Wisconsin Administrative Code
Department of Natural Resources
NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination
Chapter NR 722 - Standards for selecting remedial actions
Section NR 722.15 - Department response
Universal Citation: WI Admin Code § NR 722.15
Current through February 24, 2025
(1) GENERAL. The department may respond to the submission of a remedial action options report required by this chapter using one of the following methods:
(a) The
department may, in writing, direct responsible parties to submit all of the
reports required under this chapter and to proceed to implement the selected
remedial action without department approval, review or
acknowledgement.
(b) The department
may, in writing, direct responsible parties that review and approval of a
remedial action options report is necessary prior to proceeding to implement
the selected remedial action pursuant to ch. NR 724. The department shall
provide written acknowledgement of receipt of each report submitted pursuant to
this chapter within 30 days. Department acknowledgement shall include an
estimated date for completion of department review.
(2)DEPARTMENT REVIEW. In cases where the department is reviewing a remedial action options report under this chapter prior to the implementation of the selected remedial action, the department:
(a) May exercise discretion on a case-by-case
basis and request additional information, require revisions, approve,
conditionally approve or disapprove of the report.
(b) Shall provide a written explanation of
the reasons for any disapproval to the responsible parties.
(c) May establish a schedule for the
responsible parties to provide additional information and revisions to the
department.
(d) May approve the
remedial action options report only after ensuring that implementation of the
selected remedial action will adequately protect human health, safety, and the
environment. In making this determination, the department shall consider the
following factors as appropriate:
1. The
physical and chemical characteristics of each contaminant including its
toxicity, persistence, and potential for migration.
2. The hydrogeologic characteristics of the
site or facility and the surrounding area.
3. The proximity, quality, and current and
future uses of nearby surface water and groundwater.
4. The potential effects of residual
contamination on nearby surface water and groundwater.
5. All other relevant assessments prepared
and submitted in compliance with the requirements of s.
NR 722.11.
6.
All other relevant information contained in the remedial options
report.
(e) May, as a
condition of approving the remedial action, do any of the following:
1. Require operation and maintenance of an
engineering control on the site.
2.
Require an investigation of the extent of residual contamination and the
performance of any necessary remedial action if a building or other structural
impediment is removed that had prevented a complete investigation or remedial
action at the site.
3. Require that
the department be notified prior to a change in land use, if the proposed land
use change would be such that any of the exposure assumptions on which a
continuing obligation are based would no longer be protective of human health,
safety, or welfare or the environment.
4. Require vapor control technologies be used
for any new construction on the site, or require interim actions to limit or
prevent vapor intrusion be installed, operated and maintained.
5. Require site-specific actions or
continuing obligations to adequately protect human health, safety, or welfare
or the environment.
6. Require the
submittal of the information necessary for listing the site on the department
database.
Note: In accordance with ch. NR 749, the appropriate review must accompany any request for the department to review a specific document.
(3)NOTICE TO PROCEED. Unless otherwise directed, at sites or facilities where the department approves or conditionally approves of a remedial action report, the responsible parties shall initiate the design and construction of the selected remedial action within 90 days after department approval or conditional approval.
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