Section NR 708.09 - No further response action(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: (a) The type of hazardous substance discharged or the type of environmental pollution, including the toxicity, mobility and volume of the contamination.(b) The duration of the discharge.(c) Time until the discharge or environmental pollution was responded to and properly contained or eliminated.(d) Any mitigation efforts that may have accelerated the migration of the environmental pollution or hazardous substances, such as any fire mitigation methods.(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.(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.(g) The nature and scope of any immediate action conducted.(h) The results of any sampling conducted to confirm the adequacy of the response, taken in accordance with s. NR 708.05(3) (c).(i) Visual and olfactory evidence of contamination.(j) Actual or potential environmental impacts.(k) Proximity of contamination to receptors.(L) Present and anticipated future land use.(m) Whether or not routes of exposure are protective and the environment has been restored to the extent practicable.(n) Any other information that the department considers relevant.(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:(a) There is evidence that groundwater wells have been affected by a discharge of a hazardous substance.(b) Free product is found and removal is required under s. NR 708.13.(c) There is evidence that contaminated soils may be in contact with groundwater.(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.Wis. Admin. Code Department of Natural Resources NR 708.09
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. 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.