Wisconsin Administrative Code
Department of Natural Resources
NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination
Chapter NR 728 - Enforcement
Section NR 728.09 - Special orders

Universal Citation: WI Admin Code ยง NR 728.09

Current through August 26, 2024

(1) EMERGENCY ORDERS. The department may issue emergency orders without prior hearing, pursuant to s. 292.11(7) (c), Stats., to the person or persons responsible for a hazardous substance discharge, for the purpose of protecting public health, safety, or welfare. Such an emergency order shall become effective upon receipt. However, the recipient of the order shall have 10 days after service of the order to file a petition for judicial review pursuant to ss. 227.52 and 227.53, Stats. The emergency order shall remain in effect after the filing of a petition for judicial review unless the reviewing court issues a stay.

(1m)ORDERS FOR PREVENTION OF A DISCHARGE.

(a) The department may require that preventive measures be taken by any person possessing or having control over a hazardous substance if the department finds that existing control measures are inadequate to prevent discharges.

(b) The department shall specify necessary preventive measures by order. The order shall be effective 10 days after issuance, unless the person named requests a hearing, in which case no order may become effective until the conclusion of the hearing.

(2)UNILATERAL ADMINISTRATIVE ORDERS. The department may issue unilateral administrative orders pursuant to s. 292.11(7) (c), Stats. Such an administrative order shall become effective 30 days after service of the order, unless the order recipient petitions for a contested case hearing within that 30-day period. All such petitions shall be filed in accordance with the requirements of s. NR 2.05.

(3)CONSENT ORDERS. The department may, in its discretion, issue a consent order pursuant to s. 292.11(7) (c), Stats., if the order recipient is willing to stipulate to the order's issuance.

Section 292.94, Stats., allows the department to assess and collect fees to cover the costs incurred by the department. Chapter NR 749 specifies the fees that apply to these situations.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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