Section NR 730.05 - Superfund state cost share(1) COOPERATIVE AGREEMENTS AND SUPERFUND STATE CONTRACTS. The department may enter into cooperative agreements or Superfund state contracts with the U.S. EPA for the purpose of taking a response action under CERCLA. The department may use money from the appropriations referenced in s. 292.31(7), Stats., to pay the required Superfund state cost share of any Superfund-financed remedial action taken at a national priorities list site in accordance with the criteria in sub. (2).(2) CRITERIA FOR COST SHARING. (a)General. The department shall consider the criteria in pars. (b) to (h), to determine whether or not to enter into a Superfund state contract with U.S. EPA.(b)Department evaluation of the proposed remedial action. The department shall review the remedial investigation, feasibility study, the proposed plan and any other reports prepared by U.S. EPA to evaluate the proposed remedial action. The department may not commit the required Superfund state cost share for a remedial action unless the department is in substantial agreement with EPA's assessment of the expected ability of the proposed remedial action to protect public health, safety and welfare and the environment, and to comply with the applicable state environmental and public health laws and standards, whichever are more stringent.(c)Money available to the department. The department shall consider the money available from the appropriations in s. 292.31(7) (b), Stats., taking into account all of the following: 1. At the beginning of each fiscal year, the department shall reserve adequate funds for planned investigations, environmental repair and hazardous substance spill program response actions, abandoned container response actions, LUST program state matching funds and emergency actions.2. The department shall consider the timing of expenditures in relation to the end of the state fiscal year and the availability of new appropriations. When nearing the end of a state fiscal year, the department may use funds earlier reserved for environmental repair or hazardous substance spill program response actions, abandoned container response actions and emergency immediate actions, to commit to a Superfund state cost share for remedial actions to be taken at a national priorities list site.(d)Money available from other sources. The department shall consider the money available from other sources to pay the capital cost and annual operation and maintenance costs for remedial actions taken at a national priorities list site. Sources may include any one of the following:1. Potentially responsible parties or interested persons, including local governments, who are willing and able to pay any part of the remedial action costs.2. Funding from the Wisconsin well compensation program under s. 281.75, Stats.3. For mining facilities, the investment and local impact fund under s. 289.68(2) to (4), Stats.4. Closure bonds or other proof of financial responsibility that were previously submitted to the department.(e)Timing of response actions. The department shall consider whether or not the threat to public health, safety or welfare or the environment at the site or facility shall become greater if remedial action is delayed.(f)Preclusion of other projects. The department shall consider whether the department's ability to take response action at other sites or facilities shall be precluded by committing state funds for the Superfund state cost share for the proposed remedial action to be taken at a national priorities list site.(g)Department staff resources. The department shall consider the availability of department staff to serve as project managers and to review submittals.(h)Other criteria. The department may consider any other criteria it deems appropriate.(3) NOTIFICATION. After consideration of the criteria in sub. (2), the department shall notify EPA as to whether or not the department shall commit the required Superfund state cost share for the proposed remedial action to be taken under CERCLA.Wis. Admin. Code Department of Natural Resources § NR 730.05
Cr. Register, April, 1994, No. 460, eff. 5-1-94; corrections in (1), (2) (a), (c) (intro.), (d) 2. and 3. made under s. 13.93(2m) (b) 7, Stats., Register, April, 2000, No. 532.