NR 700.03 Note
Note: The food chain pathway for cadmium, for example, refers to cadmium being taken up in plant tissue and the plant tissue being ingested by an organism.
NR 700.03 Note
Note: Section
299.01 (10), Stats., defines "person" to mean "an individual, owner, operator, corporation, partnership, association, municipality, interstate agency, state agency or federal agency."
NR 700.03 Note
Note: Section
NR 140.05 (15) defines "point of standards application" to mean "the specific location, depth or distance from a facility, activity or practice at which the concentration of a substance in groundwater is measured for purposes of determining whether a preventive action limit or an enforcement standard has been attained or exceeded."
NR 700.03(45)
(45) "Practicable" means capable of being implemented, taking into account:
NR 700.03(45)(a)
(a) The technical feasibility of a remedial action option, considering its long-term effectiveness, short-term effectiveness, implementability and the time it will take until restoration is achieved; and
NR 700.03(45)(b)
(b) The economic feasibility of a remedial action option, considering the cost of the remedial action option compared to its technical feasibility.
NR 700.03(45m)
(45m) ``Property boundary'' means the boundary of the total contiguous parcel of land owned or leased by a common owner or lessor, regardless of whether public or private roads run through the parcel.
NR 700.03 Note
Note: Section
NR 140.05 (17) defines "preventive action limit" to mean "a numerical value expressing the concentration of a substance in groundwater which is adopted under s.
160.15, Stats., and s.
NR 140.10,
140.12 or
140.20."
NR 700.03(47)
(47) "Receptor" means environmental resources, including but not limited to, plant and animal species and humans, sensitive environments and habitats, water supply wells, and buildings or locations that have the potential to be, or have actually been, exposed to contamination.
NR 700.03(48)
(48) "Remedial action" means those response actions, other than immediate or interim actions, taken to control, minimize, restore or eliminate the discharge of hazardous substances or environmental pollution so that the hazardous substances or environmental pollution do not present an actual or potential threat to public health, safety or welfare or the environment. The term includes actions designed to prevent, minimize, stabilize or eliminate the threat of discharged hazardous substances, and actions to restore the environment to the extent practicable and meet all applicable environmental standards. Examples include storage, disposal, containment, treatment, recycling or reuse, and any monitoring required to assure that such actions protect public health, safety and welfare and the environment.
NR 700.03(49)
(49) "Remedial action options report" means a report which identifies and evaluates various remedial action options with the goal of selecting an option in compliance with the requirements of
s. NR 722.11.
NR 700.03(50)
(50) "Response" or "response action" means any action taken to respond to a hazardous substance discharge or to environmental pollution, including emergency and non-emergency immediate actions, investigations, interim actions and remedial actions.
NR 700.03(51)
(51) "Responsible party" means any person who is required to conduct a response action or is liable to reimburse the department for the costs incurred by the department to take response action under s.
292.11,
292.31 or
292.41, Stats.
NR 700.03(52)
(52) "Restore" or "restoration" means those actions necessary to return the environment to its original condition before the hazardous substance discharge or environmental pollution occurred. Such actions may include, but are not limited to, the replacement or removal of injured plant and animal life and treatment of contaminated soils.
NR 700.03 Note
Note: This definition was formerly found in s. NR 158.04 (5).
NR 700.03(53)
(53) "Risk assessment" means a site-specific characterization of the current or potential threats that may be posed to public health, safety and welfare and the environment by contamination migrating to or in groundwater or surface water, discharging to the air, leaching through or remaining in soil, bioaccumulating in the food chain, or other exposure pathways.
NR 700.03(54)
(54) "Sediment" means particles in surface waters or wetlands that are derived from the erosion of rock, minerals, soils and biological materials, as well as chemical precipitation from the water column. Sediment particles are transported by, suspended in or deposited by water.
NR 700.03(55)
(55) "Sensitive environment" means an area of exceptional environmental value, where a discharge could pose a greater threat than a discharge to other areas, including but not limited to: wetlands; habitat used by state or federally designated endangered or threatened species; national or state fish and wildlife refuges and fish and wildlife management areas; state and federal designated wild and scenic rivers, designated state riverways and state designated scenic urban waterways; riparian areas; rookeries; cold water communities as defined in
s. NR 102.04 (3) (b), Lakes Superior and Michigan and the Mississippi river, environmentally sensitive areas and environmental corridors identified in area-wide water quality management plans, special area management plans, special wetland inventory studies, advanced delineation and identification studies and areas designated by the U.S. EPA under section 404 (c)
33 USC 1344 (c); calcareous fens; state forests, parks, trails and recreational areas; state and federal designated wilderness areas; designated or dedicated state natural areas established under ss.
23.27 to
23.29, Stats.; wild rice waters as listed in
s. NR 19.09; and any other waters identified as outstanding or exceptional resource waters in
ch. NR 102.
NR 700.03 Note
Note: Section
292.01 (21), Stats., defines "waste site" to mean "any site, other than an approved facility, an approved mining facility or a nonapproved facility, where waste is disposed of regardless of when disposal occurred or where a hazardous substance is discharged before May 21, 1978."
NR 700.03(57)
(57) "Site investigation" means an investigation undertaken in conformance with
ch. NR 716.
NR 700.03(58)
(58) "Soil" means unsaturated organic material, derived from vegetation and unsaturated, loose, incoherent rock material, of any origin, that rests on bedrock other than foundry sand, debris and any industrial waste.
NR 700.03 Note
Note: Section
289.01 (33), Stats., defines "solid waste" to mean "any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under ch.
283, or source [material, as defined in s.
254.31 (10)], special nuclear [material, as defined in s.
254.31 (11),] or by-product material, as defined [in]
s. 140.52 [s.
254.31 (1)]." The material in brackets is effective 1-1-97.
NR 700.03(60)
(60) "Submittal" means any document, report, plan, set of specifications, engineering design or scientific evaluation of site data that is prepared to satisfy the requirements of
chs. NR 702 to
750.
NR 700.03 Note
Note: "Surface water" means "all natural and artificial, named and unnamed lakes and all naturally flowing streams within the boundaries of the state, but not including cooling lakes, farm ponds and facilities constructed for the treatment of wastewaters."
NR 700.03(62)
(62) "Superfund" means the federal environmental cleanup fund and program created by CERCLA.
NR 700.03(63)
(63) "Treatment" means any method, technique or process, including thermal destruction, which changes the physical, chemical or biological character or composition of a hazardous substance or environmental pollution so as to render the contamination less hazardous.
NR 700.03(64)
(64) "Treatability study" means the testing and documentation activities to evaluate the effectiveness of an interim or remedial action prior to full scale design and implementation. Treatability study includes, but is not limited to, bench scale studies and pilot scale studies.
NR 700.03 Note
Note: Treatability studies provide additional data for the detailed analysis of treatment alternatives and the engineering design of remedial alternatives under ch.
NR 724.
NR 700.03(65)
(65) "U.S. EPA" or "EPA" means the United States environmental protection agency.
NR 700.03(66)
(66) "Underground storage tank" or "UST" means any one or a combination of tanks, including connected pipes, that is used to contain an accumulation of hazardous substances, and the volume of which, including the volume of connected underground pipes, is 10 percent or more beneath the surface of the ground. The term does not include any of the following or pipes connected to any of the following:
NR 700.03(66)(b)
(b) Pipeline facilities, including gathering lines, regulated under:
NR 700.03(66)(b)1.
1. The Natural Gas Pipeline Safety Act of 1968 (49 USC App. 1671, et seq.).
NR 700.03(66)(b)2.
2. The Hazardous Liquid Pipeline Safety Act of 1979 (49 USC App. 2001, et seq.).
NR 700.03(66)(b)3.
3. State laws comparable to the provisions of the law referred to in
subd. 1. or
2. for intrastate pipeline facilities.
NR 700.03(66)(f)
(f) Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations.
NR 700.03(66)(g)
(g) Storage tanks situated in an underground area, such as, but not limited to, a basement, cellar, mineworking, drift, shaft or tunnel, if the storage tank is situated upon or above the surface of the floor.
NR 700.03 Note
Note: This definition of "underground storage tank" is based on the definition found in s. Comm 10.01 (98), Register February 2008. [Repealed and recreated as s. Comm 10.050 (122) and renumbered to s. SPS 310.050 (122)].
NR 700.03(66m)
(66m) "Utility corridor" means any utility line that runs underground and any backfilled trench that was constructed to install a water main or lateral, a sewer main or lateral or other utility line.
NR 700.03 Note
Note: Section
281.01 (18), Stats., defines "waters of the state" to include "those portions of Lake Michigan and Lake Superior within the boundaries of Wisconsin, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within the state or its jurisdiction."
NR 700.03 Note
Note: Section
23.32, Stats., defines "wetland" to mean "those areas where water is at, near or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation, and which have soils indicative of wet conditions."
NR 700.03(69)
(69) "Work plan" means a plan which outlines the intended scope of a response action, or any phase of a response action, including but not limited to intended methods, procedures and techniques to be used during the response action.
NR 700.03 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; cr. (42m),
Register, March, 1995, No. 471, eff. 4-1-95; am. (49),
Register, April, 1995, No. 472, eff. 5-1-95; am. (intro.),
Register, October, 1995, No. 478, eff. 11-1-95; am (intro.), (60),
Register, February, 1996, No. 482, eff. 3-1-96; cr. (38m) and (45m),
Register, October, 1996, No. 490, eff. 11-1-96; emerg. cr. (66m), eff. 5-18-00; cr. (66m),
Register, January, 2001, No. 541, eff. 2-1-01;
CR 01-129: cr. (28m),
Register July 2002 No. 559, eff. 8-1-02.
NR 700.05
NR 700.05
Confidentiality of information. NR 700.05(1)
(1) Except as provided under
sub. (2), any record, report or other information furnished to, or obtained by, the department in the administration of
chs. NR 700 to
750 is a public record subject to the provisions of ss.
19.21,
19.31 to
19.39, Stats., and
s. NR 2.195.
NR 700.05(2)
(2) If confidential status is sought for any record, report or other information furnished to or obtained by the department under
chs. NR 700 to
750, the standards and procedures in
s. NR 2.19 are applicable to all sites and facilities, and the standards and procedures in s.
289.09 (2), Stats., are applicable to the owners and operators of solid waste facilities.
NR 700.05 Note
Note: Under s.
NR 2.19, the department may grant confidential status if: (1) the standards for granting confidential status found in s.
289.09 or
291.15, Stats., are met; (2) confidential treatment is in the public interest using the balancing test in State ex rel. Youmanns v. Owens,
28 Wis. 2d 672 (1965); or (3) a specific statutory or common law right to confidential treatment is applicable.
NR 700.05(3)
(3) Records, reports and other information for which the department has granted confidential status may be:
NR 700.05(3)(a)
(a) Used by the department in compiling or publishing analyses or summaries relating to the general condition of the environment if the analyses or summaries do not identify a specific person or responsible party and the analyses or summaries do not reveal records or other information granted confidential status;
NR 700.05(3)(b)
(b) Released by the department to the U.S. EPA or its authorized representative, if the U.S. EPA or its authorized representative agrees to protect the confidentiality of the records, reports or other information;
NR 700.05(3)(c)
(c) Released for general distribution if the person who provided the information to the department expressly agrees to the release; and
NR 700.05(3)(d)
(d) Released on a limited basis if the department is directed to take this action by a judge or administrative law judge under an order which protects the confidentiality of the record, report or other information.
NR 700.05 Note
Note: Sections
292.11 (8),
292.31 (1) (d) and
(3) (e), and
292.41 (5), Stats., provide the department with authority to gain access to property for the purpose of conducting response actions, and access to records relating to abandoned containers, discharged hazardous substances and solid waste disposed of at a site or facility.
NR 700.05 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; am. (1), (2),
Register, February, 1996, No. 482, eff. 3-1-96.
NR 700.07
NR 700.07
Incorporation by reference. The material listed in this section is incorporated by reference at the paragraph noted: "SW-846, Test Methods for Evaluating Solid Waste", by the U.S. Environmental Protection Agency, Office of Solid Waste, loose-leaf manual, dated November 1986, as amended by December 1987 update and November 1990 update II, referenced in
s. NR 716.13 (3).
NR 700.07 Note
Note: These materials are available for inspection in the offices of the department of natural resources, 101 S. Webster Street, Madison, Wisconsin or may be purchased for personal use from:
National Technical Information Service
U.S. Department of Commerce
Springfield, VA 22161
NR 700.07 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94.
NR 700.09
NR 700.09
Site or facility classification. NR 700.09(1)
(1)
Simple sites. If a site or facility meets all of the following criteria, the site or facility may be classified as simple and responsible parties may use the simple site process in
s. NR 700.11 (1) for that site or facility:
NR 700.09(1)(a)
(a) All the contaminants of concern present at the site or facility are listed in Table 1 or Table 2 in
ch. NR 720, unless gasoline range organics or diesel range organics, or both are the only other contaminants of concern;
NR 700.09 Note
Note: For example, if polynuclear aromatic hydrocarbon (PAH) compounds are present, they would be considered contaminants of concern. With the exception of naphthalene, PAH compounds are generally only of concern for direct contact due to their relatively low migration potential. PAH compounds include, but are not limited to: acenaphthene, acenaphthylene, anthracene, benzo(a)anthracene, benzo(a)pyrene, benzo(b)fluoranthene, benzo(ghi)perylene, benzo(k)fluoranthene, chrysene, dibenzo(a,h)anthracene, fluoranthene, fluorene, indeno(1,2,3-cd)pyrene, 1-methyl naphthalene, 2-methyl naphthalene, naphthalene, phenanthrene and pyrene.
NR 700.09(1)(b)
(b) No residual soil contamination at the site or facility will adversely affect surface water;
NR 700.09(1)(c)
(c) No residual soil contamination at the site or facility will adversely affect a sensitive environment; and
NR 700.09(1)(d)
(d) No residual soil contamination at the site or facility will concentrate through plant uptake.
NR 700.09(2)
(2) Complex sites. If any of the criteria for simple sites in
sub. (1) are not met, or if the responsible party decides to follow the complex site process, the site or facility shall be classified as complex and responsible parties shall use the complex site process in
s. NR 700.11 (2) for that site or facility.
NR 700.09 Note
Note: The use of the procedures in s.
NR 700.11 (3) may be used to respond to environmental contamination even when the site or facility meets the criteria for a simple site.
NR 700.09 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; r. and recr.
Register, April, 1995, No. 472, eff. 5-1-95.
NR 700.11(1)(1)
Simple site process. If the site or facility meets the criteria specified in
s. NR 700.09 (1) and the responsible party chooses to proceed with the simple site process, all of the following shall apply:
NR 700.11(1)(a)
(a) Responsible parties shall submit site progress reports that summarize the completed work and additional work planned to adequately complete the response action at the site or facility to the department at 6 month intervals until a letter of compliance is submitted as required by
par. (b). The first site progress report shall be submitted to the department no later than 6 months after the responsible party notifies the department of the discharge in accordance with
s. NR 158.06 or 705.05.
NR 700.11 Note
Note: Chs. NR 158 and 705 were repealed eff. 3-1-97. See ch. NR 706 for replacement rules.
NR 700.11 Note
Note: Approvals, permits or licenses required by department rules other than ch.
NR 700 to
799
are still required when using the simple site process.
NR 700.11(1)(b)
(b) Responsible parties shall submit a final report for the response action at the site or facility which includes the information required by
chs. NR 700 to
746, as applicable, and a letter of compliance documenting that the response action has complied with the requirements of
chs. NR 700 to
746, as applicable, and any other applicable environmental regulations, so that no further action is necessary for the site or facility.
NR 700.11 Note
Note: Other applicable environmental regulations include, but are not limited to regaining and maintaining the preventive action limits (PALs) in ch.
NR 140 for groundwater.
NR 700.11(1)(c)
(c) Except as provided in
par. (f) and
sub. (3), the department may not approve or disapprove of submittals for simple sites. However, the department may review site progress reports and other submittals for simple sites in order to determine whether or not the department should take enforcement action against the parties who are responsible for a site or facility.
