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 NR 158 and 705 were repealed eff. 3-1-97.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.
NR 700.11 Note
Note: The department's enforcement authorities are set forth in ch.
NR 728.
NR 700.11(1)(d)
(d) The department shall provide written acknowledgement of receipt of the letter of compliance and final report within 30 days and shall file these materials in the public record file.
NR 700.11(1)(e)
(e) Notwithstanding
par. (c), the department may audit files for sites or facilities on an ad hoc basis. Based on the findings of an audit, the department may:
NR 700.11(1)(e)1.
1. Concur with the final report and letter of compliance and require no further action.
NR 700.11(1)(e)2.
2. Determine that the final report or letter of compliance are not complete and require the responsible party to submit additional information.
NR 700.11(1)(e)3.
3. Determine that the response action was inadequate and require the responsible party to take additional response actions as necessary.
NR 700.11 Note
Note: The department will generally only audit cases within 3 years of submittal of the final report and letter of compliance.
NR 700.11(1)(f)
(f) Responsible parties shall submit a remedial action options report that complies with the requirements of
s. NR 722.13 for department approval, prior to implementing a selected remedy, if the selected remedy includes landfill disposal of more than 2000 cubic yards of untreated contaminated unconsolidated material.
NR 700.11(2)
(2) Complex site process. Except as provided in
sub. (3), if a site or facility is classified as complex under
s. NR 700.09 (2) or if the responsible party chooses to proceed with the complex site process, all of the following shall apply:
NR 700.11(2)(a)
(a) Responsible parties shall comply with
sub. (1) (b), unless otherwise directed by the department.
NR 700.11(2)(b)
(b) Responsible parties shall submit a site investigation report, pursuant to
ch. NR 716 within 30 days after completion of the report unless the site is exempt from this requirement under
par. (e), and a draft remedial options report meeting the requirements of
ch. NR 722 within 30 days after completion of the report unless the site is exempt from this requirement under
par. (f).
NR 700.11(2)(c)
(c) The department shall provide written acknowledgement of receipt of the site investigation report and draft remedial options report within 30 days and specify the estimated date for completion of department review.
NR 700.11(2)(d)
(d) The department may audit submittals for complex sites in accordance with
sub. (1) (e) where the determination has been made that limited department review will be provided to a complex site.
NR 700.11(2)(e)
(e) Responsible persons for sites where the only contamination is from the discharge of petroleum products from petroleum storage tanks are not required to submit a site investigation report within 30 days after completion of the report if the responsible person estimates that the cost of completing a site investigation, remedial action plan and remedial action will not exceed $60,000, and the agency with administrative authority over the site determines that competitive public bidding is not required under s.
101.143 (3) (cp) 1., Stats. For these sites, site investigation data are required to be submitted with the site closure request.
NR 700.11(2)(f)
(f) Responsible persons for sites where the only contamination is from the discharge of petroleum products from petroleum storage tanks are not required to submit a remedial action options report unless the agency with administrative authority over the site under
ch. NR 746 requests a remedial action options report.
NR 700.11(3)
(3) Additional submittals or more extensive review. The department may require additional submittals or more extensive department review than is provided for in
sub. (1) or
(2) in the following circumstances:
NR 700.11(3)(a)
(a) Where the owners or operators of a site or facility are eligible for reimbursement under s.
101.143, Stats.
NR 700.11 Note
Note: Section
101.143, Stats., is the petroleum storage remedial action statute, under which the department of industry, labor and human relations administers the petroleum environmental cleanup fund act, known as PECFA. Section
NR 700.11 (3) (a) applies to the owners or operators of sites who are eligible under the PECFA program to receive reimbursement for response actions from the PECFA. Department of natural resources' review and approval is required for these sites by ch.
SPS 347, DNR review of PECFA-eligible sites will be more frequent than that described in the simple site review process under s.
NR 700.11 (1).
NR 700.11(3)(b)
(b) Where an application is submitted to the department by a person seeking a liability exemption under s.
292.15, Stats.
NR 700.11 Note
Note: Section
292.15, Stats., applies to persons acquiring contaminated property. Department review of submittals is required by s.
292.15, Stats., to be more frequent than that described in the simple site review process under s.
NR 700.11 (1) to determine if a thorough investigation of the property has been conducted and the environment has been satisfactorily restored and the harmful effects from any release of a hazardous substance has been minimized.
NR 700.11(3)(c)
(c) Where environmental standards are not achieved and additional response action is needed before a no-further-action determination is appropriate.
NR 700.11 Note
Note: Groundwater contaminated at levels attaining or exceeding a Preventive Action Limit (PAL) in ch.
NR 140 is an example of where environmental standards have not been achieved and additional response action is needed. If no additional remedial action is practicable at the site or facility, then a site or facility specific exemption must be issued in accordance with s.
NR 140.28 (3). In either case, department review will be required more frequently than that described in the simple site review process under s.
NR 700.11 (1).
NR 700.11(3)(d)
(d) Where information is available that would affect the site or facility classification, relative priority, eligibility under s.
101.143, Stats., or the availability of department staff to serve as project managers, the department may change the required level of department review and oversight for a site or facility or take enforcement action under
ch. NR 728.
NR 700.11(4)
(4) Due dates. A submittal shall be considered to be filed in a timely manner if it is mailed or delivered to the department on the due date. If the last day of a specified time period falls on a Saturday, Sunday or holiday listed in s.
230.35 (4) (a), Stats., the submittal may be mailed or delivered to the department on the next business day.
NR 700.11 Note
Note: The holidays listed in s.
230.35 (4) (a), Stats., are: January 1; the 3rd Monday in January; the last Monday in May; July 4; the first Monday in September; the 4th Thursday in November; December 24; December 25; December 31; and the day following January 1, July 4 or December 25 if those holidays fall on a Sunday.
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.
NR 700.13
NR 700.13
Sample preservation and analysis. NR 700.13(1)(1)
Petroleum products. Soil or groundwater analyses for gasoline range organics or diesel range organics conducted for compliance with
chs. NR 700 to
736 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", as specified in
s. NR 149.03 (5).
NR 700.13(2)(a)(a) Soil samples collected for analysis of volatile organic compounds for compliance with
chs. NR 700 to
736 shall be preserved in methanol immediately after collection unless the samples are stored in a device which insures sample integrity. Samples stored in a suitable device, including brass tubes and EnCoreTM samplers, shall be preserved in methanol according to
sub. (3). The department may approve alternate storage devices on a case-by-case basis prior to use in the field. Samples shall be preserved and handled as specified in section 8 and Table 1 of the "Modified GRO, Method for Determining Gasoline Range Organics".
NR 700.13(2)(b)
(b) Methanol-preserved soil samples shall be extracted in the vial by shaking for 2 minutes and sonicating in an ultrasonic water bath for 20 minutes. After sonication, an aliquot not larger than 100 microliters shall be removed and introduced into a purge and trap system as in par. 7.3.3.2.4 of method 5030A in "Test Methods for Evaluating Solid Waste (SW-846)".
NR 700.13(2)(c)
(c) Methanol-preserved soil samples shall be analyzed by gas chromatography or gas chromatography/mass spectrometry using capillary columns. Suitable analytical methods are found in SW-846.
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.
