Note: The department recommends that at a minimum, the current ASTM standards standard practices be followed when conducting Phase phase I and Phase phase II environmental assessments. The department may require information or sampling that is additional to ASTM standard practices, depending upon on the property conditions and the applicable regulatory authority, for example, at a property for which a person is seeking the voluntary party liability exemption under s. 292.15, Stats. When a person is seeking liability protections under CERCLA the person should follow EPA’s requirements contained in 40 CFR Part 312. See EPA’s web page at: www.epa.gov for more information. Section 17 NR 700.03 (43r) (Note 2) is created to read:
NR 700.03 (43r) Note: ASTM standard practice E1903-19, Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process, is on file at the department and the legislative reference bureau and is available for purchase from ASTM International at 100 Barr Harbor Drive, PO Box C700, West Conshokocken, PA 19428–2959, or at https://www.astm.org/. Section 18 NR 700.03 (45e) is repealed.
Section 19 NR 700.03 (54) is repealed and recreated to read:
NR 700.03 (54) “Sediment” has the meaning specified under s. 292.01 (17g), Stats. Section 20 NR 700.03 (54) (Note) and (54m) and (Note) are created to read:
NR 700.03 (54) Note: Section 292.01 (17g), Stats., defines “sediment” to mean “particles in the bed of a navigable water up to the ordinary high-water mark that are derived from the erosion of rock, minerals, soil, and biological materials and from chemical precipitation from the water column and that are transported or deposited by water.” (54m) “Sediment cover” has the meaning specified under s. 292.01 (17m), Stats. Note: Under s. 292.01 (17m), Stats., “sediment cover” means “a layer of uncontaminated sand or similar material that is deposited on top of contaminated sediment.” Section 21 NR 700.03 (56) (intro.) and (a) are amended to read:
NR 700.03 (56) “Site” means any of the following:
(a) Any site or facility as defined under s. 292.01 (18), Stats., including a waste site as defined in under s. 292.01 (21), Stats.; or Section 22 NR 700.03 (56) (Note) and (59s) and (Note) are created to read:
NR 700.03 (56) Note: Section 292.01 (18), Stats. defines “site or facility” to mean, “except in s. 292.35, an approved facility, an approved mining facility, a nonapproved facility or a waste site.” (59s) “Structural impediment” means one or more objects at a site or facility that prevent the completion of a site investigation to determine the degree and extent of contamination, the completion of a remedial action, or both.
Note: Examples of objects that may be structural impediments include: buildings, dams, bridge abutments, and utilities.
Section 23 NR 700.03 (60) is amended to read:
NR 700.03 (60) “Submittal” means any document, report, plan, set of specifications, engineering design, electronic file, or scientific evaluation of site data that is prepared to satisfy the requirements of chs. NR 700 to 754 799 or to request department assistance under s. 292.55, Stats. Section 24 NR 700.05 (1) and (2) are amended to read:
NR 700.05 (1) Except as provided under sub. (2), any record, report or other information furnished to, or obtained by, the department in the administration of chs. NR 700 to 754 799 is a public record subject to the provisions of ss. 19.21, 19.31 to 19.39, Stats., and s. NR 2.195. (2) If confidential status is sought for any record, report or other information furnished to or obtained by the department under chs. NR 700 to 754 799, the standards and procedures in under s. NR 2.19 are applicable to all sites and facilities, and the standards and procedures in under s. 289.09 (2), Stats., are applicable to the owners and operators of solid waste facilities. Section 25 NR 700.07 is repealed and recreated to read:
NR 700.07 Incorporation by reference. The following materials are incorporated by reference:
(1) “Test Methods for Evaluating Solid Waste: Physical/Chemical Methods Compendium, SW-846, as amended by Final Updates I, II, IIA, IIB, III, IIIA, IIIB, IV, V, and VI,” referenced in s. NR 716.13 (12). Note: Copies of “Test Methods for Evaluating Solid Waste: Physical/Chemical Methods Compendium, SW-846, as amended by Final Updates I, II, IIA, IIB, III, IIIA, IIIB, IV, V, and VI,” are available for inspection at the offices of the department and the legislative reference bureau. Copies may be obtained from the Government Printing Office, Room 190, Federal Building, 517 East Wisconsin Avenue, Milwaukee, WI 53202 and may be accessed at the U.S. EPA’s web site at: http://www.epa.gov. (2) “National Functional Guidelines for Organic Superfund Methods Data Review (SOM02.4)” and “National Functional Guidelines for Inorganic Superfund Methods Data Review (ISM02.4),” referenced in s. NR 716.13 (18). Note: Copies of “National Functional Guidelines for Organic Superfund Methods Data Review (SOM02.4)” and “National Functional Guidelines for Inorganic Superfund Methods Data Review (ISM02.4)” may be obtained directly from the U.S. EPA’s website at www.epa.gov. Copies are also on file at the offices of the department and the legislative reference bureau. (3) “U.S. EPA office of solid waste and emergency response directive 9200.1-120,” referenced in s. NR 720.12 (3). (4) “ASTM E1527-13, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process,” referenced in s. NR 700.03 (43g). Note: ASTM standard practice E1527-13, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, is on file at the offices of the department and the legislative reference bureau and is available for purchase from ASTM International at 100 Barr Harbor Drive, PO Box C700, West Conshokocken, PA 19428–2959, or at https://www.astm.org/. (5) “ASTM E1903-19 Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process,” referenced in s. NR 700.03 (43r). Note: ASTM standard practice E1903-19, Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process, is on file at the offices of the department and the legislative reference bureau and is available for purchase from ASTM International at 100 Barr Harbor Drive, PO Box C700, West Conshokocken, PA 19428–2959, or at https://www.astm.org/. Section 26 NR 700.11 (1) (a) is repealed and recreated to read:
NR 700.11 (1) (a) A responsible party shall submit site progress reports on a reporting form provided by the department that includes all of the following:
1. A summary of the completed work and additional work planned to adequately complete the response action at the site or facility.
2. A proposed schedule for the project, including dates for completing additional work planned to complete the response action.
3. A description of any imminent threats related to the hazardous substance discharge and environmental pollution identified and any immediate actions taken within the reporting period.
Section 27 NR 700.11 (1) (a) (Note) is repealed.
Section 28 NR 700.11 (1) (ae) and (am) are created to read:
NR 700.11 (1) (ae) Unless otherwise directed by the department, a responsible party shall hire an environmental consultant meeting the requirements under ch. NR 712 and shall provide the name of the consultant and qualifications of the consultant under ch. NR 712 to the department no later than 30 days after issuance of a letter from the department directing the responsible party to take action under ch. 292, Stats. (am) A responsible party shall submit the site progress reports required under par. (a) to the department on or before every January 1 and July 1 until case closure is granted by the department. The first site progress report shall be submitted to the department no later than 6 months after the responsible party notifies the department of the discharge under s. NR 706.05. The department may require progress reports be submitted at a different frequency than semi-annually. Section 29 NR 700.11 (3g) and (Note 1) are amended to read:
NR 700.11 (3g) Number and format of submittals. One paper copy and one electronic copy of each plan or report shall be submitted to the department, unless otherwise directed by the department. The electronic copy shall be submitted on optical disk media and may not be submitted as electronic mail attachments unless specifically approved in advance using electronic methods approved by the department. Electronic copy files shall have a minimum resolution of 300 dots per inch, and may not be locked or password protected. The department may request that the electronic copy of sampling results be submitted in a format that can be managed in software approved by the department. An electronic copy of certain types of voluminous attachments or appendices may be substituted for the paper copy, if specifically approved in advance by the department. All documents shall be digital format versions rather than scanned versions except documents that are only available as scanned versions. Deeds and legal descriptions may be scanned versions. All information submitted shall be legible. Document submittals to the department are public records unless confidentiality is granted through limited scope of the procedure found under s. NR 700.05. Submittals shall not indicate a document is confidential, settlement confidential, privileged or limited in applicability or use by future property owners or the department. Note: Guidance for GIS Registry submittals outlines how electronic copies should be submitted in the Adobe Portable Document Format (PDF) on optical disk media approved methods for submitting documents. This guidance can be accessed at http://dnr.wi.gov/files/PDF/pubs/rr/RR690.pdf. Section 30 NR 700.11 (3g) (Note 2) (Note 3) and (Note 4) are repealed.
Section 31 NR 700.11 (3r) is amended to read:
NR 700.11 (3r) Technical or liability assistance. When requesting technical assistance or liability clarification from the department, the each request shall be submitted with any fee required under ch. NR 749 and on a form supplied by the department. Section 32 NR 700.11 (3r) (Note) is repealed and recreated to read:
Section 33 NR 700.11 (4), (5) and (Note) are created to read:
NR 700.11 (4) Completeness. A submittal is not complete and will not be considered to have been received by the department unless the requirements stated within this section are met.
(5) Enforcement. (a) The department may implement any applicable enforcement tools set forth under ch. NR 728 and applicable state laws for violations of this section. (b) Any person who violates this section may be subject to penalties under s. 292.99 (1), Stats. Note: Section 292.99 (1), Stats., states “…any person who violates this chapter or any rule promulgated or any plan approval, license or special order issued under this chapter shall forfeit not less than $10 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. While an order is suspended, stayed or enjoined, this penalty does not accrue.” Section 34 NR 700.13 (1) and (1m) are amended to read:
NR 700.13 (1) General requirements. All sampling, preservation, extraction, and analytical methods used for compliance with chs. NR 700 to 754 799 shall be done according to the requirements in under s. NR 716.13. (1m) Use of gasoline range organics/; diesel range organics analysis. Soil or groundwater analyses for gasoline range organics or diesel range organics conducted for screening purposes shall be completed in accordance with the “Modified GRO, Method for Determining Gasoline Range Organics” and the “Modified DRO, Method for Determining Diesel Range Organics.” For purposes of this section, the term “screening purposes” means sampling conducted during site investigations, environmental assessments or other activities in compliance with under chs. NR 700 to NR 754 799 for purposes of determining whether a discharge has occurred or to estimate the degree and extent of contamination. Section 35 NR 700.15 is created to read:
NR 700.15 Property information. (1) Deed and parcel information. (a) Unless otherwise provided by the department in writing, and except as provided under par. (b), where deed and parcel information is required under chs. NR 700 to 799, the person subject to deed and parcel information requirements under chs. NR 700 to 799 shall submit all of the following information for each right-of-way and property within or partially within the contaminated site boundaries: 1. A copy of the most recent recorded deed. If the most recent recorded deed does not include a legal description, then the most recent deed that includes the legal description shall be included in addition to the most recent recorded deed. In situations where a buyer has purchased property under a land contract and has not yet received a recorded deed, a copy of the land contract that includes the legal description shall be submitted.
2. A copy of the certified survey map or the relevant portion of the recorded plat map for those properties where the legal description in the most recent recorded deed or land contract refers to a certified survey map or a recorded plat map. In cases where the certified survey map or recorded plat map are not legible or are unavailable, a copy of a parcel map from a county land information office may be substituted. A copy of a parcel map from a county land information office shall be legible, and the parcels identified in the legal description shall be clearly identified and labeled with the applicable parcel identification number.
3. The most recent parcel identification numbers for each property.
(b) Copies of deeds, or other documents with legal descriptions, are not required to be submitted for any of the following:
1. Contaminated navigable waterways, riverbeds, or lakebeds, or any other situations where contaminated sediment exists and deeds are not available to evidence riparian ownership.
2. Contaminated public-street or highway rights-of-way or railroad right-of-way unless the source of the contamination is in the right-of-way.
(c) At properties where the department determines that the deed does not provide adequate proof of ownership for all or part of the property, or does not clearly establish property boundaries, or both, the department may require any other documentation that establishes legal ownership, property boundaries, or both.
(2) Geographic position. Unless otherwise provided by the department in writing, where geographic position information is required under chs. NR 700 to 799, the responsible party shall obtain and submit to the department information for each property within or partially within the contaminated site boundaries in accordance with all of the following requirements: (a) Format. For all properties, a single point geographic position shall be obtained for a location as close to the center of the property as possible. If requested by the department, coordinates describing the approximate location of the property's boundaries, forming a polygon, shall be obtained and submitted.
(b) Geographic coordinates. Latitude and longitude coordinates shall be submitted in decimal degrees format with a precision of 6 digits right of the decimal.
(c) Acceptable methods. Acceptable methods for obtaining geographic position data include direct location or interpolation from other features using a base map of 1:24000 scale or finer, aerial photography of 18-inch resolution or finer, mapping grade or better global positioning system technology, or other methods providing comparable accuracy that have been approved by the department.
Section 36 NR 706.05 (1) (c) 3m. is amended to read:
NR 706.05 (1) (c) 3m. Location of the hazardous substance discharge including street address, county, town, city or village, if appropriate, quarter-quarter section, township, range, geographic position obtained in accordance with the requirements of s. NR 716.15 (5) (d) under s. NR 700.15 (2), and legal description of lot, if located in a platted area. Section 37 NR 706.05 (1) (c) 3m. (Note) is repealed.
Section 38 NR 706.05 (2) is amended to read:
NR 706.05 (2) Containment, cleanup, disposal, and restoration. Responsible parties shall comply with the requirements of chs. NR 700 to 754 799 for response actions to discharges of hazardous substances. Section 39 NR 706.07 (2) (b) 1. is amended to read:
NR 700.07 (2) (b) 1. The discharged substance has not evaporated or has not been cleaned up in compliance with the requirements of chs. NR 700 to 754 799. Section 40 NR 708.02 (2) (Note) is amended to read:
NR 708.02 (2) Note: Persons who wish to conduct response actions that will be consistent with the requirements of CERCLA and the NCP may request that the department enter into a contract with them pursuant to s. 292.31, Stats., or a negotiated agreement under s. 292.11 (9) (e) 4., Stats. However, a CERCLA–quality response action will likely require compliance with additional requirements beyond those contained in under chs. NR 700 to 754 799 in order to be consistent with CERCLA and the NCP. Section 41 NR 708.05 (4) (h), (5) (b), and (6) (c) 3. are amended to read:
NR 708.05 (4) (h) Removing the contaminated soil or sediment, debris or the any hazardous substance that was discharged, or environmental pollution, in compliance with s. NR 708.11 (3) (e). (5) (b) Contaminated soils, as defined in under s. NR 718.03 (5), or contaminated sediment, as defined under s. NR 700.03 (7m), that are excavated or dredged as part of an immediate action are exempt from the storage requirements of s. NR 718.05 and the solid waste regulatory requirements of ch. 289, Stats., and chs. NR 500 to 538, for a period of 72 hours after the initial excavation or dredging of the contaminated soils or sediment. (6) (c) 3. Location of the site or facility, or discharge incident, including street address; quarter–quarter section, township, range, and county; and the location information specified in s. NR 716.15 (5) (d) under s. NR 700.15 (2); latitude and longitude, and legal description of lot, if located in platted area. Section 42 NR 708.09 (1) (f) is amended to read:
NR 708.09 (1) (f) Migration potential of the contamination any hazardous substance discharge or environmental pollution, including soil and sediment conditions, proximity to surface water bodies, location of drains or storm sewers, depth to groundwater and the integrity of any containment area engineering control.
Section 43 NR 708.09 (2) (d) is created to read:
NR 708.09 (2) (d) There is visual or analytical evidence that any contaminated sediment or contaminated surface water may be present or is confirmed to be present.
