Applicability

Applicability. (1) This chapter applies to emergency and non–emergency immediate actions and interim actions taken by the department under the authority of ch. 292 , Stats. In this chapter, where the term “responsible parties” appears, it should be read to include the department in situations where a department–funded response action is being taken. (2) This chapter applies to immediate actions and interim actions taken by responsible parties at sites, facilities or portions of a site or facility that are subject to regulation under s. 292.11 or 292.31 , Stats., regardless of whether there is direct involvement or oversight by the department. (2m) This chapter applies to response actions taken by persons seeking the liability exemption under s. 292.15 , Stats. (2r) Section NR 708.17 applies to response actions taken by a local governmental unit or economic development corporation when directed by the department under s. 292.11 (9) (e) 4. , Stats. (3) 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 control. The department shall, after receipt of a request from a responsible party, provide a letter that indicates which regulatory program or programs the department considers to be applicable to the site or facility.