NR 708.07(4)
(4) Implementation of a preventive measures plan to minimize or prevent any further hazardous substance discharges.
NR 708.07 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; r. and recr. (intro.),
Register, March, 1995, No. 471, eff. 4-1-95.
NR 708.09
NR 708.09
No further response action. NR 708.09(1)
(1)
General. Unless
sub. (2) is applicable, responsible parties shall submit a final report for completed immediate action at the site or facility which addresses the following criteria, where applicable, and a letter of compliance documenting that the immediate response action is complete and no further action is necessary to respond to a hazardous substance discharge or environmental pollution:
NR 708.09(1)(a)
(a) The type of hazardous substance discharged or the type of environmental pollution, including the toxicity, mobility and volume of the contamination.
NR 708.09(1)(c)
(c) Time until the discharge or environmental pollution was responded to and properly contained or eliminated.
NR 708.09(1)(d)
(d) Any mitigation efforts that may have accelerated the migration of the environmental pollution or hazardous substances, such as any fire mitigation methods.
NR 708.09(1)(e)
(e) Weather conditions at the site or facility, such as any precipitation that may have accelerated the migration of the contamination, from the time of the discharge until the response was completed.
NR 708.09(1)(f)
(f) Migration potential of the contamination, including soil conditions, proximity to surface water bodies, location of drains or storm sewers, depth to groundwater and the integrity of any containment area.
NR 708.09(1)(g)
(g) The nature and scope of any immediate action conducted.
NR 708.09(1)(m)
(m) Whether or not routes of exposure are protective and the environment has been restored to the extent practicable.
NR 708.09(1)(n)
(n) Any other information that the department considers relevant.
NR 708.09(2)
(2) Site investigation. The department shall require responsible parties to conduct a site investigation in accordance with the requirements of
ch. NR 716 if a hazardous substance discharge from a UST meets any of the following conditions:
NR 708.09(2)(a)
(a) There is evidence that groundwater wells have been affected by a discharge of a hazardous substance, including any evidence found during the release confirmation procedures required in
ch. NR 706.
NR 708.09(2)(c)
(c) There is evidence that contaminated soils may be in contact with groundwater.
NR 708.09(3)
(3) Reopening a case. The department may require that additional response actions be conducted by responsible parties in compliance with the requirements of
chs. NR 700 to
726 if additional information indicates that residual contamination at a site or facility poses a threat to public health, safety or welfare or the environment.
NR 708.09 Note
Note: Although the department may determine at this time that no further response action is necessary pursuant to chs.
NR 700 to
726, the site, facility or portion of the site or facility may be subject to the regulations and requirements of other department programs.
NR 708.09 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; r. and recr. (1) (intro.),
Register, March, 1995, No. 471, eff. 4-1-95; am. (2) (a),
Register, February, 1997, No. 494, eff. 3-1-97.
NR 708.11(1)(1)
General. Responsible parties shall evaluate the need for interim action prior to initiating a site investigation and during a site investigation. Interim action shall be taken where it is necessary to contain or stabilize a discharge of a hazardous substance or environmental pollution, in order to minimize any threat to public health, safety or welfare or the environment. When an interim action is warranted, responsible parties shall implement an interim action as soon as facility or site- related information makes it possible to do so, in compliance with the requirements of this chapter.
NR 708.11 Note
Note: The principal distinction between a non-emergency, immediate action and an interim action is that a site investigation will be required in conjunction with an interim action, but not with a non-emergency immediate action. In addition, interim actions will be closed out using the criteria in ch.
NR 726, not the "no further action" criteria in s.
NR 708.09.
NR 708.11(2)
(2) Specific actions. Interim actions may include any of the following:
NR 708.11(2)(b)
(b) Conducting source removal, such as excavation and treatment of highly contaminated soils, to prevent or limit further movement of the contamination.
NR 708.11(2)(c)
(c) Extracting free product, leachate or groundwater to restrict migration of a contaminant plume.
NR 708.11(2)(d)
(d) Constructing a temporary engineering control, such as a low permeability cover.
NR 708.11(3)
(3) Selection of interim actions. Unless otherwise directed by the department, responsible parties shall select and implement necessary interim action without prior department approval. The interim action selected by responsible parties shall comply with all of the following requirements:
NR 708.11(3)(a)
(a) Be protective of public health, safety and welfare and the environment for the exposure pathways being addressed and any solid or hazardous waste or the hazardous substances and contaminated environmental media being generated.
NR 708.11(3)(b)
(b) Comply with all state and federal public health and environmental laws, whichever are more stringent, that apply to the type of interim action being taken and any solid or hazardous waste and contaminated environmental media that is being generated, treated, stored or disposed as part of the interim action.
NR 708.11(3)(d)
(d) Be consistent with the final remedial action that is likely to be selected for that pathway of exposure or contaminated environmental media that is being addressed by the interim action.
NR 708.11(3)(e)
(e) Comply with one of the following requirements when disposal of contaminated soil, sediment or other granular material such as fill, not including debris, is proposed:
NR 708.11(3)(e)1.
1. The volume of untreated contaminated soil, sediment or other granular material such as fill, not including debris, from a single site or facility that is proposed for off-site disposal does not exceed 100 cubic yards and is accepted by a landfill for daily cover that does not exceed on an annual basis the landfill's net daily cover needs or 12.5% of the annual volume of waste received by the landfill.
NR 708.11(3)(e)2.
2. Volumes of contaminated soil, sediment or other granular material, not including debris, that exceed 100 cubic yards may be disposed of in a licensed landfill with a department-approved composite liner, or a liner that is equivalent to a composite liner in terms of environmental protection, as determined by the department, in compliance with the landfill's approved plan of operation.
NR 708.11(4)
(4) Design and implementation requirements. For the types of interim actions listed in
pars. (a) through
(c), responsible parties shall prepare and submit to the department all reports and plans required by
ch. NR 724 for department review and approval prior to proceeding to the next step in design, implementation or operation of an interim action under
ch. NR 724, unless otherwise directed.
NR 708.11(4)(a)
(a) On-site treatment system, including a groundwater extraction and treatment system.
NR 708.11(4)(b)
(b) On-site engineering control or barrier, including a landfill cover or groundwater barrier system.
NR 708.11(4)(c)
(c) Any other type of interim action option when the department notifies responsible parties, on a case-by-case basis, that a design report is required prior to implementation of the interim action.
NR 708.11(5)
(5) Additional response action. Unless otherwise directed by the department, responsible parties shall initiate and complete a site investigation in accordance with
ch. NR 716 during the implementation of the interim action or as soon as it is feasible to do so after the completion of the interim action.
NR 708.11 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; cr. (3) (e),
Register, April, 1995, No. 472, eff. 5-1-95.
NR 708.13
NR 708.13
Free product removal. Responsible parties shall conduct free product removal whenever it is necessary to halt or contain the discharge of a hazardous substance or to minimize the harmful effects of the discharge to the air, lands or waters of the state. When required, free product removal shall be conducted, to the maximum extent practicable, in compliance with all of the following requirements:
NR 708.13(1)
(1) Free product removal shall be conducted in a manner that minimizes the spread of contamination into previously uncontaminated zones using recovery and disposal techniques appropriate to the hydrologic conditions at the site or facility, and that properly reuses or treats discharges of recovery byproducts in compliance with applicable state and federal laws.
NR 708.13(2)
(2) Free product removal systems shall be designed to abate free product migration.
NR 708.13(3)
(3) Any flammable products shall be handled in a safe and competent manner to prevent fires or explosions.
NR 708.13 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94.
NR 708.15(1)
(1)
General. Responsible parties shall prepare and submit to the department an interim action report, in accordance with this section, describing each interim action taken. The interim action report shall be submitted as part of the remedial action report or the site investigation report, unless otherwise directed by the department or unless
sub. (2) is applicable.
NR 708.15(2)
(2) Free product removal. For interim actions conducted to remove free product that was discharged from a UST, responsible parties shall prepare and submit a written interim action report to the department within 45 days after confirming a discharge in accordance with the requirements of
ch. NR 706, unless otherwise directed by the department.
NR 708.15(3)
(3) Report contents. The report required in
sub. (1) or
(2) shall include all of the following:
NR 708.15(3)(a)
(a) Name, address and telephone number of the responsible party.
NR 708.15(3)(b)
(b) Location of the site or facility, including street address; quarter-quarter section; and legal description of lot, if located in platted area.
NR 708.15(3)(c)
(c) The department-issued site or facility identification number.
NR 708.15(3)(d)
(d) The name of the consultant or person who has implemented the measures.
NR 708.15(3)(f)
(f) The estimated quantity and type of contamination, including the thickness of free product observed or measured in wells, bore holes and excavations when applicable.
NR 708.15(3)(g)
(g) The location and effluent quality of any permitted discharge, such as a wastewater discharge.
NR 708.15(3)(h)
(h) The steps that have been or are being taken to obtain necessary permits for any discharge.
NR 708.15(3)(i)
(i) The type, total volume and final disposition of any recovered hazardous substance discharged and contaminated environmental media generated, treated, stored or disposed of, including legible copies of manifests, receipts and other relevant documents.
NR 708.15 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; am. (2),
Register, February, 1997, No. 494, eff. 3-1-97.
