SPS 346.07 History
History: Cr.
Register, February, 2001, No. 542, eff. 3-1-01; correction in (1) (intro.), (a), (2) (a), (3) (a), (4) (a), (5) made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register December 2011 No. 672.
SPS 346.08
SPS 346.08
Site closure decisions after remedial action to address one or more of the risk screening criteria. The department of safety and professional services and DNR shall make site closure decisions after remedial action to address one or more of the risk screening criteria based on the following requirements:
SPS 346.08(1)
(1) Soil contamination only. A site that has residual contamination only in soil shall be closed without requiring any additional remedial action other than natural attenuation monitoring, if the site closure request documents that all of the following requirements have been complied with:
SPS 346.08(1)(a)
(a) A site investigation that complies with the requirements of
ch. NR 716 has been conducted.
SPS 346.08(1)(c)
(c) The requirements of
ch. NR 726 have been satisfied, including the signing and recording of any required deed restriction or deed notice.
SPS 346.08(1)(d)
(d) There is at least a 5-foot separation between the soil contamination and the water table.
SPS 346.08(2)
(2) Groundwater contamination within low permeability material. A site that has groundwater contamination within low permeability material shall be closed if the site closure request documents that all of the following requirements have been complied with:
SPS 346.08(2)(a)
(a) A site investigation that complies with the requirements of
ch. NR 716 has been conducted.
SPS 346.08(2)(d)1.
1. All groundwater contamination is contained within low permeability material and there is at least a 5-foot separation between the contamination in the low permeability material and any underlying or downgradient permeable material.
SPS 346.08(2)(d)2.
2. If there is any groundwater contamination within downgradient or underlying permeable material, one of the following requirements is satisfied:
SPS 346.08(2)(d)2.a.
a. All groundwater contaminant concentrations in permeable material are below preventive action limits.
SPS 346.08(2)(d)2.b.
b. All groundwater contaminant concentrations in permeable material are below enforcement standards and where preventive action limits have been attained or exceeded, a preventive action limit exemption has been granted.
SPS 346.08(2)(d)2.c.
c. The requirements of one of the tests listed in
sub. (4) (d) have been satisfied for sites where enforcement standards are attained or exceeded in permeable material.
SPS 346.08(3)
(3) Groundwater contamination exceeding preventive action limits, but below enforcement standards, within permeable material. A site that has groundwater contamination that attains or exceeds preventive action limits, but does not attain or exceed enforcement standards, within permeable material, shall be closed if the site closure request documents that all of the following requirements have been complied with:
SPS 346.08(3)(a)
(a) A site investigation that complies with the requirements of
ch. NR 716 has been conducted.
SPS 346.08(3)(c)
(c) The requirements of
ch. NR 726 have been satisfied, including the signing and recording of any required deed restriction or deed notice.
SPS 346.08(3)(d)
(d) The site has been granted a preventive action limit exemption.
SPS 346.08(4)
(4) Groundwater contamination exceeding enforcement standards within permeable material. A site that has groundwater contamination that attains or exceeds enforcement standards within permeable material shall be closed if the site closure request documents that all of the following requirements have been complied with:
SPS 346.08(4)(a)
(a) A site investigation that complies with the requirements of
ch. NR 716 has been conducted.
SPS 346.08(4)(d)1.
1. There is a minimum of 4 rounds of sampling data that are free of seasonal variation, and those sample results establish, through the use of the Mann-Kendall statistical test that is set forth in Appendix A, that the concentrations of contaminants with confirmed exceedances of enforcement standards are decreasing at the downgradient perimeter and along the centerline of the contaminant plume.
SPS 346.08(4)(d)2.
2. For sampling data not free of seasonal variation, an appropriate number and frequency of sampling rounds has been conducted consistent with the requirements of Appendix A, and the sample results establish, through the use of the Mann-Whitney U statistical test that is set forth in Appendix A, that the concentrations of contaminants with confirmed exceedances of enforcement standards are decreasing at the downgradient perimeter and along the centerline of the contaminant plume.
SPS 346.08(5)
(5) Closure under ch. nr 726. If the agency with administrative authority for a site determines that the site does not comply with the requirements of this section or
s. SPS 346.07, closure may still be granted on a case-by-case basis in compliance with the requirements of
ch. NR 726.
SPS 346.08(6)
(6) Additional remedial action. If closure is not granted, the responsible person shall conduct additional remedial action in compliance with
chs. NR 140 and
700 to
726.
SPS 346.08 History
History: Cr.
Register, February, 2001, No. 542, eff. 3-1-01; correction in (intro.), (1) (b), (2) (b), (3) (b), (4) (b), (5) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 346.09
SPS 346.09
Remediation and remediation funding for conditionally closed sites. SPS 346.09(1)
(1) Additional remedial action, other than natural attenuation, may not be required at sites that are eligible for closure under
s. SPS 346.07 or
346.08, unless the agency with administrative authority for the site determines that an actual or potential risk to public health, safety or welfare or the environment exists.
SPS 346.09(2)
(2) Funding under s.
101.143, Stats., shall be terminated by the department of safety and professional services for sites that are eligible for closure under
s. SPS 346.07 or
346.08, even if a groundwater use restriction, deed restriction or deed notice is not signed and recorded for one or more properties, and the site shall be ineligible for additional reimbursement except for post-closure costs that are otherwise eligible for reimbursement under
ch. SPS 347.
SPS 346.09(3)
(3) Sites requiring no action under this chapter other than the signing and recording of a groundwater use restriction, deed restriction or deed notice shall be classified for tracking purposes as "conditionally closed," which means that a closure application has been submitted and the site will be closed when the conditions are satisfied.
SPS 346.09 History
History: Cr.
Register, February, 2001, No. 542, eff. 3-1-01; correction in (1), (2) made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register December 2011 No. 672.
SPS 346.10
SPS 346.10
Tracking of remediation progress. By no later than January 1, 2001, and annually thereafter, responsible persons shall submit an annual report to the agency with administrative authority for the site, as required by s.
101.143 (2) (i) 2., Stats., with a summary of all monitoring data that have been collected, the status of remediation that has been conducted to date and an estimate of the additional costs that must be incurred to achieve site closure.
SPS 346.10 History
History: Cr.
Register, February, 2001, No. 542, eff. 3-1-01.
SPS 346.11
SPS 346.11
Classification and transfer of sites. SPS 346.11(1)(a)(a) The responsible person shall make a preliminary determination as to the classification of a site as high-risk, or medium or low risk based on the definitions in s.
101.144 (1) (aq), Stats., and
s. SPS 346.03 (6),
(8) and
(9), and the data that have been collected during the site investigation.
SPS 346.11(1)(b)
(b) Until a classification determination is made by the agency that receives a submittal under
sub. (2) or
(3), DNR has administrative authority for the site.
SPS 346.11(2)
(2) Submittal of site investigation reports to the appropriate agency. Site investigation reports submitted after May 18, 2000 shall include a statement as to whether a site is believed to be high-risk, or medium or low risk and shall be submitted directly to the agency with administrative authority for the site under
s. SPS 346.04 (1). If a site falls under the authority of the department of safety and professional services, the responsible person shall provide DNR with a copy of the letter that transmits the site investigation report to the department of safety and professional services. The DNR shall transfer the site file to the department of safety and professional services within 14 days after receipt of a copy of the transmittal letter that indicates that the site falls under the authority of the department of safety and professional services.
SPS 346.11(3)
(3) Submittal of closure reports to the appropriate agency. If the submittal of a site investigation report is not required or the site investigation report was submitted without a determination of whether the site is believed to be high-risk, or medium or low risk, the closure report shall be submitted directly to the agency that is believed to have administrative authority for the site under
s. SPS 346.04 (1). If a site falls under the authority of the department of safety and professional services, the responsible person shall provide DNR with a copy of the letter that transmits the closure report to the department of safety and professional services. The DNR shall transfer the site file to the department of safety and professional services within 14 days after receipt of a copy of the transmittal letter that indicates that the site falls under the authority of the department of safety and professional services.
SPS 346.11(4)
(4) Changes in classification. If a site has been classified as high-risk, or medium or low risk, and the agency receiving the site investigation report or closure report determines that the classification is incorrect and the site, as reclassified, falls under the other agency's administrative authority, the agency making the determination shall transfer the site file and all related data to the other agency within 14 days after making the determination that the site was incorrectly classified. The agency making the determination shall provide written notice to inform the responsible person that the site has been reclassified, which can be done by sending to the responsible person a copy of the reclassification letter that is addressed to the other agency. The written notice shall state the reasons for the reclassification.
SPS 346.11 History
History: Cr.
Register, February, 2001, No. 542, eff. 3-1-01; correction in (1) (a), (2), (3) made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register December 2011 No. 672.
SPS 346.12
SPS 346.12
Interagency staff training. In order to ensure that employees understand the requirements of this chapter and the NR 700 rule series, and to ensure that the agencies will issue approvals when the requirements of this chapter and the NR 700 rule series are satisfied, the department of safety and professional services and DNR shall:
SPS 346.12(1)
(1) Identify interagency staff training needs at least once each year. Each agency shall list interagency staff training needs that have been identified in order of priority and shall provide that list to the other agency by May 1 of each year.
SPS 346.12(2)
(2) Agree by July 1 of each year on the staff training that is to be jointly conducted before July 1 of the following year. This agreement is to include the subject of the training, the approximate date on which it will be conducted, the preferred training provider, and the estimated cost of training.
SPS 346.12(3)
(3) Develop procedures to receive recommendations on interagency staff training needs from interested parties outside the agencies before finalizing training plans.
SPS 346.12 History
History: Cr.
Register, February, 2001, No. 542, eff. 3-1-01; correction in (intro.) made under s.
13.92 (4) (b) 6., Stats.,
Register December 2011 No. 672.
SPS 346.13
SPS 346.13
Dispute resolution. Any disputes between the department of safety and professional services and DNR under this chapter shall be subject to the following dispute resolution process:
SPS 346.13(1)
(1) Project managers shall discuss their differences, and the basis for them, in an attempt to resolve the dispute.
SPS 346.13(2)
(2) If the dispute is not resolved by the project managers, the decision shall be referred to the project managers' supervisors.
SPS 346.13(3)
(3) If the dispute is not resolved by the project managers' supervisors, the decision shall be referred to the appropriate division administrators or deputy administrators.
SPS 346.13(4)
(4) If the dispute still remains unresolved at the division administrator level, the department secretaries shall make the final decision.
SPS 346.13 History
History: Cr.
Register, February, 2001, No. 542, eff. 3-1-01; correction in (intro.) made under s.
13.92 (4) (b) 6., Stats.,
Register December 2011 No. 672.
