Current through August 26, 2024
(1)
EVALUATION OF NEED FOR PUBLIC PARTICIPATION AND NOTIFICATION. In order to
promote effective and meaningful public participation and notification,
responsible parties shall conduct all necessary public participation and
notification activities, unless otherwise directed by the department.
Responsible parties shall evaluate the need for and the level of public
participation and notification, based on the following criteria:
(a)
Threats. Known or
potential threats to public health, safety, or welfare or the environment that
may be reduced by providing information to the public.
(b)
Public concern. Level of
public concern about a specific site, facility, or discharge or the number or
status of sites, facilities, or discharges which require a response action
within a particular geographic area.
(c)
Additional information
needed. The need to contact the public in order to gather information
about the response action, including immediate or interim actions.
(d)
Other. Any other factors
which may be relevant to a specific site, facility, or discharge or to a group
of sites, facilities, or discharges.
(2)CONTENT OF PUBLIC NOTIFICATION. If
responsible parties or the department determine that public notification is
necessary at a site or facility, responsible parties shall include, and the
department may direct the responsible parties to include specific language
regarding the following information as part of the public notification:
(a)
Description. A
description of the contamination, including the type, volume, and
characteristics of the contamination.
(b)
Mitigation. Response
actions that are planned or underway to contain, reduce, or eliminate the
threat of the contamination.
(c)
Contacts. Phone number and address of persons to contact for
more information.
(d)
Other. Other information designated by the
department.
(3)METHODS
OF PUBLIC NOTIFICATION. Notice shall be provided to the public by means
designed to reach those members of the public directly or indirectly affected
by the discharge of a hazardous substance and the implementation and operation
of any proposed or actual remedial action. The department may direct the
responsible party to undertake any of the following public participation
activities, and may require departmental approval of materials prepared by the
responsible party in order to conduct these activities. The department may also
undertake any of these activities, including personal contacts by department
staff. Notice to the public may be provided by any of the following methods:
(a) Public notice in local
newspapers.
(b) Block
advertisements, including posters in areas frequented by the public.
(c) Distributing leaflets door-to-door in the
vicinity of the site or facility.
(d) Letters to individual households or
personal contacts by responsible parties or their representatives.
(e) Contacting appropriate government
officials, including law enforcement, emergency response, and health officials
to inform them of the circumstances and the response actions that are underway
to contain, reduce, or eliminate the threat of the contamination.
(f) Contacting media by preparing radio,
newspaper, or television announcements, including public service
announcements.
(g) Contacting any
interested individuals who have asked to be kept informed of site or facility
activities at various points in the process, including any other site-specific
information itemized by the requestor that is available from the responsible
party, including sample results, emergency or interim actions, disposal of
wastes removed from the site, requests for case closure, or enforcement
actions.
(h) Holding advertised
public informational meetings designed to provide the public an opportunity to
ask questions and receive answers from the responsible party, the department,
or both.
(i) Establishing a
clearinghouse, toll-free telephone number or internet location where the public
may obtain more information about the site or facility and the proposed or
actual remedial actions, as well as submit comments and receive responses
regarding activities that may generate noise, dust, odors, traffic, or similar
local concerns.
(j) Using any other
appropriate mechanisms to contact and inform the public, including the
opportunity to submit public comments on proposed remedial activities and to
receive written responses.
(4)POSTING OF SIGNS.
(a) Unless otherwise directed by the
department, responsible parties shall post one or more department-issued signs
in the following manner, when any of the following conditions are found at a
site or facility:
1. At the edge of the
excavated contaminated soil being stored on the site or facility.
2. The specific locations within the facility
or site where contaminated media present a direct contact threat to
humans.
3. At the entry locations
of buildings or structures contaminated with hazardous substances or
environmental pollution that pose or may pose a threat to public health,
safety, or welfare.
4. At the entry
locations of a building or structure which will be the subject of one of the
response actions for the site or facility.
Note: This provision describes situations where
the response action involves demolition of the building or structure to access
the subsurface contamination, but where the building materials themselves are
not necessarily contaminated.
5. At another location within a site or
facility where the department believes unacceptable human exposure to
contaminants exists.
(b)
The responsible parties shall add to the department-issued sign required in
par. (a) all necessary information, including:
1. Name, address, and phone number of the
owner or operator of the site or facility or responsible parties.
2. Types of hazardous substances or
environmental pollution on the property.
3. Department-issued identification number
for the site or facility.
4. For
signs posted at contaminated soil piles, the anticipated month, day, and year
of removal of the soil pile.
5. Any
other information the department may request.
(c) Responsible parties shall place the signs
at locations on the site or facility in accordance with par. (a), so that they
shall be visible to the general public, unless the department specifies the
location of the sign or signs. At least one sign shall be placed at the edge of
contaminated soil storage piles.
(d) Unless otherwise directed by the
department, signs required under this subsection shall be maintained and
legible for the duration of the response action until final case closure is
received in accordance with ch. NR 726, or until no further action is required
by the department in accordance with s.
NR 708.09.
In addition to the requirements of this chapter,
responsible parties are also required to satisfy the public notification
requirements in other chapters, including chs.
NR
716,
722, and 725. These requirements
include providing information to owners and occupants of property affected by
contamination for which the responsible party is conducting environmental
response actions. This includes (1) notification of sampling results, and (2)
notification that the responsible party will request approval of a remedial
action where residual contamination will remain on the property. The department
is required to provide notification of the conditions of the final case closure
approval to all affected parties.
