Header:
WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF NATURAL RESOURCES
CHAPTER NR 714. PUBLIC INFORMATION AND PARTICIPATION
Date:
08/31/2009
Document:
NR 714.07 General public participation requirements.
(1) EVALUATION OF NEED FOR PUBLIC PARTICIPATION. In order to promote effective and meaningful public participation, responsible parties shall conduct all necessary public participation activities, unless otherwise directed by the department. Responsible parties shall evaluate the need for and the level of public participation, based on the following criteria:
(a) Threats. Known or potential threats to public health, safety or welfare or the environment that may be reduced by providing information to the public.
(b) Public concern. Level of public concern about a specific site, facility or discharge or the number or status of sites, facilities or discharges which require a response action within a particular geographic area.
(c) Additional information needed. The need to contact the public in order to gather information about the response action, including immediate or interim actions.
(d) Other. Any other factors which may be relevant to a specific site, facility or discharge or to a group of sites, facilities or discharges.
(2) NOTIFICATION. If responsible parties or the department determine that public notification is necessary at a site or facility, responsible parties shall include, or the department may direct the responsible parties to include, the following information in publicly disseminated information or news releases:
(a) Description. A description of the contamination, including the type, volume and characteristics of the contamination.
(b) Mitigation. Response actions underway to contain, reduce or eliminate the threat of the contamination.
(c) Contacts. Phone number and address of persons to contact for more information.
(3) POSTING OF SIGNS. (a) Unless otherwise directed by the department, responsible parties shall post one or more department-issued signs in the following manner, when any of the following conditions are found at a site or facility:
1. At the edge of the excavated contaminated soil being stored on the site or facility.
2. The specific locations at the facility or site where contaminated media present a direct contact threat to humans.
Note: Responsible parties should consult s. NR 720.11, table 2, and the procedures established in s. NR 720.11 or the procedures established in s. NR 720.19 (5) for residual contaminant levels based on protection of human health from direct contact, to assist in determining when contaminated soil poses a direct contact or inhalation threat to the public.
3. At the entry locations of buildings or structures contaminated with hazardous substances or environmental pollution that pose or may pose a threat to public health, safety or welfare, and where the building or structure will be addressed by one of the response actions for the site or facility.
4. Any other site or facility where the department believes unacceptable human exposure to contaminants exists.
(b) The responsible parties shall add to the department-issued sign required in par. (a) all necessary information, including:
1. Name, address and phone number of the owner or operator of the site or facility or responsible parties.
2. Types of hazardous substances or environmental pollution on the property.
3. Department-issued identification number for the site or facility.
4. For signs posted at contaminated soil piles, the anticipated month, day and year of removal of the soil pile.
5. Any other information the department may request.
(c) Responsible parties shall place the signs at locations on the site or facility in accordance with par. (b), so that they shall be visible to the general public, unless the department specifies the location of the sign or signs. At least one sign shall be placed at the edge of contaminated soil storage piles.
(d) Unless otherwise directed by the department, signs required under this subsection shall be maintained and legible for the duration of the response action until the case is closed out in accordance with ch. NR 726, or until no further action is required by the department in accordance with s. NR 708.09.
(4) REQUESTS FOR SITE OR FACILITY-SPECIFIC INFORMATION. Interested persons may request, in writing, that the department keep them informed of the response actions being taken at a site or facility. The department shall maintain a list of persons interested in a specific site or facility and provide them with copies of any department approvals or rejections for all of the following documents:
(a) Site investigation workplans.
(b) Site investigation reports.
(c) Remedial action options reports.
(d) Department responses to requests for case closure in s. NR 726.07 (1) and final decisions on case closures in s. NR 726.07 (2).
(6) ADDITIONAL PUBLIC PARTICIPATION ACTIVITIES. If the responsible parties or the department determine that additional public participation activities are required to supplement the public notification required under sub. (2), after considering the factors listed in sub. (1), the responsible parties shall, unless otherwise directed by the department, conduct one or more of the following activities:
(a) Contact government officials. Contact local government, law enforcement, emergency response and health officials to inform them of the circumstances and the actions that are under way to contain, reduce or eliminate the threat of the contamination.
(b) Contact interested individuals. Contact persons who have asked to be kept informed of site or facility activities at various points in the process.
(c) Contact media. Prepare radio, newspaper or television announcements.
(d) Hold informational meetings. Hold public informational meetings.
(e) Distribute leaflets. Distribute leaflets door-to-door in the vicinity of the site or facility.
(f) Establish a clearinghouse. Establish an information clearinghouse or hotline number.
(g) Other. Use other appropriate mechanisms to contact and inform the public.
|