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.
NR 710.13(2)(c)
(c) Publication. The department shall publish the inventory and any amendments to the inventory as required by s.
292.31 (1), Stats. Amendments to the inventory shall be published no later than December 31 of every even-numbered year after May 1, 1994.
NR 710.13(2)(d)1.1. Except as provided in
subd. 2., the department may not list on the inventory sites or facilities which are regulated under a department permit or approval issued under s.
281.41, Stats., and chs.
30,
280,
283,
285,
291 to
299, Stats., or other approvals or permits issued by the department.
NR 710.13(2)(d)2.
2. If the regulation of a site or facility under department approval or permit is failing to correct any threats to public health, safety or welfare or the environment, the department may consider the site or facility for listing on the inventory. The department may list sites or facilities regulated under the authorities listed in
subd. 1. on the inventory if the department determines that the site or facility owner or operator, or both, are not responsible for the contamination, or there is no responsible party able or willing to undertake the necessary response actions at the site or facility.
NR 710.13(2)(e)1.1. Any site or facility may be removed from the inventory if the department determines that the site or facility no longer presents a substantial danger to public health, safety and welfare and the environment, or if the department determines that it shall address the site or facility under s.
292.11, Stats., instead of s.
292.31, Stats.
NR 710.13(2)(e)2.
2. The department shall delist an individual site or facility from the inventory by excluding the site or facility from the next inventory amendment published after the department's decision.
NR 710.13(2)(e)3.
3. The department shall use the screening process in
s. NR 710.11 (2) to decide if a site or facility no longer presents a substantial danger to public health, welfare and safety and the environment.
NR 710.13(2)(e)4.
4. A site or facility may be delisted after the department has approved the request for case closure of the entire site or facility in accordance with
ch. NR 726.
NR 710.13(3)(a)(a) Listing. A site or facility subject to regulation under s.
292.11, Stats., shall be listed on the Wisconsin remedial response site evaluation report when the department determines that the site or facility threatens public health, welfare or safety or the environment, if the screening process described in
s. NR 710.11 (2) identifies the site or facility as having a high potential for threatening public health, welfare or safety or the environment or when a site investigation is necessary, as required by
s. NR 708.09 (2) or
716.05.
NR 710.13(3)(b)
(b) Contents. The hazardous substance discharge sites or facilities meeting the criteria in
par. (a) shall be listed in the Wisconsin [remedial response] site evaluation report. This section of the report shall contain all of the following information about each site or facility:
NR 710.13(3)(b)2.
2. District, county, town or city, quarter-quarter section and address or legal description where the site or facility is located.
NR 710.13(3)(c)
(c) Exceptions. A site or facility which is being addressed under s.
292.11, Stats., but is designated as a LUST site shall be listed in the LUST section of the report, not in the hazardous substance discharge section of the Wisconsin remedial response site evaluation report.
NR 710.13(3)(d)1.1. Any site or facility may be removed from the report if the department determines that the site or facility is in compliance with all applicable environmental and public health standards and that the environment has been restored to the extent practicable, or if the department determines that it will address the site or facility under s.
292.31, Stats., instead of s.
292.11, Stats.
NR 710.13(3)(d)2.
2. The department shall delist an individual site or facility by excluding the site or facility from the next Wisconsin remedial response site evaluation report published after the department's decision.
NR 710.13(3)(d)3.
3. When no response action is required at the site or facility, the department shall use the screening process contained in
s. NR 710.11 (2) or the no further action criteria in
s. NR 708.09 (1) to decide whether or not to delist the site or facility in compliance with this paragraph.
NR 710.13(3)(d)4.
4. At the completion of an immediate action, a site or facility may be delisted after no further action is required by the department pursuant to
s. NR 708.09.
NR 710.13(3)(d)5.
5. A site or facility may be delisted after the department has approved the request for case closure under
ch. NR 726.
NR 710.13(4)(a)(a) Listing. A site or facility that is subject to regulation under s.
292.11, Stats., may be listed in the LUST section of the Wisconsin remedial response site evaluation report if it involves a discharge of a hazardous substance from a leaking underground storage tank and the department has determined that the site or facility threatens public health, welfare or safety or the environment, using the screening process described in
s. NR 710.07. Only sites or facilities identified as high and medium priority shall be listed in the Wisconsin remedial response site evaluation report. The LUST section of the report shall contain all of the following information:
NR 710.13(4)(a)2.
2. District, county, town or city, and address or legal description where the site or facility is located.
NR 710.13(4)(b)1.1. Any site or facility may be removed from the LUST section of the report if the department determines that the site or facility is in compliance with all applicable public health and environmental standards, and that the environment has been restored to the extent practicable.
NR 710.13(4)(b)2.
2. The department shall delist an individual site or facility by excluding the site or facility from the next Wisconsin remedial response site evaluation report published subsequent to the department's decision and the LUST program list.
NR 710.13(4)(b)3.
3. When no response action is required [at] the site or facility, the department shall use the screening process contained in
s. NR 710.07 or the no further action criteria in
s. NR 708.09 (1) to decide whether or not to delist the site or facility in compliance with this paragraph.
NR 710.13(4)(b)4.
4. At the completion of an immediate action, a site or facility may be delisted after no further action is required by the department pursuant to
s. NR 708.09.
NR 710.13(4)(b)5.
5. A site or facility may be delisted after the department has approved the request for case closure under
ch. NR 726.
NR 710.13 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 710.15
NR 710.15
Environmental repair program hazard ranking system. NR 710.15(1)(a)(a) Sites or facilities to be scored. All sites or facilities listed on the inventory under
s. NR 710.13 (2) shall be scored using the environmental repair program hazard ranking procedures in this section.
NR 710.15 Note
Note: The hazard ranking system does not quantify the probability of harm from a site or facility or the magnitude of the harm that could result, although the factors have been selected in order to approximate both those elements of risk. It is a procedure for ranking facilities in terms of the potential threat they pose by describing the manner in which the substances of concern are contained, the route by which they would be discharged, and the likely impacts on the public health, safety or welfare or the environment. The hazard ranking system, as currently drafted, incorporates the ranking system formerly found in ch. NR 550, without revision. It is the intent of the department to revise the hazard ranking system in the near future, after reviewing alternative scoring systems including other state systems, as well as the new federal hazard ranking system.
NR 710.15(1)(b)
(b) Rescoring. The department shall evaluate the information obtained from the site investigation conducted in compliance with
ch. NR 716 and if appropriate, the site or facility using the environmental repair program hazard ranking procedures in this section.
NR 710.15(1)(c)1.1. All sites or facilities that receive a migration route score equal to, or greater than, 15.0 using the scoring procedures listed in
ss. NR 710.17 to
710.27 shall be considered by the department to pose a substantial threat to the public health, welfare or safety or the environment.
NR 710.15(1)(c)2.
2. The department may, on a case-by-case basis, determine that a site or facility that has not been scored or that receives a migration route score of less than 15.0 poses a substantial threat to the public health, welfare or safety or the environment, based on relevant information which was not considered in the hazard ranking system. In this case, the department shall maintain a written record of the decision, including a detailed explanation of the factors considered to determine that a substantial threat exists.
NR 710.15(2)(a)(a) Ranking list. The department shall publish a hazard ranking list of sites or facilities scored using the scoring procedures in this section.
NR 710.15(2)(b)2.
2. Amendments to the hazard ranking list shall be published no later than December 31 of every odd-numbered year, after the initial hazard ranking list is published.
NR 710.15(2)(c)
(c) List information. For each site or facility scored, the hazard ranking list shall contain all of the following information:
NR 710.15(2)(c)3.
3. Migration route score, the fire and explosion score, and the direct contact score.
NR 710.15(2)(c)4.
4. Notice that the site or facility poses a substantial threat to public health, welfare, safety or the environment.
NR 710.15(2)(c)5.
5. Brief description of the reason why the substantial threat exists.
NR 710.15(2)(c)6.
6. Statement describing response actions taken at the site or facility, if any and whether the response actions have been completed.
NR 710.15(2)(d)
(d) Other substantial danger sites or facilities. The hazard ranking list shall also include those sites or facilities that have been determined by the department to pose a substantial threat to the public health, welfare or safety or the environment, under
sub. (1) (c) 2.
NR 710.15(3)(a)(a) General. The hazard ranking system assigns 3 hazard mode or route scores to a site or facility. These hazard mode or route scores are the migration score, the fire and explosion score, and the direct contact score.
