Register October 2013 No. 694
Chapter NR 724
REMEDIAL AND INTERIM ACTION DESIGN, IMPLEMENTATION, OPERATION, MAINTENANCE AND MONITORING REQUIREMENTS
NR 724.01   Purpose.
NR 724.02   Applicability.
NR 724.03   Definitions.
NR 724.05   General submittal requirements.
NR 724.07   Department response.
NR 724.09   Design report.
NR 724.11   Design plans and specifications.
NR 724.13   Operation and maintenance.
NR 724.15   Documentation of construction and completion.
NR 724.17   Long-term monitoring.
NR 724.19   Application of new environmental standards.
Ch. NR 724 Note Note: Chapter NR 724 as it existed on April 30, 1995 was repealed and a new chapter NR 724 was created effective May 1, 1995.
Ch. NR 724 Note Note: Corrections made under s. 13.93 (2m) (b) 7., Stats., Register, February, 1997, No. 494.
NR 724.01 NR 724.01 Purpose. The purpose of this chapter is to specify the requirements for the design, implementation, operation, maintenance and monitoring of remedial actions and certain types of interim actions. This chapter is adopted pursuant to ss. 227.11 (2), 287.03, and 289.06 (1) and (2), Stats., and ch. 292, Stats.
NR 724.01 History History: Cr. Register, April, 1995, No. 472, eff. 5-1-95; am. Register, February, 1996, No. 482, eff. 3-1-96; CR 12-023: am. Register October 2013 No. 694, eff. 11-1-13.
NR 724.02 NR 724.02 Applicability.
NR 724.02(1)(1) This chapter applies to all remedial actions and to the following types of interim actions taken by responsible parties, at sites, facilities or portions of a site or facility that are subject to regulation under ch. 292, Stats., regardless of whether there is direct involvement or oversight by the department:
NR 724.02(1)(a) (a) On–site treatment systems, including groundwater extraction and other remedial treatment systems.
NR 724.02(1)(b) (b) On-site engineering controls or barriers, including engineered landfill covers or groundwater barrier systems.
NR 724.02(1)(bm) (bm) Vapor mitigation systems.
NR 724.02 Note Note: Remedial actions to actively remediate vapor contaminant sources fall under pars. (a) or (b).
NR 724.02(1)(c) (c) Any other type of interim action when the department determines, on a case-by-case basis, that a design report required under s. NR 724.09 is necessary prior to implementation.
NR 724.02 Note Note: This chapter does not apply to emergency or non-emergency immediate actions or to those types of interim actions that are not listed in s. NR 724.02 (1).
NR 724.02(2) (2) The department may exercise enforcement discretion on a case–by–case basis and choose to regulate a site, facility or a portion of a site or facility under only one of a number of potentially applicable statutory authorities. However, where overlapping restrictions or requirements apply, the more restrictive requirements shall control. The department shall, after receipt of a written request and appropriate ch. NR 749 fee from a responsible party, provide a letter that indicates which regulatory program or programs the department considers to be applicable to a site or facility.
NR 724.02 Note Note: Sites or facilities or portions of a site or facility that are subject to regulation under ch. 292, Stats., may also be subject to regulation under other statutes, including the solid waste statutes in ch. 289, Stats., or the hazardous waste management act, ch. 291, Stats., and the administrative rules adopted pursuant to those statutes. In addition, federal authorities such as CERCLA, RCRA, or TSCA may also apply to a site or facility or portions of a site or facility. One portion of a site or facility may be regulated under a different statutory authority than other portions of that site or facility.
NR 724.02 Note Note: Persons who wish to conduct response actions that will be consistent with the requirements of CERCLA and the National Contingency Plan (NCP) may request that the department enter into a contract with them pursuant to s. 292.31 or a negotiated agreement under s. 292.11 (7) (d), Stats. However, a CERCLA–quality response action will likely require compliance with additional requirements beyond those contained in chs. NR 700 to 754 in order to be consistent with CERCLA and the NCP.
NR 724.02(3) (3) This chapter applies to all remedial actions and to those types of interim actions that are specified in sub. (1) taken by the department under the authority of ch. 292, Stats. In this chapter, where the term “responsible parties" appears, it is to be read to include the department in situations where a department–funded response action is being taken.
NR 724.02(4) (4) This chapter applies to all remedial action and to those types of interim actions that are specified in sub. (1) taken by persons seeking the liability exemption under s. 292.15, Stats. In this chapter, where the term “responsible parties" appears, it shall read to include the “voluntary parties" where an action is being taken to comply with s. 292.15.
NR 724.02 History History: Cr. Register, April, 1995, No. 472, eff. 5-1-95; cr. (4), Register, February, 1996, No. 482, eff. 3-1-96; CR 12-023: am. (1) (intro.), (a), cr. (1) (bm), am. (2) to (4) Register October 2013 No. 694, eff. 11-1-13.
NR 724.03 NR 724.03 Definitions. The definitions in s. NR 700.03 apply to this chapter. In this chapter, where the term “responsible parties" appears, it shall be read to include “voluntary parties" where an action is being taken to comply with s. 292.15, Stats.
NR 724.03 History History: Cr. Register, April, 1995, No. 472, eff. 5-1-95; am., Register, February, 1996, No. 482, eff. 3-1-96; CR 12-023: am. Register October 2013 No. 694, eff. 11-1-13.
NR 724.05 NR 724.05 General submittal requirements.
NR 724.05(2)(2) General requirements. Unless otherwise directed by the department, responsible parties shall submit the plans and reports required by this chapter in compliance with all of the following requirements:
NR 724.05(2)(a) (a) The plans, reports and specifications required by ss. NR 724.09, 724.11, 724.13 (2) and 724.17 (2) shall be submitted simultaneously and may be combined in a single report.
NR 724.05(2)(b) (b) One paper copy and one electronic copy of each plan or report shall be submitted to the department, in accordance with s. NR 700.11 (3g).
NR 724.05 Note Note: Electronic copies should be submitted in the Adobe Portable Document Format (PDF) on optical disk media. Guidance on electronic submittals can be accessed at http://dnr.wi.gov/files/PDF/pubs/rr/RR690.pdf.
NR 724.05(2)(c) (c) The department may require by the issuance of an administrative order or consent order that these plans and reports be prepared in accordance with a site-specific schedule.
NR 724.05(2)(d) (d) At sites or facilities where multiple remedial or interim actions are taken, all of the following requirements apply:
NR 724.05(2)(d)1. 1. All submittals required by this chapter shall include a brief discussion of the interrelationship between the actions.
NR 724.05(2)(d)2. 2. The design report required by s. NR 724.09 and the design plans and specifications required by s. NR 724.11 that are prepared for subsequent remedial or interim actions may include the design details for the subsequent action without repeating design work that was included in previous submittals to the department for other remedial or interim actions.
NR 724.05(2)(e) (e) Each submittal under this chapter shall include all of the following:
NR 724.05(2)(e)1. 1. A brief cover letter that includes:
NR 724.05(2)(e)1.a. a. The month, day and year of the submittal.
NR 724.05(2)(e)1.b. b. The department-issued identification number for the site or facility.
NR 724.05(2)(e)1.c. c. The purpose of the submittal and the desired department action or response.
NR 724.05(2)(e)1.d. d. A brief narrative summarizing the contents of the submittal.
NR 724.05(2)(e)1.e. e. The regulatory status of the site or facility.
NR 724.05(2)(e)2. 2. A report or plan that includes following general information:
NR 724.05(2)(e)2.a. a. Project title and purpose, including the department-issued identification number for the site or facility.
NR 724.05(2)(e)2.b. b. Name, address, and telephone number of the property owner, lessee, operator or any individual or company responsible for the discharge of hazardous substances or environmental pollution on the site or facility.
NR 724.05(2)(e)2.c. c. Name, address, and telephone number of any consultants or contractors involved with the response action at the site or facility.
NR 724.05(2)(e)2.d. d. Site name, address, and location by quarter–quarter section, township, range and county, geographic position determined in accordance with the requirements of s. NR 716.15 (5) (d), and the latitude and longitude of the property.
NR 724.05(2)(e)2.e. e. A location map that meets the requirements of s. NR 716.15 (4) (a).
NR 724.05(2)(e)2.f. f. Month, day and year of the submittal.
NR 724.05(2)(e)2.g. g. A summary of the nature and extent of contamination at the site or facility.
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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.