or hazardous waste into or on any land or water in a manner which may permit the waste to be emitted into the air, to be discharged into any waters of the state or otherwise to enter the environment.
NR 700.03(15) (15) "Emergency" means a situation which requires an immediate response to address an imminent threat to public health, safety, or welfare or the environment.
NR 700.03(16) (16) "Enforcement standard" has the meaning specified in s. NR 140.05 (7).
NR 700.03 Note Note: Section NR 140.05 (7) defines "enforcement standard" to mean "a numerical value expressing the concentration of a substance in groundwater which is adopted under s. 160.07, Stats., and s. NR 140.10 or s. 160.09, Stats., and s. NR 140.12."
NR 700.03(17) (17) "Engineering control" has the meaning specified in s. 292.12 (1) (c), Stats.
NR 700.03 Note Note: Under s. 292.12 (1) (c), Stats., "engineering control" means "an action designed and implemented to contain contamination or to minimize the spread of contamination, including a cap or soil cover."
NR 700.03(18) (18) "Environment" means any plant, animal, natural resource, surface water (including underlying sediments and wetlands), groundwater, drinking water supply, land surface and subsurface strata, and ambient air within the state of Wisconsin or under the jurisdiction of the state of Wisconsin.
NR 700.03(19) (19) "Environmental pollution" has the meaning specified in s. 291.01 (4), Stats.
NR 700.03 Note Note: Section 291.01 (4), Stats., defines "environmental pollution" to mean "the contamination or rendering unclean or impure the air, land or waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life."
NR 700.03(20) (20) "Environmental standards" mean those cleanup standards, performance standards, standards of control and other substantive and procedural requirements, criteria or limitations promulgated as a regulation or rule under or pursuant to federal environmental or state environmental or facility citing laws that specifically address a hazardous substance, pollutant, remedial action, location or other circumstances found at a site or facility.
NR 700.03(21) (21) "Facility" means "approved facility" as defined in s. 289.01 (3), Stats.,"approved mining facility" as defined in s. 289.01 (4), Stats., and "nonapproved facility" as defined in s. 289.01 (24), Stats.
NR 700.03 Note Note: Under s. 289.01 (3), Stats., "approved facility" means "a solid or hazardous waste disposal facility with an approved plan of operation under s. 289.30 or a solid waste disposal facility initially licensed within 3 years prior to May 21, 1978, whose owner successfully applies, within 2 years after May 21, 1978, for a determination by the department that the facility's design and plan of operation comply substantially with the requirements necessary for plan approval under s. 289.30." "Approved mining facility" means "an approved facility which is part of a mining site, as defined under s. 293.01 (12), used for the disposal of solid waste resulting from mining, as defined under s. 293.01 (9), or prospecting, as defined under s. 293.01 (18)." "Nonapproved facility" means "a licensed solid or hazardous waste disposal facility which is not an approved facility."
NR 700.03(22) (22) "Free product" means a discharged hazardous substance or environmental pollution that is present in the environment as a floating or sinking non-aqueous phase liquid.
NR 700.03(23) (23) "Groundwater" has the meaning specified in s. 160.01 (4), Stats.
NR 700.03 Note Note: Section 160.01 (4), Stats., defines "groundwater" to mean "any waters of the state, as defined in s. 281.01 (18), Stats., occurring in a saturated subsurface geological formation of rock or soil." See "waters of the state" definition in sub. (67).
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