Section NR 724.02 - Applicability(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: (a) On-site treatment systems, including groundwater extraction and other remedial treatment systems.(b) On-site engineering controls or barriers, including engineered landfill covers or groundwater barrier systems.(bm) Vapor mitigation systems. Note: Remedial actions to actively remediate vapor contaminant sources fall under pars. (a) or (b).
(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. 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).
(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. 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.
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.
(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.(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. .Wis. Admin. Code Department of Natural Resources § NR 724.02
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.