Wis. Admin. Code Department of Natural Resources NR 445.16

Current through October 28, 2024

Section NR 445.16 - Notice of hazardous substance air spills

Persons possessing or controlling a hazardous substance shall immediately notify the department of any hazardous emission not in conformity with a permit or allowed by the department under chs. NR 400 to 499. Notice shall be given as required by s. 292.11, Stats., and ch. NR 706.

Renum. from NR 154.06 and am., Register, September, 1986, No. 369, eff. 10-1-86; renum. from NR 445.05, Register, September, 1988, No. 393, eff. 10-1-88; correction made under s. 13.93(2m) (b) 7 Stats., Register, September, 1988, No. 393; am., Register, November, 1999, No. 527, eff. 12-1-99; CR 02-097: renum. from NR 445.08 Register June 2004 No. 582, eff. 7-1-04.

The owner or operator of a facility is responsible for determining whether a substance released (or spilled) is considered a hazardous substance as defined in s. 292.01(5), Stats., and whether that hazardous substance was released to the environment. Section NR 706.05(1) (a) contains language that assists in making such a determination. If the facility owner or operator determines that a release of a hazardous substance to the environment has occurred, the spills law, s. 292.11, Stats. and the rules contained in ch. NR 706 apply. Both ch. 292, Stats., and ch. NR 706 contain exemptions to the spill reporting requirements. In addition, s. NR 706.07(2) (b) 1., 2., 3. and 4. contain language specifying when those exemptions do not apply, including impacts or threats to the environment, human health or safety. Other regulations, permits, and reporting requirements, including s. NR 439.03(4) and ch. NR 438, may also apply to the hazardous substance release.