Current through August 26, 2024
(1) GENERAL.
(a) Responsible parties shall evaluate the
need for interim action prior to initiating a site investigation and during a
site investigation. Interim action shall be taken where it is necessary to
contain or stabilize a discharge of a hazardous substance or environmental
pollution, in order to minimize any threat to public health, safety, or welfare
or the environment. When an interim action is warranted, responsible parties
shall implement an interim action as soon as facility or site- related
information makes it possible to do so, in compliance with the requirements of
this chapter.
Note: The principal distinction between a
non-emergency immediate action and an interim action is that a site
investigation will generally be required in conjunction with an interim action,
but not with a non-emergency immediate action. In addition, interim actions
will be closed out using the criteria in ch. NR 726, not the "no further
action" criteria in s.
NR 708.09.
(b) The department may require the use of a
vapor mitigation system, or other engineering control, when vapor
concentrations beneath a slab, foundation, or building exceed a vapor risk
screening level.
(2)SPECIFIC ACTIONS. Interim actions may
include any of the following:
(a) Restricting
public access to the site or facility.
(b) Conducting source removal, such as
excavation and treatment of highly contaminated soils, to prevent or limit
further movement of the contamination.
(c) Extracting free product, leachate or
groundwater to restrict migration of a contaminant plume.
(d) Constructing a temporary engineering
control, such as a low permeability cover, or installing and operating a vapor
mitigation system.
(e) Actions
listed in s.
NR 708.05(4) (c), (g) or
(i).
(3)SELECTION OF INTERIM ACTIONS. Unless
otherwise directed by the department, responsible parties shall select and
implement necessary interim action without prior department approval. The
interim action selected by responsible parties shall comply with all of the
following requirements:
(a) Be protective of
public health, safety, and welfare and the environment for the exposure
pathways being addressed and any solid or hazardous waste or the hazardous
substances and contaminated environmental media being generated.
(b) Comply with all state and federal public
health and environmental laws, whichever are more stringent, that apply to the
type of interim action being taken and any solid or hazardous waste and
contaminated environmental media that is being generated, treated, stored or
disposed as part of the interim action.
(c) Use recycling or treatment to the extent
practicable.
(d) Be consistent with
the final remedial action that is likely to be selected for that pathway of
exposure or contaminated environmental media that is being addressed by the
interim action.
(e) Comply with one
of the following requirements when disposal of contaminated soil, sediment or
other granular material such as fill, not including debris, is proposed:
1. The volume of untreated contaminated soil,
sediment or other granular material such as fill, not including debris, from a
single site or facility that is proposed for off-site disposal does not exceed
100 cubic yards and is accepted by a landfill for daily cover that does not
exceed on an annual basis the landfill's net daily cover needs or 12.5% of the
annual volume of waste received by the landfill.
2. Volumes of contaminated soil, sediment or
other granular material, not including debris, that exceed 100 cubic yards may
be disposed of in a licensed landfill with a department-approved composite
liner, or a liner that is equivalent to a composite liner in terms of
environmental protection, as determined by the department, in compliance with
the landfill's approved plan of operation.
(4)DESIGN AND IMPLEMENTATION REQUIREMENTS.
For the types of interim actions listed in pars. (a) through (c), responsible
parties shall prepare and submit to the department all reports and plans
required by ch. NR 724 for department review and approval prior to proceeding
to the next step in design, implementation or operation of an interim action
under ch. NR 724, unless otherwise directed.
(a) On-site treatment system, including a
groundwater extraction and treatment system.
(b) On-site engineering control or barrier,
including a landfill cover or groundwater barrier system, or a vapor mitigation
system other than a radon-type sub-slab depressurization system.
(c) Any other type of interim action option
when the department notifies responsible parties, on a case-by-case basis, that
a design report is required prior to implementation of the interim
action.
(5)ADDITIONAL
RESPONSE ACTION. Unless otherwise directed by the department, responsible
parties shall initiate and complete a site investigation in accordance with ch.
NR 716 during the implementation of the interim action or as soon as it is
feasible to do so after the completion of the interim action.
