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 754, 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; CR 12-023: am. (1), (2) Register October 2013 No. 694, eff. 11-1-13.
NR 700.07 NR 700.07Incorporation 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, “The Third Edition of SW 846, as amended by Final Updates I, II, IIA, IIB, III, IIIA, IIIB and IV", referenced in s. NR 716.13 (12).
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 accessed at the following web site: http://www.epa.gov/epaoswer/hazwaste/test/main.htm 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; CR 12-023: am. Register October 2013 No. 694, eff. 11-1-13.
NR 700.08 NR 700.08Superfund site assessment. A site or facility may be evaluated by the department to determine eligibility for the federal superfund program, under CERCLA and the NCP. The department also may conduct federal site assessment activities, in cooperation with the U.S. EPA. Assessment activities may include, but are not limited to:
NR 700.08(1) (1)Identifying sites for addition to CERCLIS;
NR 700.08(2) (2)Reviewing files by department staff in the form of preliminary assessments;
NR 700.08(3) (3)Collecting data both on–and–off– site by conducting field sampling;
NR 700.08(4) (4)Preparing or reviewing federally prepared hazard ranking system scores, using the federal hazard ranking system; and
NR 700.08(5) (5)Nominating sites or facilities to the national priorities list.
NR 700.08 History History: CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13.
NR 700.10 NR 700.10Identification of responsible parties. The department may attempt to identify potentially responsible parties during any phase of response action by any of the following methods:
NR 700.10(1) (1)Interviewing local officials, neighboring residents, persons involved with the operations of the site or facility, and past and present site or facility owners or operators.
NR 700.10(2) (2)Reviewing operational records of the site or facility.
NR 700.10(3) (3)Reviewing department records.
NR 700.10(4) (4)Determining current and past ownership of the site or facility.
NR 700.10(5) (5)Collecting and analyzing samples.
NR 700.10(6) (6)Other appropriate means.
NR 700.10 History History: CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13.
NR 700.11 NR 700.11Submittals.
NR 700.11(1)(1)General. Unless otherwise directed by the department, responsible parties shall comply with the following:
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 case closure is granted by the department. 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 706.05. Progress reports shall be provided on a reporting form supplied by the department. The department may require progress reports be submitted at a different frequency than semi-annually.
NR 700.11 Note Note: Copies of site progress report forms may be obtained at: http://dnr.wi.gov/topic/Brownfields/Pubs.html.
NR 700.11(1)(bm) (bm) Unless otherwise directed by the department, responsible parties shall submit a site investigation work plan meeting the requirements of s. NR 716.09 to the department within 60 days of receiving notification that a site investigation is required.
NR 700.11(1)(cm) (cm) Responsible parties shall submit a site investigation report meeting the requirements of s. NR 716.15 to the department within 60 days after completion of the field investigation and receipt of the laboratory data.
NR 700.11(1)(dm) (dm) Responsible parties shall submit a remedial action options report meeting the requirements of s. NR 722.13 to the department within 60 days after submittal of the site investigation report.
NR 700.11(1)(em) (em) The department shall provide written acknowledgement of receipt of the reports listed in par. (bm) to (dm) within 30 days.
NR 700.11(3) (3)More extensive review. The department may perform more extensive review where an application is submitted to the department by a person seeking a liability exemption under s. 292.15, Stats., or where a person is participating in the dry cleaner environmental response program under s. 292.65, Stats.
NR 700.11 Note Note: Section 292.15, Stats., applies to persons who conduct remediation of contaminated property to obtain an exemption from liability.
NR 700.11(3g) (3g)Number of submittals. One paper copy and one electronic copy of each plan or report shall be submitted to the department, unless otherwise directed by the department. The electronic copy shall be submitted on optical disk media and may not be submitted as electronic mail attachments unless specifically approved in advance by the department. Electronic copy files shall have a minimum resolution of 300 dots per inch, and may not be locked or password protected. The department may request that the electronic copy of sampling results be submitted in a format that can be managed in software. An electronic copy of certain types of voluminous attachments or appendices may be substituted for the paper copy, if specifically approved in advance by the department. All documents shall be digital format versions rather than scanned versions except documents that are only available as scanned versions. Deeds and legal descriptions may be scanned versions. All information submitted shall be legible.
NR 700.11 Note Note: Guidance for GIS Registry submittals outlines how electronic copies should be submitted in the Adobe Portable Document Format (PDF) on optical disk media. This guidance can be accessed at http://dnr.wi.gov/files/PDF/pubs/rr/RR690.pdf.
NR 700.11 Note Note: The department strongly recommends the use of 2-sided copies for the paper copy of the report, and the use of accordion folders for larger reports instead of 3-ring binders, to help address file space issues.
NR 700.11 Note Note: An example of a voluminous attachment is a laboratory quality assurance and control report.
NR 700.11 Note Note: Examples of formats that can be managed in software are spreadsheets, plain text tabular files, hypertext markup language files (HTML) and extensible markup language files (XML).
NR 700.11 Note Note: The department intends to implement an electronic document management system in the future that may require the submittal of all plans or reports in electronic format that can be managed in software.
NR 700.11(3r) (3r)Technical assistance. When requesting technical assistance or liability clarification from the department, the request shall be submitted on a form supplied by the department.
NR 700.11 Note Note: The Technical Assistance and Environmental Liability Clarification Request form may be accessed at http://dnr.wi.gov/topic/Brownfields/Pubs.html. Other forms are used for the following requests: off-site liability exemption or liability clarification requests, lender liability exemption requests, exemption to develop on a historic fill site, closure requests, or operation and maintenance requests. These forms may be accessed at http://dnr.wi.gov/topic/Brownfields/Pubs.html.
NR 700.11 History History: Cr. Register, April, 1995, No. 472, eff. 5-1-95; am. (3) (b), Register, February, 1996, No. 482, eff. 3-1-96; emerg. am. (1) (b) and (2) (b), cr. (2) (e), eff. 5-18-00; am. (1) (b) and (2) (b), cr. (2) (e) and (f), Register, January, 2001, No. 541, eff. 2-1-01; correction in (2) (e) was made under s. 13.93 (2m) (b) 7., Stats., Register July 2002 No. 559; CR 12-023: r. and recr. (1) (title), (intro.), am. (1) (a), r. (1) (b) to (f), cr. (1) (bm) to (em), r. (2), am. (3) (title), renum. (3) (intro.) to (3), r. (3) (a) to (d), cr. (3g), (3r), r. (4) Register October 2013 No. 694, eff. 11-1-13.
NR 700.13 NR 700.13Sample preservation and analysis.
NR 700.13(1)(1)General requirements. All sampling, preservation, extraction, and analytical methods used for compliance with chs. NR 700 to 754 shall be according to the requirements in s. NR 716.13.
NR 700.13(1m) (1m)Use of gasoline range organics/diesel range organics analysis. Soil or groundwater analyses for gasoline range organics or diesel range organics conducted for screening purposes shall be completed in accordance with the “Modified GRO, Method for Determining Gasoline Range Organics" and the “Modified DRO, Method for Determining Diesel Range Organics." For purposes of this section, the term “screening purposes" means sampling conducted during site investigations, environmental assessments or other activities in compliance with chs. NR 700 to NR 754 for purposes of determining whether a discharge has occurred or to estimate the degree and extent of contamination.
NR 700.13 Note Note: The “Modified GRO, Method for Determining Gasoline Range Organics: (WI-PUBL-SW-141) and “Modified Diesel Range Organics" (WI-PUBL-SW-14) are available online at http://dnr.wi.gov/regulations/labcert/documents/methods/drosep95.pdf and http://dnr.wi.gov/regulations/labcert/documents/methods/grosep95.pdf. These methods are referenced in s. NR 149, Appendix III, List of Authoritative Sources.
NR 700.13 Note Note: The “Modified GRO, Method for Determining Gasoline Range Organics" (WI-PUBL-SW-141) and “Modified DRO, Method for Determining Diesel Range Organics" (WI-PUBL-SW-140) are available from the Department of Natural Resources, Emergency and Remedial Response Section, 101 S. Webster St., Madison, WI 53707.
NR 700.13 History History: Cr. Register, February, 1996, No. 482, eff. 3-1-96; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674; CR 12-023: am. (1), cr. (1m), r. (2), (3) Register October 2013 No. 694, eff. 11-1-13; correction in (1m) made under s. 13.92 (4) (b) 7., Stats., Register November 2013 No. 695.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.