Section NR 716.02 - Applicability(1)This chapter applies to all site investigations required under s. NR 716.05 and conducted by: (a) The department under the authority of ch. 292, Stats. In this chapter, where the term "responsible parties" appears, it shall be read to include "the department" where department-funded response action is being taken.(b) 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. Note: This chapter does not apply to site assessments undertaken for the sole purpose of gathering information prior to knowledge or discovery of contamination. However, upon the discovery of a discharge of a hazardous substance during a site assessment, s. 292.11, Stats., and ch. NR 706 require the responsible party to immediately notify the department of the discharge.
(c) Persons undertaking actions in order to obtain the liability exemption under s. 292.15, Stats. In this chapter, where the term ``responsible parties" appears, it shall be read to include "the voluntary party" or ``person under contract with the voluntary party" where an action is being taken to comply with s. 292.15, Stats.(d) Other persons seeking closure under NR 726.(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 provision controls. The department shall, after receipt of a request from the responsible parties, provide a letter indicating which regulatory program or programs the department considers to be applicable to a site or facility.Wis. Admin. Code Department of Natural Resources NR 716.02
Cr. Register, April, 1994, No. 460, eff. 5-1-94; cr. (1) (c), Register, February, 1996, No. 482, eff. 3-1-96; CR 12-023: am. (1) (a) to (c), cr. (1) (d), am. (2) Register October No. 694, eff. 11-1-13.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.
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.