Section NR 720.02 - Applicability(1)This chapter applies to all remedial actions taken by responsible parties to address soil contamination after an investigation has been conducted at a site, facility or portion of a site or facility that is subject to regulation under ch. 292, Stats., regardless of whether there is direct involvement or oversight by the department. This chapter also applies to soil contamination at all of the following: (a) Solid waste facilities, where remedial action is required by the department pursuant to ch. NR 508. Note: Chapter NR 720 does not apply to landspreading regulated under ch. NR 518 or solid waste facilities where ongoing operations are occurring, unless remedial action is required pursuant to ch. NR 508.
(b) Hazardous waste facilities, where the owner or operator is required to close the facility pursuant to s. 291.29, Stats., or subchs. and ch. NR 664, or to institute corrective action pursuant to s. 291.37, Stats., or s. NR 664.0100. However, if U.S. EPA requires that states employ soil cleanup standards for hazardous waste facilities that are more stringent than the standards in this chapter, the department is obligated under the state's hazardous waste management act, ch. 291, Stats., and its hazardous waste program RCRA authorization to apply the more stringent soil cleanup standards. Note: Section NR 600.07 no longer exists.
(c) Wastewater lagoons, storage structures and treatment structures that are abandoned pursuant to s. NR 110.09, 213.07 or 214.08. Note: Chapter NR 720 applies to abandonment of lagoons, storage structures and treatment structures for sewage treatment facilities projects; abandonment of lagoons, storage structures and treatment structures that receive wastewaters, associated sludges, by-product solids and any resulting leachates from industrial, commercial or agricultural sources, except as provided in s. NR 213.02(2); and abandonment of land treatment systems for industrial liquid wastes, by-product solids and sludges, except as provided in s. NR 214.02(3). Chapter NR 720 does not apply to activities regulated under s. 281.48, Stats., or permitted activities regulated under 40 CFR 503 or ch. NR 204, 206 or 214, including permitted land spreading of sludge or land disposal of wastewaters from municipal and domestic wastewater treatment works and permitted land treatment of industrial liquid wastes, by-product solids and sludges.
(d) Sites where remedial action is being taken by a person who is seeking the liability exemption under s. 292.15, Stats.(e) Sites with PCB contamination.Note: U.S. EPA has independent authority to regulate soil contamination from PCB's under the toxic substances control act. The department and EPA have entered into an MOA that specifies how responsibility for these types of sites will be determined. The MOA can be found at: http://dnr.wi.gov/files/pdf/pubs/rr/rr786.pdf.
(2)This chapter applies to interim actions taken by responsible parties or other persons under s. 292.15, Stats., when at the completion of both the site investigation and interim action taken to address contaminated soil, the responsible parties or persons taking action under s. 292.15, Stats., request that the site or facility be closed out in accordance with ch. NR 726, without taking a subsequent remedial action to address the contaminated soil.(3)This chapter applies to remedial actions taken by the department where a department-funded response action is being taken under the authority of ch. 292, Stats.(4)Concentrations of legally applied pesticides are exempt from the requirements of this chapter when all of the following conditions are met:(a) The application of the pesticide was done in compliance with: 1. The pesticide label currently registered with the U.S. EPA;2. Sections 94.67 to 94.71, Stats.; and3. Rules adopted under ss. 94.67 to 94.71, Stats.(b) For pesticides that are intended to be applied to the soil, pesticide concentrations exceeding soil cleanup standards are only found in the surface soil layer, where the pesticide is expected to perform its intended purpose, and only at concentrations that would be expected from pesticide application, in compliance with the pesticide label requirements. Note: The depth of the surface layer of soil will vary depending on the type of pesticide applied and the appropriate intended use of that pesticide.
(5)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 control. The department shall, after receipt of a request from a responsible party, provide a letter that indicates which regulatory program or programs the department considers to be applicable. Note: Sites, 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 solid waste statutes, ch. 289, Stats., or the hazardous waste management act, ch. 291, Stats., and the administrative rules adopted pursuant to those statutes. One portion of a site or facility may be regulated under a different statutory authority than other portions of that site or facility. When necessary, the department will, to the best of its ability, facilitate coordination between the regulatory programs involved.
(6)The department may take any action within the context of regulatory programs established in statutes or rules outside this chapter, if those actions are necessary to protect public health, welfare, or safety or prevent a damaging effect on the environment for present and future uses, whether or not a soil cleanup standard has been adopted under this chapter.(7)Nothing in this chapter authorizes an impact on soil quality that would cause a violation of a groundwater quality standard contained in ch. NR 140, an impact on soil quality or groundwater quality that would cause a violation of a surface water quality standard contained in chs. NR 102 to 106 or an impact on soil quality that would cause a violation of an air quality standard contained in chs. NR 400 to 499.Wis. Admin. Code Department of Natural Resources NR 720.02
Cr. Register, March, 1995, No. 471, eff. 4-1-95; cr. (1) (d), am. (2); Register, February, 1996, No. 482, eff. 3-1-96; emerg. am. (1) (intro.), cr. (1m), eff. 5-18-00; am. (1) (intro.), cr. (1m), Register, January, 2001, No. 541, eff. 2-1-01; corrections in (1) (b) made under s. 13.93(2m) (b) 7, Stats., Register September 2007 No. 621; CR 12-023: am. (1) (intro.), (a), (b), cr. (1) (e), r. (1m), am. (3), Register October 2013 No. 694, eff. 11-1-13.