Applicability

Applicability. (1) Except as provided in s. NR 712.11 , this chapter applies to work performed by environmental consultants hired by the department under the authority of s. 292.11 or 292.31 , Stats. (2) Except as provided in s. NR 712.11 , this chapter applies to all sampling and field work conducted during any response action being taken to satisfy the requirements of chs. NR 700 to 754 , including the preparation of phase I or phase II environmental site assessments. (3) Except as provided in s. NR 712.11 , this chapter applies to any person who provides engineering services or performs any scientific evaluation associated with a remedial action or any of the interim actions specified in chs. NR 700 to 754 for a site, facility or portion of a site or facility that is subject to regulation under ch. 292 , Stats., regardless of whether there is direct involvement or oversight by the department. This chapter also applies to any person who provides engineering services or performs any scientific evaluation associated with a response action taken by a person seeking the liability exemption under s. 292.15 , Stats. (4) 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, upon 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.