Header:
WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF NATURAL RESOURCES
CHAPTER NR 746 AGENCY ROLES AND RESPONSIBILITIES FOR PETROLEUM CONTAMINATED SITES
Date:
02/17/2014
Document:
NR 746.06 Classification and transfer of sites
(1) GENERAL. (a) The responsible person shall make a preliminary determination as to the classification of a site as high-risk, or medium or low risk based on the definitions in s. 101.144 (1) (aq), Stats., and s. NR 746.03 (4), (5), and (6), and the data that have been collected during the site investigation.
(b) Until a classification determination is made by the agency that receives a submittal under sub. (2) or (3), the department has administrative authority for the site.
(2) SUBMITTAL OF SITE INVESTIGATION REPORTS TO THE APPROPRIATE AGENCY. Site investigation reports submitted after September 1, 2013, shall include a statement as to whether a site is believed to be high-risk, or medium or low risk and shall be submitted directly to the agency with administrative authority for the site under s. NR 746.04 (1). If a site falls under the authority of the department of safety and professional services, the responsible person shall provide the department with a copy of the letter that transmits the site investigation report to the department of safety and professional services, which includes the Wisconsin Transverse Mercator coordinates for the site and supporting information, as required under s. NR 716.15 (2) (c) 4. The department shall transfer the site file to the department of safety and professional services within 14 days after receipt of a copy of the transmittal letter that indicates that the site falls under the authority of the department of safety and professional services.
(3) SUBMITTAL OF CASE CLOSURE REQUESTS TO THE APPROPRIATE AGENCY. If the site investigation report was submitted without a determination of whether the site is believed to be high-risk, or medium or low risk, the closure request shall be submitted directly to the agency that is believed to have administrative authority for the site under s. NR 746.04 (1). If a site falls under the authority of the department of safety and professional services, the responsible person shall provide the department with a copy of the letter that transmits the closure request to the department of safety and professional services. The department shall transfer the site file to the department of safety and professional services within 14 days after receipt of a copy of the transmittal letter that indicates that the site falls under the authority of the department of safety and professional services.
(4) CHANGES IN CLASSIFICATION. If a site has been classified as high-risk, or medium or low risk, and the agency receiving the site investigation report or case closure request determines that the classification is incorrect and the site, as reclassified, falls under the other agency's administrative authority, the agency making the determination shall transfer the site file and all related data to the other agency within 14 days after making the determination that the site was incorrectly classified. The agency making the determination shall provide written notice to inform the responsible person that the site has been reclassified, which can be done by sending to the responsible person a copy of the reclassification letter that is addressed to the other agency. The written notice shall state the reasons for the reclassi-fication.
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