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.
NR 710.15(3)(b)
(b) Migration score. The migration score, SM, reflects the potential for harm to humans or the environment from migration of substances away from the site or facility by routes involving groundwater, surface water, or air. It is a composite of separate scores for each of the 3 routes. The migration score is computed by the following equation:
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See PDF for table 
NR 710.15 Note
Note: The effect of combining the route scores is to emphasize the highest scoring route while giving some additional consideration to the other routes. The factor 1/1.73 is used to reduce SM scores to a 100-point scale.
NR 710.15(3)(c)
(c) Fire and explosion. The fire and explosion score, SFE, reflects the potential for harm from contamination that can explode or cause fires.
NR 710.15(3)(d)
(d) Direct contact. The direct contact score, SDC, reflects the potential for harm from direct contact with contamination at the site or facility.
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 released, and the likely impacts on humans or natural resources.
NR 710.15(4)
(4) Rating factors. The score for each hazard mode (migration, fire and explosion and direct contact) or route is obtained by considering a set of factors that characterize the potential for the site or facility to cause harm (Table 1). Each factor is assigned a numerical value according to the procedures set forth in
ss. NR 710.17 to
710.27. This value is then multiplied by a weighing factor yielding the factor score. The factor scores within each category are added, and the total scores for each factor category are multiplied together to develop a score for groundwater, surface water, air, fire and explosion, and direct contact. In computing the fire and explosion, direct contact, or individual migration route score, the product of its factor category scores is divided by the maximum possible score and multiplied by 100 to reduce scores to a 100-point scale.
NR 710.15(5)(a)(a) Repair action. The migration route score shall be used to determine substantial danger under
sub. (1), and for establishing repair priorities for projects being addressed by the department under s.
292.31, Stats.
NR 710.15(5)(b)
(b) Emergency action. Fire and explosion and direct contact scores shall be used by the department to help identify sites or facilities requiring an emergency immediate action under
ch. NR 708.
NR 710.15(6)
(6) Information. Use of the hazard ranking system requires considerable information about the site or facility, its surroundings, the contamination present, and the geological character of the area. Where there are no data for a factor, it shall be assigned a value of zero. However, if a factor with no data is the only factor in a category (for example: containment), then the factor is given a score of 1. If data are lacking for more than one factor in connection with the evaluation of either any migration or exposure route that route score is set at zero. Figure 1 illustrates the format for recording general information regarding the site or facility being evaluated. It shall also serve as a cover sheet for the work sheets used in the evaluation.
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See PDF for table NR 710.15 History
History: Cr.
Register, April, 1994, No. 460, eff. 5-1-94; corrections in (2) (b) 1. and (5) (a) made under s. 13.93 (2m) (b) 7., Stats.,
Register, February, 2001, No. 542.
NR 710.17
NR 710.17
Groundwater migration route. NR 710.17(1)(a)(a) Scoring. If a release is observed using the criteria listed in
par. (b), enter a score of 45 on line one of the groundwater route worksheet (Figure 2), and do not evaluate the route characteristics and containment factors (lines 2 and 3). If direct evidence of a discharge or release is lacking, enter a value of zero on line one and proceed with scoring the route characteristics and containment factors as described in
subs. (2) and
(3).
NR 710.17(1)(b)
(b) Direct evidence. Direct evidence of release must be analytical. If a contaminant is measured, regardless of frequency, in groundwater or a well in the vicinity of the site or facility at a higher level than the background level, then quantitative evidence exists, and a release or discharge has been observed. For the purpose of this paragraph, one of the following methods may be used to evaluate an observed release:
NR 710.17(1)(b)1.
1. In the vicinity of the site or facility, the concentration of a substance of public health or welfare concern attains or exceeds the preventive action limits contained in Table 1,
s. NR 140.10, or Table 2,
s. NR 140.12;
NR 710.17(1)(b)3.
3. In the vicinity of the site or facility, a sample contains a detectable concentration of a substance not detected in a background sample; or
NR 710.17(1)(b)4.
4. The department determines by using other appropriate information that the increase in the concentration of a substance in the vicinity of the site or facility is from the site or facility.
NR 710.17 Note
Note: Tables 12 and 15 contained in sub. (4) and Tables One, 2 and 3 contained in ch.
NR 140, list substances which may be used for determining an observed release.
NR 710.17(1)(c)
(c) Qualitative evidence. Qualitative evidence of release, e.g., an oily or otherwise objectionable taste or smell in well water, constitutes direct evidence only if it can be confirmed that it results from a release at the site or facility in question.
NR 710.17(2)(a)(a) Depth to groundwater. Depth to groundwater is measured vertically from the lowest point of the substances of concern to the highest seasonal groundwater level. This factor is one indicator of the ease with which a pollutant from the facility could migrate to groundwater. Values for depth to groundwater are shown in Table 2.
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See PDF for table NR 710.17(2)(b)
(b) Infiltration potential. Infiltration potential is a measure of the site characteristics which encourage, or allow, the accumulation of water on the site surface and movement of water through the wastes or hazardous substances generating leachate. Infiltration potential is a function of the available water at the site, the slope of the site surface, the type of surface soils, and the vegetative cover. Infiltration potential is assigned a value from Table 3. The infiltration score is determined by adding the individual values obtained from Tables 4 and 5, and Figure 3.
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See PDF for table NR 710.17(2)(c)
(c) Subsurface permeability. Permeability of unsaturated zone (or intervening geological formations) is an indicator of the speed at which a contaminant could migrate from a site or facility. Values for permeability are shown in Table 6.
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See PDF for table
