NR 169.05 Note Note: Section 292.65 (1) (h), Stats., states that “operator" means any of the following:
NR 169.05 Note1. A person who holds the license under s. 77.9961 (2), Stats., for a dry cleaning facility.
NR 169.05 Note 2. A subsidiary or parent corporation of the person specified under subd. 1.
NR 169.05 Note 3. A person who operated a dry cleaning facility that ceased operating before October 14, 1997.
NR 169.05 Note 4. A person who operated a dry cleaning facility that ceased operation after October 13, 1997, but that was licensed under s. 77.9961 (2) before it ceased operation.
NR 169.05(18) (18) “Owner" has the meaning specified under s. 292.65 (1) (i), Stats.
NR 169.05 Note Note: Section 292.65 (1) (i), Stats., states that “owner" means any of the following:
NR 169.05 Note 1. A person who owns, or has possession or control of, and who receives or received direct or indirect consideration from the operation of any of the following:
NR 169.05 Notea. A dry cleaning facility that is licensed under s. 77.9961 (2), Stats.
NR 169.05 Note b. A dry cleaning facility that has ceased operation but that, if it ceased operation on or after October 14, 1997, was licensed under s. 77.9961 (2), Stats., before it ceased operation.
NR 169.05 Note 2. A subsidiary or parent corporation of the person specified under subd. 1.
NR 169.05 Note 3. A person who owns the property on which one of the following is located:
NR 169.05 Notea. A dry cleaning facility that is licensed under s. 77.9961 (2), Stats.
NR 169.05 Note b. A dry cleaning facility that has ceased operation but that was licensed under s. 77.9961 (2), Stats., before it ceased operation and was licensed and operating while the person owned the property.
NR 169.05 Note Note: A person who owns property on which a licensed dry cleaning facility was located during part of the period when the dry cleaning facility operated is eligible for this reimbursement program. Eligibility does not transfer to subsequent property owners.
NR 169.05 Note Note: A facility has ceased operation when it is no longer capable of dry cleaning clothes and is no longer subject to the licensing requirements of s. 77.9961, Stats. Facilities that have ceased operation can include those that have been converted to dry stores or laundromats.
NR 169.05 Note Note: Rent payments from a dry cleaner operation are not considered “ indirect consideration" from the operation of the dry cleaner.
NR 169.05(20) (20) “Qualification based selection" means a selection process that provides an owner or operator an objective and logical way to choose a professional consultant based on the consultant's qualifications and competence as they relate to the specific project.
NR 169.05(21) (21) “Remedial action" has the meaning specified in s. NR 700.03 (48).
NR 169.05 Note Note: Section NR 700.03 (48) reads: “Remedial action" or “remedy" means those response actions, other than immediate or interim actions, taken to control, minimize, restore, or eliminate the discharge of hazardous substances or environmental pollution so that the hazardous substances or environmental pollution do not present an actual or potential threat to public health, safety, or welfare or the environment. The term includes actions designed to prevent, minimize, stabilize, or eliminate the threat of discharged hazardous substances, and actions to restore the environment to the extent practicable and meet all applicable environmental standards. Examples include storage, disposal, containment, treatment, recycling, or reuse, and any monitoring required to assure that such actions protect public health, safety, or welfare or the environment.
NR 169.05(23) (23) “Response action" means an immediate action, interim action, site investigation or remedial action as defined in s. NR 700.03.
NR 169.05(24) (24) “Service provider" has the meaning specified in s. 292.65 (1) (L), Stats.
NR 169.05 Note Note: Section 292.65 (1) (L), Stats., states that “service provider" means a consultant, testing laboratory, monitoring well installer, soil boring contractor, other contractor or any other person who provides a product or service for which an application for reimbursement has been or will be filed under this section, or a subcontractor of such a person.
NR 169.05(25) (25) “Site investigation" has the meaning specified in s. NR 700.03 (57).
NR 169.05 Note Note: Section NR 700.03 (57) states that “site investigation" means an investigation undertaken in conformance with ch. NR 716.
NR 169.05(26) (26) “Site investigation report" includes those items specified in s. NR 716.15.
NR 169.05(27) (27) “Site investigation scoping" means a report prepared to identify releases from a dry cleaning facility or to ensure that the scope and detail of a subsequent field investigation is appropriate to the complexity of the facility and which evaluates all the following items:
NR 169.05(27)(a) (a) History of the facility, including the location of dry cleaning equipment and chemical and filter storage.
NR 169.05(27)(b) (b) Knowledge of the type of contamination and the amount of the contamination.
NR 169.05(27)(c) (c) Environmental media affected or potentially affected by the contamination.
NR 169.05(27)(d) (d) Location of the site or facility and its proximity to other sources of contamination.
NR 169.05(27)(e) (e) Assessment of potential or known impacts to receptors.
NR 169.05 Note Note: “Receptors" has the same meaning as in s. NR 700.03 (47), which defines “receptors" as “environmental resources, including but not limited to, plant and animal species and humans, sensitive environments and habitats, water supply wells, and buildings or locations that have the potential to be, or have actually been, exposed to contamination."
NR 169.05(27)(f) (f) Assessment of potential or known impacts to sensitive areas including wetlands, outstanding resource waters and exceptional resource waters, and sites or facilities of historical or archaeological significance.
NR 169.05(27)(g) (g) A map showing the site boundaries, location of source areas, including utility corridors, sewer lines, adjacent streets, receptor locations and sample locations and results of sampling.
NR 169.05 Note Note: The purpose of the site investigation scoping is to document a release from a dry cleaning facility and provide sufficient data to develop an adequate workplan for a ch. NR 716 Site Investigation, if warranted. A limited number of samples per source area per media (soil/water) will be approved as site conditions warrant in order to meet the above objectives.
NR 169.05(28) (28) “Subsidiary or parent corporation" has the meaning specified in s. 292.65 (1) (m), Stats.
NR 169.05 Note Note: Section 292.65 (1) (m), Stats., states that “subsidiary or parent corporation" means a business entity, including a subsidiary, parent corporation or other business arrangement, that has elements of common ownership or control or that uses a long– term contractual arrangement with a person to avoid direct responsibility for conditions at a dry cleaning facility.
NR 169.05(29) (29) “Third party" means a person who is not an owner or operator or the agent of an owner or operator for a particular site.
NR 169.05(29e) (29e) “Vapor action level" has the meaning specified in s. NR 700.03 (66p).
NR 169.05 Note Note: Section NR 700.03 (66p) defines “vapor action level" as “the concentration of vapors from volatile compounds is at or above the 1-in-100,000 (1x10-5) excess lifetime cancer risk or is at or above a hazard index of 1 for non-carcinogens".
NR 169.05 Note Note: Generic tables of risk based concentrations for air in residential and industrial land use scenarios can be found at: http://www.epa.gov/reg3hwmd/risk/human/rb-concentration_table/Generic_Tables/index.htm.
NR 169.05(29m) (29m) “Vapor risk screening level" has the meaning specified in s. NR 700.03 (66w).
NR 169.05 Note Note: Section NR 700.03 (66w) defines “vapor risk screening level" as “the concentration of vapors in samples collected outside a building to estimate indoor vapor concentrations. The vapor risk screening level is equal to the vapor action level multiplied [divided] by an appropriate attenuation factor".
NR 169.05 Note Note: The correct word is shown in brackets. The scientific process for determining a vapor risk screening level is to divide, not multiply, the vapor action level by an appropriate attenuation factor. This error will be corrected in future rulemaking.
NR 169.05 Note Note: Vapor risk screening levels are applied to sub-slab, soil gas and groundwater samples.
NR 169.05(29s) (29s) “Vapors" has the meaning specified in s. NR 700.03 (66y).
NR 169.05 Note Note: Section NR 700.03 (66y) defines “vapors" as “chemicals that are sufficiently volatile and toxic to pose an inhalation risk to human health via vapor intrusion from a soil or groundwater source".
NR 169.05(30) (30) “Workplan" has the meaning specified in s. NR 700.03 (69).
NR 169.05 Note Note: Section NR 700.03 (69) states “workplan" means a plan which outlines the intended scope of a response action, or any phase of a response action, including but not limited to intended methods, procedures and techniques to be used during the response action.
NR 169.05 History History: CR 04-128: cr. Register July 2005 No. 595, eff. 8-1-05; CR 12-023: cr. (12m), (16g), (16r), (29e), (29m), (29s) Register October 2013 No. 694, eff. 11-1-13.
NR 169.07 NR 169.07Eligible applicants.
NR 169.07(1)(1) Owners or operators. Owners or operators who meet the requirements in s. 292.65 (4) (a), Stats., are eligible to apply for reimbursement under this chapter.
NR 169.07 Note Note: Section 292.65 (4) (a), Stats., states that the owner or operator of a dry cleaning facility may apply for reimbursement under s. 292.65, Stats., and lists the provisions with which an owner or operator must comply to be eligible for an award.
NR 169.07 Note Note: The personal representative of an owner or operator may complete the reimbursement process if the owner or operator had submitted a potential claim notification form to the DNR before the owner or operator's death.
NR 169.07(2) (2)Agents.
NR 169.07(2)(a)(a) An agent is an eligible applicant as provided in s. 292.65 (4) (k), Stats.
NR 169.07 Note Note: Section 292.65 (4) (k), Stats., states that an owner or operator may enter into a written agreement with another person under which that other person acts as an agent for the owner or operator in conducting the activities under pars. (e) to (j). If an agreement is entered into under this paragraph, all requirements applicable to an owner or operator under par. (m) and subs. (8) (a), (8m) and (12) apply to the agent. The owner or operator or the agent may submit the application for an award under this chapter.
NR 169.07(2)(b) (b) Agent agreements shall include the name of the eligible applicant and the person who will be acting as an agent for the owner or operator in conducting the activities required under s. NR 169.09 and shall be signed and dated by both parties.
NR 169.07(2)(c) (c) Costs incurred prior to a signed, written agency agreement are not eligible for reimbursement under this chapter.
NR 169.07(3) (3)Owners or operators of dry cleaning facilities on tribal trust lands. An owner or operator of dry cleaning facilities on tribal trust lands of an American Indian tribe is an eligible applicant as provided in s. 292.65 (4) (L), Stats.
NR 169.07 Note Note: Section 292.65 (4) (L), Stats., states that the owner or operator of a dry cleaning facility located on trust lands of an American Indian tribe may be eligible for an award under this section if the owner or operator otherwise satisfies the requirements of s. 292.65 (4), Stats., and complies with the rules promulgated under this chapter and any other rules promulgated by the department concerning dry cleaning facilities.
NR 169.07 History History: CR 04-128: cr. Register July 2005 No. 595, eff. 8-1-05.
NR 169.09 NR 169.09Eligible actions.
NR 169.09(1)(1) General. Eligible actions are those actions that comply with chs. NR 700 to 728, including immediate and interim actions, site investigations and remedial actions.
NR 169.09(1)(a) (a) Immediate and interim actions include those actions identified in ch. NR 708.
NR 169.09(1)(b) (b) Site investigations include those actions identified in ch. NR 716.
NR 169.09(1)(c) (c) Remedial actions include those actions that comply with the standards identified in chs. NR 722 and 724.
NR 169.09(2) (2)Pre-discovery activities.
NR 169.09(2)(a)(a) An eligible applicant may conduct site investigation scoping or equivalent activities before discovering that a release had occurred in order to document that a dry cleaning product release had occurred from the dry cleaning facility associated with the eligible applicant.
NR 169.09(2)(b) (b) Reimbursement of site investigation scoping or other equivalent pre–discovery activities shall be limited to those identified in s. NR 169.05 (27) and are exempt from the contracting and consulting provisions in s. NR 169.23.
NR 169.09(2)(c) (c) Costs for site investigation scoping are eligible site investigation costs if they meet all of the following requirements:
NR 169.09(2)(c)1. 1. They are limited to costs of investigating the discharge of a dry cleaning product from a former or current dry cleaning facility.
NR 169.09(2)(c)2. 2. They result in the documentation of a discharge and subsequent notification of that discharge pursuant to s. 292.11, Stats.
NR 169.09(2)(c)3. 3. The department deems the costs reasonable.
NR 169.09(2)(d) (d) Costs for site investigation scoping or other equivalent pre–discovery activities shall be considered site investigation costs and submitted with the site investigation reimbursement application. Only site investigation scoping or other equivalent pre–discovery actions that result in the documentation of a release of a dry cleaning product from a dry cleaning facility are eligible for reimbursement under this chapter.
NR 169.09(2)(e) (e) Eligible site investigation scoping costs up to $15,000 that are incurred by a third party may be included in an eligible applicant's site investigation reimbursement application if they meet all the following requirements:
NR 169.09(2)(e)1. 1. The costs are approved by the department project manager.
NR 169.09(2)(e)2. 2. The activities for which the costs were incurred resulted in the initial discovery of a dry cleaning solvent release from a dry cleaning facility.
NR 169.09(2)(e)3. 3. The activities for which the costs were incurred meet the requirements of this section.
NR 169.09 Note Note: Section 292.65 (7) (b) 2. Stats., states eligible costs for an award under this section include reasonable and necessary costs, up to $15,000, incurred by a 3rd party in the discovery of a discharge of dry cleaning product from an eligible owner's or operator's dry cleaning facility before the eligible owner or operator discovered the discharge.
NR 169.09(2)(f) (f) All results of the site investigation scoping or other equivalent pre–discovery activities shall be made available to each consultant preparing a site investigation workplan under s. NR 169.23.
NR 169.09 Note Note: If departmental review of site investigation scoping or other equivalent pre–discovery activities is requested, the review will be subject to fees under ch. NR 749. If a release is documented, those fees are eligible expenses for the purpose of reimbursement.
NR 169.09 History History: CR 04-128: cr. Register July 2005 No. 595, eff. 8-1-05.
NR 169.11 NR 169.11Requirements for reimbursement.
NR 169.11(1)(1) General requirements. Costs listed under s. NR 169.13 submitted by an eligible applicant are eligible for reimbursement as follows:
NR 169.11(1)(a) (a) Immediate actions. To receive reimbursement for costs associated with immediate actions, an eligible applicant shall do all the following:
NR 169.11(1)(a)1. 1. Report the discharge to the department as required by s. NR 706.05.
NR 169.11 Note Note: Section NR 706.05 provides that unless exempted under s. NR 706.07, persons who cause the discharge to the environment of a hazardous substance or who possess or control a hazardous substance which is discharged to the environment shall immediately notify the department of the discharge. The toll free hot–line for spill reporting is 1–800–943–0003.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.