Chapter NR 708

NR 708.02 Note Note: Sites, facilities or portions of a site or facility that are subject to regulation under s. 292.11 or 292.31, Stats., may also be subject to regulation under 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. One portion of a site or facility may be regulated under a different statutory authority than other portions of that site or facility.

NR 708.02 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; cr. (2m), Register, February, 1996, No. 482, eff. 3-1-96; CR 12-023: am. (1), cr. (2r) Register October 2013 No. 694, eff. 11-1-13.

NR 708.03 NR 708.03 Definitions. In this chapter:

NR 708.03(1) (1) “Economic development corporation” has the meaning described in s. 501 (c) of the Internal Revenue Code, as defined in s. 71.22 (4), Stats., that is exempt from federal taxation under section 501 (a) of the Internal Revenue Code, or an entity wholly owned and operated by such a corporation, with respect to property acquired to further the economic development purposes that exempt the corporation from federal taxation.

NR 708.03(2) (2) “Local governmental unit” has the meaning specified in s. 292.11 (9) (e) 1., Stats.

NR 708.03 Note Note: Section 292.11 (9) (e) 1., Stats., defines “local governmental unit” to mean “a municipality, a redevelopment authority created under s. 66.1333, a public body designated by a municipality under s. 66.1337 (4), a community development authority or a housing authority.”

NR 708.03 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; CR 12-023: am. (intro.), cr. (1), (2) Register October 2013 No. 694, eff. 11-1-13.

NR 708.05 NR 708.05 Immediate actions.

NR 708.05(1) (1) General. Unless otherwise directed by the department, responsible parties shall immediately take action to halt a hazardous substance discharge or environmental pollution and to minimize the harmful effects of the discharge or environmental pollution to the air, lands or waters of the state.

NR 708.05 Note Note: Section 292.11 (2) (a), Stats., and ch. NR 706 require that the department be notified immediately of hazardous substance discharges.

NR 708.05(2) (2) Emergencies. For hazardous substance discharges that pose an imminent threat to public health, safety or welfare or the environment, responsible parties shall conduct all necessary emergency immediate actions. Once the emergency situation is responded to, responsible parties shall conduct any further response actions needed to restore the environment to the extent practicable, unless the department determines that no further response is necessary in accordance with s. NR 708.09.

NR 708.05 Note Note: Responsible parties are also required by s. 323.71 (1), Stats., to immediately conduct emergency action to protect public health and safety and to prevent damage to property in cooperation with local police and fire departments, county sheriffs, and county offices of emergency government.

NR 708.05(3) (3) Non-emergencies.

NR 708.05(3)(a) (a) Responsible parties shall take all necessary, non-emergency immediate actions to halt the discharge of a hazardous substance and to contain, treat or remove discharged hazardous substances, environmental media or both, in order to minimize the harmful effects of the discharge to the air, lands and waters of the state and to restore the environment to the extent practicable.

NR 708.05(3)(b) (b) A response to a hazardous substance discharge and any related contaminated media shall be considered by the department as a non-emergency immediate action when all of the following criteria are met:

NR 708.05(3)(b)1. 1. The discharge does not pose an imminent threat to public health, safety, or welfare or the environment.

NR 708.05(3)(b)2. 2. The response does not result in the excavation and disposal, treatment, or storage of more than 100 cubic yards of contaminated soil, debris, sediment, or a combination of these media from a single site or facility, unless an alternative volume is approved by the department.

NR 708.05(3)(b)3. 3. The discharge is responded to immediately after the hazardous substance discharge occurs or is responded to immediately after discovery.

NR 708.05 Note Note: Responsible parties are required to notify the department immediately of a hazardous substance discharge, in accordance with the requirements of ch. NR 706.

NR 708.05(3)(b)4. 4. At the completion of the response action, no further action is required by the department under s. NR 708.09.

NR 708.05 Note Note: If further action is required after a non–emergency response action is taken, that action meets the definition of “interim action” in s. NR 700.03 (29). The principal distinction between a non–emergency immediate action and an interim action is that a site investigation will generally be required in conjunction with an interim action but not with a non–emergency immediate action. In addition, interim actions will be closed out using the criteria in ch. NR 726, not the “no further action” criteria in s. NR 708.09.

NR 708.05(3)(c) (c) Responsible parties shall conduct sampling at the completion of an immediate action, in accordance with the requirements of ss. NR 712.05 and 716.13, when any of the following conditions are met:

NR 708.05(3)(c)1. 1. The hazardous substance discharge or environmental pollution is in contact with groundwater.

NR 708.05(3)(c)2. 2. The amount, identity or duration of the hazardous substance discharge or environmental pollution is unknown.

NR 708.05(3)(c)3. 3. Where other site or facility conditions indicate that sampling is necessary to confirm the adequacy of the immediate action.

NR 708.05(4) (4) Specific actions. Immediate actions may include any of the following:

NR 708.05(4)(a) (a) Limiting public access to the site or facility.

NR 708.05(4)(b) (b) Identifying, monitoring and mitigating fire, explosion and vapor hazards, which may include free product removal. Free product removal shall be conducted in accordance with the requirements of s. NR 708.13 and documented in accordance with s. NR 708.15.

NR 708.05(4)(c) (c) Visually inspecting the site or facility and installing physical containment barriers such as berms, booms, dikes or trenches.

NR 708.05(4)(d) (d) Preventing the flushing of hazardous substances to sewer systems, state waters or environmental media or habitats.

NR 708.05(4)(e) (e) Plugging or overpacking leaking containers which contain or are suspected to contain hazardous substances.

NR 708.05(4)(f) (f) Providing alternate water supplies to persons whose water supply has been or is likely to be affected by the migration of contamination.

NR 708.05(4)(g) (g) Removing hazardous substances from leaking underground storage tank systems.

NR 708.05(4)(h) (h) Removing the contaminated soil, debris or the hazardous substance that was discharged, in compliance with s. NR 708.11 (3) (e).

NR 708.05(4)(i) (i) Measuring for the presence of free product, visually or through field samples or other appropriate methods.

NR 708.05(5) (5) Exemptions.

NR 708.05(5)(a) (a) The provisions of chs. NR 712, 716 and 724 do not apply to immediate actions conducted by responsible parties, unless compliance with a portion of these chapters is specifically required in this chapter.

NR 708.05(5)(b) (b) Contaminated soils, as defined in s. NR 718.03 (5), that are excavated 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 of the contaminated soils.

NR 708.05(6) (6) Documentation.

NR 708.05(6)(a) (a) Unless par. (b) is applicable or unless otherwise directed by the department, responsible parties shall prepare and submit written documentation to the department describing the immediate actions taken at their site or facility and the outcome of those actions, within 45 days after the initial hazardous substance discharge notification is given to the department in accordance with the requirements of ch. NR 706.

NR 708.05(6)(b) (b) Where a discharge from a UST has occurred, responsible parties shall prepare and submit written documentation to the department within 20 days after notifying the department of a hazardous substance discharge in accordance with the requirements of ch. NR 706.

NR 708.05(6)(c) (c) The written documentation required of the responsible parties pursuant to par. (a) or (b) shall include all of the following:

NR 708.05(6)(c)1. 1. A statement expressing the purpose of the submittal and the desired department action or response.

NR 708.05(6)(c)2. 2. Name, address and telephone number of the responsible parties.

NR 708.05(6)(c)3. 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); latitude and longitude, and legal description of lot, if located in platted area.

NR 708.05(6)(c)4. 4. Any information required under ch. NR 706 that has not been provided to the department previously.

NR 708.05(6)(c)5. 5. The type of engineering controls, treatment or both and the effluent quality of any permitted or licensed discharge.

NR 708.05(6)(c)6. 6. The type, total volume and final disposition of the discharged hazardous substance and contaminated materials generated as part of the immediate action, including legible copies of manifests, receipts and other relevant documents.

NR 708.05(6)(d) (d) Responsible parties may include the information required in par. (c) with a final report and letter of compliance required in s. NR 708.09 which documents that the immediate response action is complete and no further action is necessary to respond to a hazardous substance discharge or environmental pollution, provided that the information required in par. (c) is submitted within 45 days after the initial hazardous substance discharge notification is given to the department.

NR 708.05 Note Note: It is the intent of the department to encourage submittal of the notification information required in s. NR 708.05 (6) with the no further action information required in s. NR 708.09, provided that the notification information is submitted within 45 days. If the 45 day limit cannot be met, then 2 separate submittals will be needed, if no further action is being documented for the immediate response action.

NR 708.05 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; r. and recr. (6) (d), Register, March, 1995, No. 471, eff. 4-1-95; am (6) (a), (b) and (c) 4., Register, February, 1997, No. 494, eff. 3-1-97; correction in (5) (b) made under s. 13.92 (4) (b) 7., Stats., Register February 2010 No. 650; CR 12-023: am. (3) (b) 2., (5) (b), (6) (c) 3. Register October 2013 No. 694, eff. 11-1-13.

NR 708.07 NR 708.07 Additional response actions. Unless s. NR 708.09 is applicable, responsible parties shall conduct all necessary additional response actions at the completion of an immediate action including, but not limited to, the actions listed in subs. (1) to (4), either at the direction of the department or where the responsible party has determined that site or facility conditions warrant an additional response action:

NR 708.07(1) (1) Additional immediate action in accordance with this chapter.

NR 708.07(2) (2) Interim action, in accordance with this chapter and, as applicable, ch. NR 724.

NR 708.07(3) (3) A site investigation, in accordance with the requirements of ch. NR 716.

NR 708.07(4) (4) Implementation of a preventive measures plan to minimize or prevent any further hazardous substance discharges.

NR 708.07 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; r. and recr. (intro.), Register, March, 1995, No. 471, eff. 4-1-95.

NR 708.09 NR 708.09 No further response action.

NR 708.09(1) (1) General. Unless sub. (2) is applicable, responsible parties shall submit a final report for completed immediate action at the site or facility which addresses the following criteria, where applicable, and a letter of compliance documenting that the immediate response action is complete and no further action is necessary to respond to a hazardous substance discharge or environmental pollution:

NR 708.09(1)(a) (a) The type of hazardous substance discharged or the type of environmental pollution, including the toxicity, mobility and volume of the contamination.

NR 708.09(1)(b) (b) The duration of the discharge.

NR 708.09(1)(c) (c) Time until the discharge or environmental pollution was responded to and properly contained or eliminated.

NR 708.09(1)(d) (d) Any mitigation efforts that may have accelerated the migration of the environmental pollution or hazardous substances, such as any fire mitigation methods.

NR 708.09(1)(e) (e) Weather conditions at the site or facility, such as any precipitation that may have accelerated the migration of the contamination, from the time of the discharge until the response was completed.

NR 708.09(1)(f) (f) Migration potential of the contamination, including soil conditions, proximity to surface water bodies, location of drains or storm sewers, depth to groundwater and the integrity of any containment area.

NR 708.09(1)(g) (g) The nature and scope of any immediate action conducted.

NR 708.09(1)(h) (h) The results of any sampling conducted to confirm the adequacy of the response, taken in accordance with s. NR 708.05 (3) (c).

NR 708.09(1)(i) (i) Visual and olfactory evidence of contamination.

NR 708.09(1)(j) (j) Actual or potential environmental impacts.

NR 708.09(1)(k) (k) Proximity of contamination to receptors.

NR 708.09(1)(L) (L) Present and anticipated future land use.

NR 708.09(1)(m) (m) Whether or not routes of exposure are protective and the environment has been restored to the extent practicable.

NR 708.09(1)(n) (n) Any other information that the department considers relevant.

NR 708.09(2) (2) Site investigation. The department shall require responsible parties to conduct a site investigation in accordance with the requirements of ch. NR 716 if a hazardous substance discharge meets any of the following conditions:

NR 708.09(2)(a) (a) There is evidence that groundwater wells have been affected by a discharge of a hazardous substance.

NR 708.09(2)(b) (b) Free product is found and removal is required under s. NR 708.13.

NR 708.09(2)(c) (c) There is evidence that contaminated soils may be in contact with groundwater.

NR 708.09(3) (3) Reopening a case. The department may require that additional response actions be conducted by responsible parties in compliance with the requirements of chs. NR 700 to 754 if additional information indicates that residual contamination at a site or facility poses a threat to public health, safety, or welfare or the environment.

NR 708.09 Note Note: Although the department may determine at this time that no further response action is necessary pursuant to chs. NR 700 to 754, the site, facility or portion of the site or facility may be subject to the regulations and requirements of other department programs.

NR 708.09 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; r. and recr. (1) (intro.), Register, March, 1995, No. 471, eff. 4-1-95; am. (2) (a), Register, February, 1997, No. 494, eff. 3-1-97; CR 12-023: am. (2) (intro.), (a), (3) Register October 2013 No. 694, eff. 11-1-13.

NR 708.11 NR 708.11 Interim actions.

NR 708.11(1) (1) General.

NR 708.11(1)(a) (a) Responsible parties shall evaluate the need for interim action prior to initiating a site investigation and during a site investigation. Interim action shall be taken where it is necessary to contain or stabilize a discharge of a hazardous substance or environmental pollution, in order to minimize any threat to public health, safety, or welfare or the environment. When an interim action is warranted, responsible parties shall implement an interim action as soon as facility or site- related information makes it possible to do so, in compliance with the requirements of this chapter.

NR 708.11 Note Note: The principal distinction between a non–emergency immediate action and an interim action is that a site investigation will generally be required in conjunction with an interim action, but not with a non–emergency immediate action. In addition, interim actions will be closed out using the criteria in ch. NR 726, not the “no further action” criteria in s. NR 708.09.

NR 708.11(1)(b) (b) The department may require the use of a vapor mitigation system, or other engineering control, when vapor concentrations beneath a slab, foundation, or building exceed a vapor risk screening level.

NR 708.11(2) (2) Specific actions. Interim actions may include any of the following:

NR 708.11(2)(a) (a) Restricting public access to the site or facility.

NR 708.11(2)(b) (b) Conducting source removal, such as excavation and treatment of highly contaminated soils, to prevent or limit further movement of the contamination.

NR 708.11(2)(c) (c) Extracting free product, leachate or groundwater to restrict migration of a contaminant plume.