Wisconsin Administrative Code
Department of Natural Resources
NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination
Chapter NR 700 - General Requirements
Section NR 700.05 - Confidentiality of information

Universal Citation: WI Admin Code ยง NR 700.05

Current through August 26, 2024

(1)Except as provided under sub. (2), any record, report or other information furnished to, or obtained by, the department in the administration of chs. NR 700 to 754 is a public record subject to the provisions of ss. 19.21, 19.31 to 19.39, Stats., and s. NR 2.195.

(2)If confidential status is sought for any record, report or other information furnished to or obtained by the department under chs. NR 700 to 754, the standards and procedures in s. NR 2.19 are applicable to all sites and facilities, and the standards and procedures in s. 289.09(2), Stats., are applicable to the owners and operators of solid waste facilities.

Note: Under s. NR 2.19, the department may grant confidential status if:

(1) the standards for granting confidential status found in s. 289.09 or 291.15, Stats., are met;

(2) confidential treatment is in the public interest using the balancing test in State ex rel. Youmanns v. Owens, 28 Wis. 2d 672 (1965); or

(3) a specific statutory or common law right to confidential treatment is applicable.

(3)Records, reports and other information for which the department has granted confidential status may be:

(a) Used by the department in compiling or publishing analyses or summaries relating to the general condition of the environment if the analyses or summaries do not identify a specific person or responsible party and the analyses or summaries do not reveal records or other information granted confidential status;

(b) Released by the department to the U.S. EPA or its authorized representative, if the U.S. EPA or its authorized representative agrees to protect the confidentiality of the records, reports or other information;

(c) Released for general distribution if the person who provided the information to the department expressly agrees to the release; and

(d) Released on a limited basis if the department is directed to take this action by a judge or administrative law judge under an order which protects the confidentiality of the record, report or other information.

Sections 292.11(8), 292.31(1) (d) and (3) (e), and 292.41(5), Stats., provide the department with authority to gain access to property for the purpose of conducting response actions, and access to records relating to abandoned containers, discharged hazardous substances and solid waste disposed of at a site or facility.

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