Section NR 722.15 - Department response(1) GENERAL. The department may respond to the submission of a remedial action options report required by this chapter using one of the following methods: (a) The department may, in writing, direct responsible parties to submit all of the reports required under this chapter and to proceed to implement the selected remedial action without department approval, review or acknowledgement.(b) The department may, in writing, direct responsible parties that review and approval of a remedial action options report is necessary prior to proceeding to implement the selected remedial action pursuant to ch. NR 724. The department shall provide written acknowledgement of receipt of each report submitted pursuant to this chapter within 30 days. Department acknowledgement shall include an estimated date for completion of department review.(2)DEPARTMENT REVIEW. In cases where the department is reviewing a remedial action options report under this chapter prior to the implementation of the selected remedial action, the department: (a) May exercise discretion on a case-by-case basis and request additional information, require revisions, approve, conditionally approve or disapprove of the report.(b) Shall provide a written explanation of the reasons for any disapproval to the responsible parties.(c) May establish a schedule for the responsible parties to provide additional information and revisions to the department.(d) May approve the remedial action options report only after ensuring that implementation of the selected remedial action will adequately protect human health, safety, and the environment. In making this determination, the department shall consider the following factors as appropriate:1. The physical and chemical characteristics of each contaminant including its toxicity, persistence, and potential for migration.2. The hydrogeologic characteristics of the site or facility and the surrounding area.3. The proximity, quality, and current and future uses of nearby surface water and groundwater.4. The potential effects of residual contamination on nearby surface water and groundwater.5. All other relevant assessments prepared and submitted in compliance with the requirements of s. NR 722.11.6. All other relevant information contained in the remedial options report.(e) May, as a condition of approving the remedial action, do any of the following: 1. Require operation and maintenance of an engineering control on the site.2. Require an investigation of the extent of residual contamination and the performance of any necessary remedial action if a building or other structural impediment is removed that had prevented a complete investigation or remedial action at the site.3. Require that the department be notified prior to a change in land use, if the proposed land use change would be such that any of the exposure assumptions on which a continuing obligation are based would no longer be protective of human health, safety, or welfare or the environment.4. Require vapor control technologies be used for any new construction on the site, or require interim actions to limit or prevent vapor intrusion be installed, operated and maintained.5. Require site-specific actions or continuing obligations to adequately protect human health, safety, or welfare or the environment.6. Require the submittal of the information necessary for listing the site on the department database. Note: In accordance with ch. NR 749, the appropriate review must accompany any request for the department to review a specific document.
(3)NOTICE TO PROCEED. Unless otherwise directed, at sites or facilities where the department approves or conditionally approves of a remedial action report, the responsible parties shall initiate the design and construction of the selected remedial action within 90 days after department approval or conditional approval.Wis. Admin. Code Department of Natural Resources NR 722.15
Cr. Register, April, 1995, No. 472, eff. 5-1-95; CR 12-023: am. (2) (d) 1. to 5., cr. (2) (e), renum. (3) (intro.) to (3) and am., r. (3) (a), (b) Register October 2013 No. 694, eff. 11-1-13.