Applicability

Applicability. (1) This chapter applies to all site investigations required under s. NR 716.05 and conducted by: (a) The department under the authority of ch. 292 , Stats. In this chapter, where the term “responsible parties” appears, it shall be read to include “the department” where department–funded response action is being taken. (b) Responsible parties at sites, facilities or portions of a site or facility that are subject to regulation under ch. 292 , Stats., regardless of whether there is direct involvement or oversight by the department. (c) Persons undertaking actions in order to obtain the liability exemption under s. 292.15 , Stats. In this chapter, where the term ‘‘responsible parties” appears, it shall be read to include “the voluntary party” or ‘‘person under contract with the voluntary party” where an action is being taken to comply with s. 292.15 , Stats. (d) Other persons seeking closure under NR 726. (2) 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 apply, the more restrictive provision controls. The department shall, after receipt of a request from the responsible parties, provide a letter indicating which regulatory program or programs the department considers to be applicable to a site or facility.