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WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF NATURAL RESOURCES
CHAPTER NR 706. HAZARDOUS SUBSTANCE DISCHARGE NOTIFICATION AND SOURCE CONFIRMATION REQUIREMENTS
SUBCHAPTER III -- DISCHARGE NOTIFICATION AND SOURCE CONFIRMATION REQUIREMENTS FOR UNDERGRO
Date:
08/31/2009
Document:
NR 706.15 UST discharge source confirmation.
(1) EVIDENCE OF A DISCHARGE. (a) If there is evidence of the discharge of a hazardous substance to the environment which may be from an UST system, the owner or operator of the UST system shall, within 10 days of discovery of the evidence, under take all steps necessary to determine whether the UST system is the source of the discharge.
(b) Evidence of a discharge which may be from an UST system includes, but is not limited to, visible soil contamination and the presence of free product or vapors in soils, basements, sewers or utility lines, or on surface water or groundwater in the surrounding area.
(2) SYSTEM INTEGRITY TESTS. (a) When a discharge monitoring system indicates a hazardous substance discharge may have occurred or there is other evidence of a hazardous substance discharge to the environment, the owner or operator of the UST system shall conduct the appropriate tests for tightness specified in ch. Comm 10 to determine whether a leak exists in the tank or the attached piping, or both.
(b) Further investigation is not required if the test results for the system, tank and piping do not indicate that a leak exists and if there is no other indication of a discharge of a hazardous sub stance from the UST system.
(c) If the tests do not indicate that a leak exists, but there is other evidence of a hazardous substance discharge to the environment which may be associated with the UST system, the department may require the owner or operator of an UST system to undertake other measures to determine whether contamination is associated with the UST system, including the identification and investigation of potential migration pathways from the UST system to the location where contamination is discovered.
(3) SITE CHECK. (a) If there is evidence of the discharge of a hazardous substance to the environment which may be from an UST system, but system integrity tests conducted under sub. (2) do not indicate that a leak exists, the owner or operator shall collect samples for laboratory analysis from areas where contamination is most likely to be present at the UST site, unless the presence and source of the discharge have been confirmed in a site check conducted to comply with s. Comm 10.734.
(b) In selecting sample types, sample locations and measurement methods, the owner or operator shall consider the nature of the stored substance, the type of backfill, depth to groundwater and other factors as appropriate for identifying the presence and source of the release.
(4) NOTIFICATION OF A CONFIRMED DISCHARGE. When UST system integrity test results or sampling results indicate that a discharge of a hazardous substance has occurred, the owner or operator of the UST system shall report the confirmed discharge immediately in accordance with the requirements of s. NR 706.05 and exemptions and exceptions in s. NR 706.07.
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