Register February 2012 No. 674
Chapter NR 706
HAZARDOUS SUBSTANCE DISCHARGE NOTIFICATION
AND SOURCE CONFIRMATION REQUIREMENTS
Subchapter I — General Provisions
Subchapter II — General Discharge Notification Requirements
NR 706.05 Discharger responsibilities.
Subchapter III — Discharge Notification and Source Confirmation Requirements For Underground Storage Tank Systems
NR 706.11 Discharger responsibilities.
NR 706.13 Indication of a discharge from an UST discharge monitoring system.
NR 706.15 UST discharge source confirmation.
NR 706.17 Underground storage tank response action status report.
NR 706.01
NR 706.01
Purpose. The purpose of this chapter is to adopt by administrative rule notification requirements for discharges of hazardous substances. In order to retain authorization to implement the federal underground storage tank program in Wisconsin, subch.
III contains requirements that are mandated by U.S. EPA, that are only applicable to discharges from underground storage tanks. This chapter is adopted pursuant to ss.
227.11 (2) and
292.11, Stats.
NR 706.01 Note
Note: The following portions of
40 CFR part 280 have been included in the text of this chapter:
s. 280.34(a)(2); portions of s. 280.34(a)(3); s. 280.34(b)(5); s. 280.50(a) to (c)(1); s. 280.51; s. 280.52; s. 280.53; s. 280.61(1); s. 280.62(a)(5); portions of s. 280.63(a)(1) to (3); portions of s. 280.63(b); portions of s. 280.72(a); s. 280.72(b); and s. 280.73. Additional portions of
s. 280.34(a)(3)
are included in chs.
NR 708,
716,
722 and
724. Additional portions of
s. 280.63(a)(1) to (3) and (b) are included in chs.
NR 708 and
716. Additional portions of
s. 280.72(a)
are included in ch.
SPS 310.
NR 706.01 History
History: Cr.
Register, February, 1997, No. 494, eff. 3-1-97.
NR 706.02(1)(1) This chapter applies to hazardous substance discharges that are subject to the requirements of s.
292.11, Stats.
NR 706.02(2)
(2) Subchapter
II applies to all persons who have responsibility under s.
292.11, Stats., for any hazardous substance discharge that may occur. Subchapter
III contains additional requirements that only apply to the owners and operators of underground storage tank systems that are subject to regulation under 42 USC s 6991 et seq. and
40 CFR part 280, or
ch. SPS 310, for hazardous substance discharges that are related to the underground storage tank system.
NR 706.02 Note
Note: The definition of "underground storage tank" in s.
NR 700.03, which applies to this chapter, is based on the definition of "underground storage tank" in ch.
SPS 310, which includes certain farm and residential motor fuel storage tanks and heating oil tanks that are excluded from the federal UST program definition in 42 USC s. 6991.
NR 706.02(3)
(3) Persons and facilities subject to the release notification requirements in CERCLA section 103(a),
42 USC 9603(a), or the emergency notification and notification requirements in s.
166.20, Stats., and
42 USC 11004,
11021,
11022 and
11023, are required to comply with those requirements in addition to complying with the notification requirements of this chapter, except that notification of a hazardous substance discharge which is given to the department in compliance with the requirements of this chapter constitutes notification of the state emergency response board as required by s.
323.60, Stats., if the notification contains all of the information specified in
42 USC 11004(b)(2).
NR 706.02 History
History: Cr.
Register, February, 1997, No. 494, eff. 3-1-97; correction in (2) made under s. 13.93 (2m) (b) 7., Stats.,
Register, March, 2001, No. 543; correction in (2), (3) made under s. 13.92 (4) (b) 7., Stats.,
Register February 2012 No. 674.
NR 706.03
NR 706.03
Definitions. In this chapter:
NR 706.03 Note
Note: Section
292.01 (3), Stats., provides that: "`discharge' means, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying or dumping". However, it should be noted that under s.
NR 706.05 the department has interpreted the hazardous substance discharge notification requirements in s.
292.11 (2), Stats., to apply only when a hazardous substance is spilled in such a way that it is discharged to the environment. A hazardous substance that is "discharged" into a secondary containment structure, that is completely contained and can be recovered with no discharge to the environment, is not subject to the discharge notification requirements in s.
292.11 (2), Stats.
NR 706.03(2)
(2) "Fertilizer" has the meaning specified in s.
94.64 (1) (e), Stats., except that it does not include nitrates or other forms of nitrogen found in the environment that cannot be attributed to a discharge.
NR 706.03 Note
Note: Section
94.64 (1) (e), Stats., defines "fertilizer" to mean "any substance, containing one or more plant nutrients, which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal or vegetable manures, marl, liming material, sewage sludge other than finished sewage sludge products, and wood ashes. `Fertilizer' includes fertilizer materials, mixed fertilizers, custom mixed fertilizers, nonagricultural fertilizers and all other fertilizers or mixtures of fertilizers, regardless of type or form."
NR 706.03 Note
Note: "Hazardous substance" is defined in s.
299.01 (6), Stats., to mean: "any substance or combination of substances including any waste of a solid, semisolid, liquid, or gaseous form which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or which may pose a substantial present or potential hazard to human health or the environment because of its quantity, concentration or physical, chemical or infectious characteristics. This term includes, but is not limited to, substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives as determined by the department."
NR 706.03(4)
(4) "Impervious" means incapable of being penetrated by a discharged substance.
NR 706.03 Note
Note: Asphalt and concrete, if intact and undamaged, are considered impervious surfaces. However, if hazardous substances are capable of penetrating asphalt or concrete due to cracks or holes, or repeated discharges, the surface would not be considered impervious.
NR 706.03(5)
(5) "Nonhousehold pesticide" has the meaning specified in s.
94.681 (1) (c), Stats., except that it does not include pentachlorophenol, inorganic arsenical wood preservatives and coal tar creosote.
NR 706.03 Note
Note: Section
94.681 (1) (c), Stats., defines "nonhousehold pesticide" as "a pesticide that is not a household pesticide." "Household pesticide" is defined in s.
94.681 (1) (a), Stats.
NR 706.03 Note
Note: Section
94.67 (25), Stats., defines "pesticide" to mean "any substance or mixture of substances labeled or designed or intended for use in preventing, destroying, repelling or mitigating any pest, or as a plant regulator, defoliant or desiccant."
NR 706.03(7)
(7) "Petroleum products" mean gasoline products, diesel-like products and light crude oils, medium grade crude oils and intermediate products, and heavy crude oils and residual products.
NR 706.03 Note
Note: This definition in intended to include gasoline, diesel fuel, kerosene, jet fuel, hydraulic oils, lubricating oils, and machine oils.
NR 706.03 History
History: Cr.
Register, February, 1997, No. 494, eff. 3-1-97; correction in (5) made under s. 13.93 (2m) (b) 7., Stats.,
Register, March, 2001, No. 543.
NR 706.05
NR 706.05
Discharger responsibilities. NR 706.05(1)(a)(a) Unless the discharge is specifically exempted under
s. NR 706.07, persons who cause the discharge to the environment of a hazardous substance or who possess or control a hazardous substance which is discharged to the environment shall immediately notify the department of the discharge. For the purpose of determining if a substance is hazardous and whether its discharge is required to be reported, responsible parties shall consider the quantity, concentration and physical, chemical and infectious characteristics of the substance and the location where the discharge occurred, and whether the substance has been discharged to the environment. A hazardous substance that is "discharged" into a secondary containment structure, that is completely contained and can be recovered with no discharge to the environment, is not subject to the discharge notification requirements in s.
292.11 (2), Stats.
NR 706.05 Note
Note: The department believes that the dictionary definition of "immediate", i.e. "occurring at once; next in line," does not lend itself to quantification. An across-the-board time-period can't be specified. In uncomplicated spill situations, responsible parties are expected to provide notice to the department within a matter of a few minutes after they learned of the spill. In other situations, especially where emergency action of some kind is being taken by the responsible party or where the responsible party does not have access to a telephone, notification may not be possible for several hours, but would still be considered "immediate" if promptly given.
NR 706.05(1)(b)
(b) Hazardous substance discharges shall be reported to the department by telephoning, telefaxing or visiting a department office during normal business hours or by telephoning a department-designated 24-hour hotline telephone number after normal business hours.
NR 706.05 Note
Note: The 24-hour hotline operated by the division of emergency management in cooperation with the department can be reached at 1-800-943-0003. Directories for the telephone numbers of the department's offices can be found in local telephone books and in various department guidance documents.
NR 706.05(1)(c)
(c) The notification required by this subsection shall contain the following information to the extent practicable:
NR 706.05(1)(c)1.
1. Name, address and telephone number of the person reporting the discharge.
NR 706.05(1)(c)2.
2. Name, address and telephone number of the discharger, or owner and operator of the UST system and any other potentially responsible persons.
NR 706.05(1)(c)3.
3. Date, time, duration and location of the discharge including street address, if appropriate, county, town, city or village, 1/4, 1/4 section, township, range, and legal description of lot, if located in a platted area.
NR 706.05(1)(c)4.
4. Identity, physical state and quantity of the material discharged.
NR 706.05(1)(c)5.
5. Physical, chemical, hazardous and toxicological characteristics of the substance.
NR 706.05(1)(c)7.
7. Immediate actions being taken and the name of the contractor or other person performing the action.
NR 706.05(1)(c)8.
8. Source, speed of movement and destination or probable destination of the discharged hazardous substance.
