NR 710.01
NR 710.01
Purpose. This chapter establishes procedures that the department shall use in evaluating sites and facilities in the environmental repair program, hazardous substance discharge program, leaking underground storage tank program and superfund program, to assist the department in determining the priority for action at those sites and facilities. This chapter is adopted pursuant to ss.
227.11 (2),
289.06 (1),
(2),
292.11, and
292.31, Stats.
NR 710.01 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; corrections made under s. 13.93 (2m) (b) 7., Stats.,
Register, February, 2001, No. 542.
NR 710.02
NR 710.02
Applicability. This chapter applies to the department's discovery, screening and ranking of sites, facilities and portions of sites and facilities that are subject to regulation under the authority of s.
292.11 or
292.31, Stats.
NR 710.02 Note
Note: The department's superfund, spills, LUST and environmental repair programs may become aware of a potential site or facility through a wide variety of means, including any one of the following:
NR 710.02 Note1. Notification of hazardous substance discharge, as required by s.
292.11, Stats., and s.
NR 706.05,
706.11 or
706.13 for reporting discharges from underground storage tanks.
NR 710.02 Note
2. Citizen complaints.
NR 710.02 Note
3. Department investigations, observations or inspections.
NR 710.02 Note
4. Referrals from other programs or agencies.
NR 710.02 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; corrections made under s. 13.93 (2m) (b) 7., Stats.,
Register, February, 2001, No. 542.
NR 710.03
NR 710.03
Definitions. In this chapter:
NR 710.03(1)
(1) "CERCLIS" means the comprehensive environmental response, compensation and liability information system, as compiled by the U.S. EPA.
NR 710.03(2)
(2) "Hazard ranking system" means the method used by U.S. EPA to evaluate the relative potential of hazardous substance discharges to cause health or safety problems, or ecological or environmental damage.
NR 710.03(3)
(3) "Inventory" means the list of sites or facilities which may cause or threaten to cause contamination which the department is required to compile under s.
292.31 (1) (a), Stats.
NR 710.03(4)
(4) "LUST" means leaking underground storage tank.
NR 710.03(5)
(5) "Wisconsin remedial response site evaluation report" means the list of sites and facilities compiled and maintained [by the] department's emergency and remedial response program, including all of the following:
NR 710.03(5)(a)
(a) The inventory of sites or facilities which may cause or threaten to cause contamination.
NR 710.03(5)(b)
(b) The hazardous substance discharge incidents which require a response action beyond an immediate action.
NR 710.03(5)(c)
(c) LUST sites which have been designated as high or medium priorities by the department.
NR 710.03 Note
Note: Currently, there are several site or facility lists compiled by the department, including the "inventory of sites which may cause or threaten to cause environmental pollution", the "hazard ranking list", the hazardous substance discharge incident list, the LUST list, a list of Wisconsin superfund sites on the NPL, the "registry of waste disposal sites in Wisconsin" and the "Wisconsin remedial response site evaluation report". To obtain any of these lists, please contact the Bureau of Remediation and Redevelopment, Public Information Requests, P.O. Box 7921, Madison, WI 53707. The federal CERCLIS list is available from the U. S. EPA, by writing to: WI Freedom of Information Act Officer, U.S. EPA Region V, 77 W. Jackson Blvd, Chicago, IL 60604.
NR 710.03 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; correction in (3) made under s. 13.93 (2m) (b) 7., Stats.,
Register, February, 2001, No. 542.
NR 710.05
NR 710.05
Identification of responsible parties. The department may attempt to identify potentially responsible parties during any phase of response action by any one of the following methods:
NR 710.05(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 710.05(2)
(2) Reviewing operational records of the site or facility.
NR 710.05(4)
(4) Determining current and past ownership of the site or facility.
NR 710.05 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94.
NR 710.07
NR 710.07
LUST site evaluation procedures. The department shall evaluate all confirmed hazardous substance discharges from leaking underground storage tanks to determine the relative threat each poses to public health, safety and welfare and the environment, and to determine the priority of the site or facility for action and department oversight. The department shall classify a LUST site as either a high, medium or low priority. The department may change, at any time, the priority of a site or facility on the basis of additional information provided by responsible parties or others.
NR 710.07 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94.
NR 710.09
NR 710.09
Superfund 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 710.09(2)
(2) Reviewing files by department staff in the form of preliminary assessments;
NR 710.09(3)
(3) Collecting data both on-and-off-site by conducting field sampling;
NR 710.09(4)
(4) Preparing or reviewing federally prepared hazard ranking system scores, using the federal hazard ranking system; and
NR 710.09(5)
(5) Nominating sites or facilities to the national priorities list.
NR 710.09 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94.
NR 710.11
NR 710.11
Environmental repair program screening. NR 710.11(1)(1)
Initial assessment. The department shall conduct an initial assessment of each site or facility which the department suspects may threaten public health, welfare or safety or the environment. The department shall consider, at a minimum, all of the following information during the initial assessment:
NR 710.11(1)(a)
(a) Type and form of contamination disposed of or present at the site or facility.
NR 710.11(1)(b)
(b) Estimated quantities of contamination disposed of or present at a site or facility.
NR 710.11(1)(c)
(c) Toxicity and persistence of contamination disposed of or present at a site or facility.
NR 710.11(1)(g)
(g) Population living within at least one-fourth mile of a facility or site.
NR 710.11(1)(i)
(i) Distance from the site or facility to the nearest surface water and wetlands.
NR 710.11(1)(k)
(k) Proximity to sensitive environments, including fisheries and wildlife habitats, wetlands and other waters.
NR 710.11(2)
(2) Determining site or facility potential. The department shall use the information gathered pursuant to
sub. (1) to determine whether the site or facility poses a high, low or unknown potential, based on the criteria in
pars. (a) to
(c).
NR 710.11(2)(a)
(a) High potential. Based on the information gathered pursuant to
sub. (1), the department shall assign the classification of high potential to any site or facility that threatens public health, safety or welfare or the environment after considering all of the following criteria:
NR 710.11(2)(a)1.
1. Groundwater contamination at or beyond the applicable point of standards application attains or exceeds a preventive action limit for any substance of public health concern or public welfare concern listed in
ss. NR 140.10 and
140.12. If there is no groundwater quality standard established for a substance in
ch. NR 140, the detection of a non-naturally occurring substance above the limit of detection and the detection of naturally occurring substances above background levels, that have not been affected by any contamination.
NR 710.11(2)(a)2.
2. Surface water or sediment contamination attributable to the site or facility that violates the standards established pursuant to
chs. NR 102 to
106.
NR 710.11(2)(a)4.
4. Site or facility-specific factors identified in
sub. (1) lead the department to conclude that there is a high potential that the site or facility may threaten public health, safety or welfare or the environment.
NR 710.11(2)(b)
(b) Low potential. The classification of low potential may be assigned to any site or facility not classified as high potential after considering all of the following criteria:
NR 710.11(2)(b)1.
1. Materials at the site or facility consist solely of concrete, brick, wood, inert material or other demolition debris which does not contain hazardous substances or environmental pollution.
NR 710.11(2)(b)2.
2. No further action is required at the site or facility to comply with
chs. NR 700 to
736, after considering all of the following:
NR 710.11(2)(b)2.b.
b. Physical properties of the contamination, such as the toxicity and persistence.
NR 710.11(2)(b)3.
3. Other appropriate information which leads the department to conclude that there is a low potential for the site or facility to threaten public health, safety or welfare or the environment.
NR 710.11(2)(c)
(c) Unknown potential. Any site or facility which cannot be classified as having a high or low potential to threaten public health, safety or welfare or the environment shall be classified as having unknown potential.
NR 710.11(3)
(3) Additional information. The department shall collect additional information for each site or facility classified as a high potential or unknown potential, including:
NR 710.11(3)(a)
(a) Name of the person who presently owns or operates the site or facility.
NR 710.11(3)(b)
(b) Site or facility history, including present operational status, the approximate length of time the site or facility was operated, and the names of potentially responsible persons.
NR 710.11(3)(c)
(c) Physical characteristics of the site including, but not limited to, surface and subsurface soil permeability, depth to bedrock, depth to groundwater and type of bedrock.
NR 710.11(3)(d)
(d) The number and location of private water supply wells and public water supply systems within 4 miles of the site or facility and the population served by those water supply well systems.
NR 710.11(3)(e)
(e) The ability of the contamination to migrate to or impact the environment, including proximity to fisheries, wildlife habitat, wetlands or other areas where there may be a detrimental effect on the environment.
NR 710.11(3)(f)
(f) Other information which may assist the department in determining the extent of actual or potential threat posed by the site or facility.
NR 710.11(4)
(4) Site prioritization. The department may develop and implement a prioritization system for each program to quickly estimate the environmental impact of a site or facility and to establish a general priority for department action.
NR 710.11 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94.
NR 710.13
NR 710.13
Wisconsin remedial response site evaluation report. NR 710.13(1)(1)
General. The department shall routinely publish and update a report listing sites or facilities in Wisconsin which have been determined to represent a high potential of threatening public health, safety or welfare or the environment. This publication shall be titled the Wisconsin remedial response site evaluation report, and shall include all of the following:
NR 710.13(1)(a)
(a) The inventory of sites or facilities which may cause or threaten to cause environmental pollution, which the department is required to compile and maintain under s.
292.31, Stats.
NR 710.13(1)(b)
(b) Sites or facilities where a hazardous substance discharge has occurred and a response action, beyond an immediate action, is necessary.
NR 710.13(1)(c)
(c) Sites where a hazardous substance discharge has occurred from an underground storage tank and the department has classified it as a high or medium priority, under
s. NR 710.07.
NR 710.13(2)(a)(a) Listing. A site or facility which is being addressed by the department under s.
292.31, Stats., shall be listed on the inventory specified in
s. NR 710.13 (1) (a), after the department has classified the site or facility as having a high potential for threatening public health, safety or welfare or the environment, including all sites or facilities proposed or listed as final on the national priorities list, using the screening process in
s. NR 710.11 (2).
NR 710.13(2)(b)
(b) Contents. The inventory shall contain all of the following information:
NR 710.13(2)(b)2.
2. District, county, town or city, quarter-quarter section and address or legal description of where the site or facility is located.
