(1) GENERAL. An
option from the range of technically feasible options shall be selected based
on the results of the evaluation conducted pursuant to s.
NR 722.07, in compliance with this section. If an
option's cost, including all the costs listed in s.
NR 722.07(4) (b), is excessive with
respect to what is being technically achieved by the option relative to other
available options, responsible parties may choose not to select it.
(2)ENVIRONMENTAL LAWS AND STANDARDS.
Responsible parties shall select a remedial action or combination of remedial
actions that achieve restoration of the environment to the extent practicable,
minimize the harmful effects from the contamination on the air, lands and
waters of the state and comply with all applicable state and federal public
health and environmental laws and environmental standards. Environmental laws
and standards include:
(a)
Soils. Contaminated soil shall be restored in compliance with
the requirements of ch. NR 720.
Note: Chapter
NR
720 provides for residual contaminant levels or
performance standards. If residual contaminant levels are used instead of
performance standards they must be determined in accordance with the
requirements set forth in ch. NR 720. A performance standard maintains a
condition that is protective of human health, safety and welfare and the
environment. Use of a performance standard will involve land use restrictions,
maintenance agreements, long-term monitoring or a combination of these.
(b)
Groundwater.
Contaminated groundwater shall be restored in accordance with all of the
following requirements:
1. For substances
that are listed in ch. NR 140, the groundwater restoration goal is the
preventive action limit. The preventive action limits shall be achieved to the
extent technically and economically feasible, pursuant to ss.
NR 140.24 and
140.26, unless a PAL exemption is
granted pursuant to s.
NR 140.28.
2.
For substances which do not have an established standard in ch. NR 140, the
department may take or require the responsible parties to conduct any necessary
actions, such as developing site-specific environmental standards in
cooperation with the department of health services, to protect public health,
safety, or welfare or to prevent a significant damaging effect on groundwater
or surface water quality for present or future consumptive or non-consumptive
uses.
(c)
Surface water and wetlands.
1. Discharges to surface waters or wetlands
may not result in a surface water quality standard contained in chs.
NR 102 to
106 being exceeded and may not
exceed effluent limitations established by the department based on "best
available control technology currently available" or, where appropriate, "best
available control technology economically achievable," in accordance with ch.
NR 220.
2. For substances that do
not have established criteria in ss.
NR 102.14
and
105.05 to
105.09, discharges to surface waters
or wetlands may not exceed site-specific water quality criteria established by
the department pursuant to the general standards of ss.
NR 102.04(1) (d) and
103.03(2) (d).
Note: The water quality standards contained in
chs.
NR 102 to
106 are comprised of water quality
criteria for the prevention of adverse tastes and odors in fish and drinking
water (s.
NR 102.14), acute and chronic toxicity to aquatic life (ss.
NR 105.05 and
105.06, respectively), adverse effects
to wild and domestic animals (s.
NR 105.07), human threshold and cancer effects (ss.
NR 105.08 and
105.09, respectively) and designated
uses of the surface waters based on their classification and water quality
standards and criteria for wetlands. Chapter
NR 220 provides that for those
point sources identified in s.
NR 220.21(1), the department shall
establish effluent limitations that are achievable by the application of the
"best practicable control technology currently available" or, where
appropriate, the "best available control technology economically achievable",
as required in s.
NR 220.21(2).
3. At sites or facilities in, or in close
proximity to, surface water bodies or wetlands, active remedial actions shall
be taken to prevent or minimize, to the extent practicable, potential and
actual hazardous substance discharges and environmental pollution that may
attain or exceed surface water or wetland criteria established in accordance
with chs.
NR 102 to
106.
(d)
Discharges to the air.
All emissions to the air shall comply with applicable requirements in ch. 285,
Stats., chs.
NR
400 to
499, and any other applicable
federal or state environmental laws. In addition, for those sites or facilities
where a discharge of volatile hazardous substances has occurred, the vapor
intrusion pathway shall be evaluated to determine the likelihood of those
substances entering the breathing space of a structure. Air contaminated from
vapor intrusion shall be restored in accordance with the following
requirements:
1. At sites or facilities where
vapors have migrated from the source of contamination, active remedial actions
shall be taken to limit or prevent, to the extent practicable, potential and
actual hazardous substance discharges and environmental pollution that may
attain or exceed vapor action levels.
2. The department may take or require the
responsible parties to conduct any necessary actions, such as developing
site-specific environmental standards in cooperation with the department of
health services, to protect public health, safety, or welfare or to prevent a
significant damaging effect on indoor air quality for present or future
use.
(e)
Hazardous and solid waste.1.
Any waste, debris or waste stream generated by the remedial action shall be
managed in compliance with all applicable state and federal laws and
regulations. Contaminated debris, at a minimum, shall be addressed to minimize
the harmful effects to protect health, safety, and welfare and the
environment.
2. Management of
materials contaminated with polychlorinated biphenyls (PCBs) shall comply with
the requirements of ch. NR 157 and TSCA, if applicable.
(2m)SUSTAINABLE REMEDIAL ACTION.
Once the remedial action has been selected, the responsible party shall
evaluate all of the following criteria, as appropriate for the selected
remedial action:
(a) Total energy use and the
potential to use renewable energy.
(b) The generation of air pollutants,
including particulate matter and greenhouse gas emissions.
(c) Water use and the impacts to water
resources.
(d) The future land use
and enhancement of ecosystems, including minimizing unnecessary soil and
habitat disturbance and destruction.
(e) Reducing, reusing, and recycling
materials and wastes, including investigative or sampling wastes.
(f) Optimizing sustainable management
practices during long-term care and stewardship.
Note: Tradeoffs will exist when evaluating
these criteria and responsible parties need to balance both the benefits and
risks to human health and the environment when selecting and implementing the
best overall approach. Additional information can be obtained from U.S. EPA at:
http://www.clu-in.org/greenremediation/.
(3)ADDITIONAL STANDARDS
OF PERFORMANCE. Each remedial action or combinations of actions shall protect
public health, safety and welfare and the environment from all contaminated
media, routes of exposure and contamination at the site or facility.
Responsible parties shall presume that a remedial action option or combination
of options is protective if it meets the criteria in sub. (2), unless the
responsible party or the department determines that compliance with applicable
public health and environmental laws, including environmental standards, is not
protective of public health, safety, or welfare or the environment due to
multiple pathways of exposure or synergistic effects of contamination. At sites
or facilities where there may be synergistic effects of contamination, multiple
pathways of exposure or both that pose an unacceptable threat to public health,
safety or welfare or the environment, responsible parties shall attain more
stringent, facility or site-specific numeric standards to ensure that public
health, safety and welfare and the environment are protected. In such a
situation, the department may require that the responsible parties develop a
site-specific numeric or performance standard, or both, that is protective of
public health, safety and welfare and the environment for the specific media,
migration or exposure pathways and contamination.
(4)LANDFILL DISPOSAL OF UNTREATED
CONTAMINATED UNCONSOLIDATED MATERIAL. Responsible parties may only select
landfill disposal for untreated contaminated unconsolidated material if such
disposal is in compliance with chs.
NR 500 to
538, the landfill's approved plan
of operation and both of the following requirements:
(a)
Use of untreated contaminated
unconsolidated material.
1. Except
as provided in subd. 2., untreated contaminated unconsolidated material may
only be accepted by the landfill operator for use as daily cover in accordance
with s.
NR 514.04(6), if the volume of untreated
contaminated unconsolidated material that is proposed to be used as daily cover
does not exceed the landfill's net daily cover needs nor 12.5% of the annual
volume of waste received by the landfill, or for use in the construction of
soil structures within the fill area when approved for that specific use by the
department, unless otherwise specifically provided in the landfill's individual
license and approved plan of operation.
2. Untreated contaminated unconsolidated
material that is not usable as daily cover or for soil structures and for which
there is no technically and economically feasible treatment alternative may be
disposed of in a landfill only with prior written approval from the department,
unless otherwise specifically provided in the landfill's individual license and
approved plan of operation.
(b)
Volume limitations.
1. Except as provided in subd. 2. or 3., the
volume of untreated contaminated unconsolidated material from a single site or
facility that is proposed for landfill disposal may not exceed 250 cubic yards
as measured in situ.
2. Except as provided in subd. 3., volumes of
untreated contaminated unconsolidated material that exceed 250 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.
3. Volumes of untreated contaminated
unconsolidated material that exceed 2000 cubic yards may be disposed of in a
landfill only if prior written approval is obtained from the department after
the department has reviewed a remedial action options report.
(5)CONTINUING
OBLIGATIONS. All legal and administrative mechanisms that establish
property-specific responsibilities shall be selected consistent with the
provisions of ch. 292, Stats., ch. NR 726, and this chapter, and are protective
of public health, safety, and welfare and the environment.
Material contaminated with polychlorinated biphenyls
(PCBs) must be managed in accordance with the requirements of chs.
NR
700 to
754. EPA has independent authority
to regulate material contaminated with PCBs under TSCA. The department and EPA
have entered into a memorandum of understanding that specifies how
responsibility for government oversight at sites with PCB contamination will be
determined. The memorandum of agreement can be found at:
http://dnr.wi.gov/files/pdf/pubs/rr/rr786.pdf.
