Applicability

Applicability. (1) This chapter and chs. NR 702 , 704 , and 708 to 754 apply to actions taken by the department under the authority of chs. 289 and 292 , Stats. (2) This chapter and chs. NR 706 to 754 apply to actions taken by responsible parties at sites, facilities or portions of a site or facility that are subject to regulation under chs. 289 and 292 , Stats., regardless of whether there is direct involvement or oversight by the department. (2m) This chapter and chs. NR 706 to 728 , 750 , and 754 apply to actions taken by persons who are seeking a liability exemption under s. 292.15 , Stats. (3m) The department may exercise enforcement discretion on a case-by-case basis and choose to regulate a site, facility or a portion of a site or facility under only one of a number of potentially applicable statutory authorities. However, where overlapping restrictions or requirements are applicable, the more restrictive shall control. The department shall, after receipt of a written request and appropriate ch. NR 749 fee from a responsible party, provide a letter that indicates which regulatory program or programs the department considers to be applicable to a site or facility.