Wisconsin Administrative Code
Department of Natural Resources
NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination
Chapter NR 712 - Personnel qualifications for conducting environmental response actions
Section NR 712.11 - Exemptions
Universal Citation: WI Admin Code ยง NR 712.11
Current through August 26, 2024
(1) GENERAL. The following submittals are exempt from the requirements of this chapter:
(a) Submittals related to research projects
prepared by, or under the supervision of, employees of state or federal
educational or research institutions who have the training, but not the
experience, registration or education needed to be a professional engineer,
hydrogeologist or scientist. This exemption applies only to persons preparing
or supervising the preparation of a submittal pursuant to s.
NR 712.07, not to field personnel covered under s.
NR 712.05.
(b) Analytical laboratory reports prepared by
laboratories that are certified or registered under ch. NR 149 or the U.S. EPA
contract laboratory program.
(c)
Plans or specifications for air emission treatment devices that are submitted
to the department's bureau of air management for approval.
(d) Plans or specifications submitted to the
department's bureau of water quality for approval of lagoon or treatment system
abandonment.
(e) Plans and
specifications submitted to the department to meet the requirements of ch. NR
108.
Note: Section NR 108.04(2) (c) requires the final plans and specifications for wastewater treatment devices to be submitted under the signature and the seal of a professional engineer.
(f) Tank closure assessments performed in
accordance with the requirements of ch. ATCP 93 by a site assessor certified by
the department of agriculture, trade and consumer protection, and any other
plans, specifications or reports required by the department of agriculture,
trade and consumer protection not specifically required by chs.
NR
700 to
754.
(g) Plans for the landspreading of soil
contaminated only with fertilizers or regulated pesticides.
(2)SAMPLING.
(a) Sampling that is conducted in compliance
with all of the following conditions is exempt from the requirements of s.
NR 712.05(1)
to (3), except as provided in par. (b):
1. The sampling is conducted by responsible
parties or by an employee of the responsible parties in compliance with all of
the requirements of chs.
NR
700 to
726, except s.
NR 712.05(1)
to (4).
2. The sampling is conducted by responsible
parties or by an employee of the responsible parties in accordance with all
applicable sampling protocols established by the department. A description of
sampling and sample preservation methods shall be provided to the department by
the responsible parties at the time that the sampling results are
submitted.
3. A statement is
included in the submittals that describes the education, training and
experience that qualifies the person who collected the samples to take samples
without meeting the requirements of s.
NR 712.05(2).
(b) The department may reject any sampling
results submitted under this subsection if the department determines that the
samples were not taken in accordance with the requirements of this subsection
and all other applicable sections of chs.
NR
700 to
754, or that the person taking the
samples was not qualified to do so based on the statement submitted to the
department under par. (a) 3. If the department rejects any sampling results,
the department shall provide the responsible parties with specific reasons for
the rejection in writing. The responsible parties shall hire a consultant who
meets the qualifications of s.
NR 712.05 to conduct any required sampling if the
department directs them to do so in writing.
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