Chapter NR 712

NR 712.05 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-95; CR 12-023: am. (1) Register October 2013 No. 694, eff. 11-1-13.

NR 712.07 NR 712.07 Requirements for submittal preparation.

NR 712.07(1) (1) Submittals that are prepared to satisfy the requirements of s. NR 708.11 (4) or 708.13 or chs. NR 716 to 754, which require the performance of engineering services or scientific evaluations, including phase I and phase II environmental site assessments shall be prepared by or under the supervision of a professional engineer, hydrogeologist, or scientist, except as provided in s. NR 712.11. All phases of work necessary to obtain data, develop conclusions, recommendations and prepare submittals shall be conducted or supervised by the professional engineer, hydrogeologist, or scientist.

NR 712.07 Note Note: The department recommends that at a minimum, ASTM standards be followed when conducting Phase I and Phase II environmental site assessments. EPA’s requirements contained in 40 CFR Part 312 must be followed in order to be eligible for the liability protections contained in CERCLA.

NR 712.07(2) (2) Submittals prepared to satisfy the requirements of ch. NR 722 or 724 or s. NR 708.11 (4), including free product removal conducted in accordance with s. NR 708.13, for response actions taken to address groundwater contamination shall be jointly prepared by, or under the supervision of, a professional engineer and a hydrogeologist.

NR 712.07(3) (3) Submittals prepared to satisfy the requirements of ch. NR 722 or 724 or s. NR 708.11 (4) for response actions that address any media other than groundwater shall be prepared by, or under the supervision of, a professional engineer.

NR 712.07 Note Note: This chapter is not intended to authorize the practice of professional engineering in violation of ch. 443, Stats.

NR 712.07(4) (4) Hydrogeologists shall prepare or supervise the preparation of submittals involving the assessment of groundwater conditions at a site or facility, when prepared to satisfy the requirements of ch. NR 716.

NR 712.07(5) (5) Submittals addressing any media other than groundwater, which are prepared to satisfy the requirements of ch. NR 716 or 720, shall be prepared by or under the supervision of a professional engineer, a hydrogeologist or a scientist.

NR 712.07 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-95; am. (5), Register, March, 1995, No. 471, eff. 5-1-95; am. (2) and (3), Register, April, 1995, No. 472, eff. 5-1-95; CR 12-023: am. (1) Register October 2013 No. 694, eff. 11-1-13.

NR 712.09 NR 712.09 Submittal certification.

NR 712.09(1) (1) Submittals prepared by, or under the supervision of, a professional engineer, a hydrogeologist or a scientist shall be dated and certified by the professional engineer, hydrogeologist or scientist using the appropriate certification set forth in sub. (3). The responsibility for signing the certification may not be delegated to others.

NR 712.09(2) (2) The act of signing the certification means that the professional engineer, hydrogeologist or scientist certifies that, to the best of her or his knowledge, all information contained in the submittal is correct and the submittal was prepared in accordance with all of the applicable requirements of chs. NR 708 to 754. Conclusions and recommendations in the submittal shall represent the certifier’s best professional opinions and judgments.

NR 712.09(3) (3) The appropriate certification in pars. (a) to (c) shall be attached to all submittals to the department to demonstrate that the requirements of s. NR 712.07 have been met.

NR 712.09(3)(a) (a) The following certification shall be attached to any submittal that is required to be prepared by, or under the supervision of, a professional engineer under s. NR 712.07 (2), (3) or (5):

“I, ____________, hereby certify that I am a registered professional engineer in the State of Wisconsin, registered in accordance with the requirements of ch. A-E 4, Wis. Adm. Code; that this document has been prepared in accordance with the Rules of Professional Conduct in ch. A-E 8, Wis. Adm. Code; and that, to the best of my knowledge, all information contained in this document is correct and the document was prepared in compliance with all applicable requirements in chs. NR 700 to 726, Wis. Adm. Code.”

     

Signature, title and P.E. number   P.E. stamp

NR 712.09(3)(b) (b) The following certification shall be attached to any submittal that is required to be prepared or to have its preparation supervised by a certified hydrogeologist under s. NR 712.07 (2), (4) or (5):

“I, ____________, hereby certify that I am a hydrogeologist as that term is defined in s. NR 712.03 (1), Wis. Adm. Code, am registered in accordance with the requirements of ch. GHSS 2, Wis. Adm. Code, or licensed in accordance with the requirements of ch. GHSS 3, Wis. Adm. Code, and that, to the best of my knowledge, all of the information contained in this document is correct and the document was prepared in compliance with all applicable requirements in chs. NR 700 to 726, Wis. Adm. Code.”

     

Signature and title   Date

NR 712.09(3)(c) (c) The following certification shall be attached to any submittal that is required to be prepared or to have its preparation supervised by a certified scientist under s. NR 712.07 (5):

“I, ____________, hereby certify that I am a scientist as that term is defined in s. NR 712.03 (3), Wis. Adm. Code, and that, to the best of my knowledge, all of the information contained in this document is correct and the document was prepared in compliance with all applicable requirements in chs. NR 700 to 726, Wis. Adm. Code.”

     

Signature and title   Date

NR 712.09 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-95; CR 12-023: am. (2), (3) (b) Register October 2013 No. 694, eff. 11-1-13.

NR 712.11 NR 712.11 Exemptions.

NR 712.11(1) (1) General. The following submittals are exempt from the requirements of this chapter:

NR 712.11(1)(a) (a) Submittals related to research projects prepared by, or under the supervision of, employees of state or federal educational or research institutions who have the training, but not the experience, registration or education needed to be a professional engineer, hydrogeologist or scientist. This exemption applies only to persons preparing or supervising the preparation of a submittal pursuant to s. NR 712.07, not to field personnel covered under s. NR 712.05.

NR 712.11(1)(b) (b) Analytical laboratory reports prepared by laboratories that are certified or registered under ch. NR 149 or the U.S. EPA contract laboratory program.

NR 712.11(1)(c) (c) Plans or specifications for air emission treatment devices that are submitted to the department’s bureau of air management for approval.

NR 712.11(1)(d) (d) Plans or specifications submitted to the department’s bureau of water quality for approval of lagoon or treatment system abandonment.

NR 712.11(1)(e) (e) Plans and specifications submitted to the department to meet the requirements of ch. NR 108.

NR 712.11 Note Note: Section NR 108.04 (2) (c) requires the final plans and specifications for wastewater treatment devices to be submitted under the signature and the seal of a professional engineer.

NR 712.11(1)(f) (f) Tank closure assessments performed in accordance with the requirements of ch. ATCP 93 by a site assessor certified by the department of agriculture, trade and consumer protection, and any other plans, specifications or reports required by the department of agriculture, trade and consumer protection not specifically required by chs. NR 700 to 754.

NR 712.11(1)(g) (g) Plans for the landspreading of soil contaminated only with fertilizers or regulated pesticides.

NR 712.11(2) (2) Sampling.

NR 712.11(2)(a) (a) Sampling that is conducted in compliance with all of the following conditions is exempt from the requirements of s. NR 712.05 (1) to (3), except as provided in par. (b):

NR 712.11(2)(a)1. 1. The sampling is conducted by responsible parties or by an employee of the responsible parties in compliance with all of the requirements of chs. NR 700 to 726, except s. NR 712.05 (1) to (4).

NR 712.11(2)(a)2. 2. The sampling is conducted by responsible parties or by an employee of the responsible parties in accordance with all applicable sampling protocols established by the department. A description of sampling and sample preservation methods shall be provided to the department by the responsible parties at the time that the sampling results are submitted.

NR 712.11(2)(a)3. 3. A statement is included in the submittals that describes the education, training and experience that qualifies the person who collected the samples to take samples without meeting the requirements of s. NR 712.05 (2).

NR 712.11(2)(b) (b) The department may reject any sampling results submitted under this subsection if the department determines that the samples were not taken in accordance with the requirements of this subsection and all other applicable sections of chs. NR 700 to 754, or that the person taking the samples was not qualified to do so based on the statement submitted to the department under par. (a) 3. If the department rejects any sampling results, the department shall provide the responsible parties with specific reasons for the rejection in writing. The responsible parties shall hire a consultant who meets the qualifications of s. NR 712.05 to conduct any required sampling if the department directs them to do so in writing.

NR 712.11 History History: Cr. Register, April, 1994, No. 460, eff. 5-1-95; am. (1) (f), Register, February, 1997, No. 494, eff. 3-1-97; correction in (1) (f) made under s. 13.93 (2m) (b) 7., Stats., Register September 2007 No. 621; correction in (1) (f) made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674; CR 12-023: am. (1) (d), (f), (2) (b) Register October 2013 No. 694, eff. 11-1-13; corrections in (1) (f) made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2013 no. 694.