Current through August 26, 2024
(1) GENERAL. As
a condition of approving an interim action, a remedial action, or of granting
case closure, the department may require a person who is required to take
action under ch. 292, Stats., with respect to contaminated sediment, and who
takes action that includes the use of a contaminated sediment engineering
control, to do any of the following:
(a)
Maintain any contaminated sediment engineering controls on the site or
facility.
(b) Investigate the
extent of residual contamination and perform any necessary remedial action if a
structural impediment is removed that had prevented a complete investigation or
remedial action at the site.
(c)
Submit a plan and compliance schedule for satisfying the requirements under
pars. (a) and (b) to the department for approval.
(d) Submit proof of financial responsibility
sufficient to pay the costs of complying with the plan and compliance schedule
under par. (c) to the department for approval.
(2) PLAN AND COMPLIANCE SCHEDULE AND PROOF OF
FINANCIAL RESPONSIBILITY.
(a)
Requirements; plan and compliance schedule. The responsible
party shall provide to the department a design report meeting the requirements
under s.
NR 724.09, along with a plan and compliance schedule that
identifies the scheduled actions that will lead to the completion of any
applicable requirements under sub. (1)(a) and (b) for the purposes of meeting
the requirements under ch. 292, Stats. Unless otherwise directed by the
department, a person required to submit a plan and compliance schedule shall
include all of the following in the plan and compliance schedule:
1. Scheduled actions that will be taken to
attain the goals established under sub. (1)(a) and (b), and dates for
completion of these actions. These actions may include items required under ss.
NR 724.13, 724.15, and 724.17, as applicable, and any
other actions directed by the department in writing. Verification of sufficient
legal access to conduct all scheduled actions shall be included.
2. An engineering analysis certified by a
licensed professional engineer, as defined under s.
NR 712.03. The analysis shall include the duration and
ongoing efficacy of any engineering controls or structural impediments and
assessment of the vulnerability of any engineering controls or structural
impediments to any events or third-party actions that may occur and affect
completion of the goals established in the plan and compliance
schedule.
3. Inspection and
reporting criteria that include an inspection schedule. The inspection schedule
shall require an inspection and a report at least every 5 years. The inspection
report shall provide an engineering analysis of the current conditions of the
engineering control or structural impediment with respect to ongoing efficacy,
vulnerabilities, events or actions identified under subd. 2. The inspection
report shall be certified by a licensed professional engineer, as defined under
s.
NR 712.03. Report conclusions shall include
identification of issues, recommendations and follow-up actions, and a
determination of whether the remedy is protective of human health and the
environment.
4. Any access
agreements needed to secure legal access for the department to the enter
property to determine compliance with this chapter and any plan and compliance
schedule required under this chapter.
(b)
Requirements; financial
responsibility. Unless otherwise directed by the department, a person
required to submit proof, as required under this chapter, shall submit proof
for all of the following:
1. The costs of
planned engineering control monitoring, maintenance, inspections, and repair
for each year of the proof period.
2. The costs of any additional engineering
control monitoring, maintenance, inspections, and repair that may be needed
following any events or third-party actions that may occur during the proof
period, including investigation and remediation following a failed engineering
control.
3. The costs of
inspection, investigation of the extent of residual contamination, and the
performance of any necessary response actions following the removal of a
structural impediment that had prevented a complete investigation or remedial
action at the site at the time of the approval of the plan.
4. The costs of any additional investigation
and remediation necessary if the building or other structural impediment is
removed pursuant to any events or third-party actions that may occur during the
proof period.
(3) LENGTH OF REQUIREMENTS.
(a)
Proof period. Except as
otherwise approved by the department, a person required to submit proof shall
maintain proof of financial responsibility for the proof period for each
applicable financial responsibility requirement under sub. (2) (b).
(b)
Establishing the initial proof
period. A person that is required to submit a plan and compliance
schedule and proof of financial responsibility under this chapter shall submit
to the department, as part of the plan and compliance schedule, a proposed
initial proof period for each applicable financial responsibility requirement
under sub. (2) (b). The proposed initial proof period is subject to approval by
the department as part of the plan and compliance schedule and is subject to
extension under par. (c).
(c)
Extension of plan and compliance schedule and proof period.
The department may, in writing, extend the plan and compliance schedule and the
proof period for any applicable financial responsibility requirement until the
department determines that the actions under sub. (1)(a) and (b) are no longer
applicable and necessary to protect human health and the environment.
Note: The actions under s. NR 756.04(1) (a) and
(b) are no longer applicable and necessary if the engineering control is no
longer needed and the structural impediment is removed, and any remaining
contamination is investigated and remediated.
Note: Under s. NR 756.07(2), a person that is
required to maintain proof of financial responsibility is required to seek
review of the length of the proof period from the department prior to
submitting an adjustment to the cost estimate. Under s. NR 756.12(3), a person
that is required to maintain proof of financial responsibility is required to
seek review of the length of the proof period from the department prior to
submitting an application for a reduction in the amount of required financial
responsibility.
(4) SUBMITTAL. The department may require a
person subject to requirements under sub. (1) to submit the plan and compliance
schedule and proof of financial responsibility simultaneously with the plans,
reports, and specifications required under ss.
NR 708.15, 708.17, and 722.13, and chs.
NR 724 and 726.
(5) DEPARTMENT RESPONSE. When reviewing a
plan for approval, the department may elect to do any of the following in
regard to the entire plan or a part of the plan:
(a) Deny a request for approval.
(b) Request that additional information be
supplied as part of the plan and compliance schedule.
(c) Require adjustments to actions,
timeframes, and analyses presented in the plan and compliance
schedule.
(d) Approve the plan and
compliance schedule.
(6)
FEES AND INSPECTIONS.
(a) Plan and compliance
schedule review fees shall be submitted in accordance with ch. NR
749.
(b) Reports, including
inspection reports, required under sub. (2) (a) 3. shall be submitted with a
fee in accordance with ch. NR 749.
(c) The department may enter a property for
which access has been provided to determine compliance with this chapter and
any plan and compliance schedule required under this chapter.
