Applicability

Applicability. (1) This chapter applies to all remedial actions taken by responsible parties to address soil contamination after an investigation has been conducted at 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 soil contamination at all of the following: (a) Solid waste facilities, where remedial action is required by the department pursuant to ch. NR 508 . (b) Hazardous waste facilities, where the owner or operator is required to close the facility pursuant to s. 291.29 , Stats., or subchs. G and H of ch. NR 664 , or to institute corrective action pursuant to s. 291.37 , Stats., or s. NR 664.0100 . However, if U.S. EPA requires that states employ soil cleanup standards for hazardous waste facilities that are more stringent than the standards in this chapter, the department is obligated under the state’s hazardous waste management act, ch. 291 , Stats., and its hazardous waste program RCRA authorization to apply the more stringent soil cleanup standards. (c) Wastewater lagoons, storage structures and treatment structures that are abandoned pursuant to s. NR 110.09 , 213.07 or 214.08 . (d) Sites where remedial action is being taken by a person who is seeking the liability exemption under s. 292.15 , Stats. (e) Sites with PCB contamination. (2) This chapter applies to interim actions taken by responsible parties or other persons under s. 292.15 , Stats., when at the completion of both the site investigation and interim action taken to address contaminated soil, the responsible parties or persons taking action under s. 292.15 , Stats., request that the site or facility be closed out in accordance with ch. NR 726 , without taking a subsequent remedial action to address the contaminated soil. (3) This chapter applies to remedial actions taken by the department where a department-funded response action is being taken under the authority of ch. 292 , Stats. (4) Concentrations of legally applied pesticides are exempt from the requirements of this chapter when all of the following conditions are met: (a) The application of the pesticide was done in compliance with: 1. The pesticide label currently registered with the U.S. EPA; 2. Sections 94.67 to 94.71 , Stats.; and 3. Rules adopted under ss. 94.67 to 94.71 , Stats. (b) For pesticides that are intended to be applied to the soil, pesticide concentrations exceeding soil cleanup standards are only found in the surface soil layer, where the pesticide is expected to perform its intended purpose, and only at concentrations that would be expected from pesticide application, in compliance with the pesticide label requirements. (5) 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 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. (6) The department may take any action within the context of regulatory programs established in statutes or rules outside this chapter, if those actions are necessary to protect public health, welfare, or safety or prevent a damaging effect on the environment for present and future uses, whether or not a soil cleanup standard has been adopted under this chapter. (7) Nothing in this chapter authorizes an impact on soil quality that would cause a violation of a groundwater quality standard contained in ch. NR 140 , an impact on soil quality or groundwater quality that would cause a violation of a surface water quality standard contained in chs. NR 102 to 106 or an impact on soil quality that would cause a violation of an air quality standard contained in chs. NR 400 to 499 .