Applicability

Applicability. (1) This chapter applies to the closure of all cases where a response action, other than an immediate action, is taken 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, except that this chapter does not apply where the department determines under ch. NR 708 that no further action is necessary. (2) In addition to being applicable to sites or facilities specified in sub. (1) , this chapter applies to the proposed closure of all of the following: (a) Solid waste facilities where remedial action is required by the department pursuant to ch. NR 508 . (b) Sites or facilities where remedial action has been taken by a person who is seeking a liability exemption under s. 292.15 , 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 there are overlapping restrictions or requirements, the more restrictive requirements shall control. The department shall, after receipt of a request and the appropriate fee under ch. NR 749 from the responsible parties, provide a letter that indicates which regulatory program or programs the department considers to be applicable to a site or facility.