Section 712.11. Exemptions.

 

(1)   General. The following submittals are exempt from the requirements of this chapter:

(a) Submittals related to research projects prepared by, or under the supervision of, employees of state or federal educational or research institutions who have the training, but not the experience, registration or education needed to be a professional engineer, hydrogeologist or scientist. This exemption applies only to persons preparing or supervising the preparation of a submittal pursuant to s. NR 712.07 , not to field personnel covered under s. NR 712.05 .

(b) Analytical laboratory reports prepared by laboratories that are certified or registered under ch. NR 149 or the U.S. EPA contract laboratory program.

(c) Plans or specifications for air emission treatment devices that are submitted to the department's bureau of air management for approval.

(d) Plans or specifications submitted to the department's bureau of water quality for approval of lagoon or treatment system abandonment.

(e) Plans and specifications submitted to the department to meet the requirements of ch. NR 108 .

(f) Tank closure assessments performed in accordance with the requirements of ch. ATCP 93 by a site assessor certified by the department of agriculture, trade and consumer protection, and any other plans, specifications or reports required by the department of agriculture, trade and consumer protection not specifically required by chs. NR 700 to 754 .

(g) Plans for the landspreading of soil contaminated only with fertilizers or regulated pesticides.

(2)   Sampling.

(a) Sampling that is conducted in compliance with all of the following conditions is exempt from the requirements of s. NR 712.05 (1) to (3) , except as provided in par. (b) :

1. The sampling is conducted by responsible parties or by an employee of the responsible parties in compliance with all of the requirements of chs. NR 700 to 726 , except s. NR 712.05 (1) to (4) .

2. The sampling is conducted by responsible parties or by an employee of the responsible parties in accordance with all applicable sampling protocols established by the department. A description of sampling and sample preservation methods shall be provided to the department by the responsible parties at the time that the sampling results are submitted.

3. A statement is included in the submittals that describes the education, training and experience that qualifies the person who collected the samples to take samples without meeting the requirements of s. NR 712.05 (2) .

(b) The department may reject any sampling results submitted under this subsection if the department determines that the samples were not taken in accordance with the requirements of this subsection and all other applicable sections of chs. NR 700 to 754 , or that the person taking the samples was not qualified to do so based on the statement submitted to the department under par. (a) 3. If the department rejects any sampling results, the department shall provide the responsible parties with specific reasons for the rejection in writing. The responsible parties shall hire a consultant who meets the qualifications of s. NR 712.05 to conduct any required sampling if the department directs them to do so in writing.

History: Cr. Register, April, 1994, No. 460 , eff. 5-1-95 ; am. (1) (f), Register, February, 1997, No. 494 , eff. 3-1-97; correction in (1) (f) made under s. 13.93 (2m) (b) 7., Stats., Register September 2007 No. 621 ; correction in (1) (f) made under s. 13.92 (4) (b) 7., Stats., Register February 2012 No. 674 ; CR 12-023 : am. (1) (d), (f), (2) (b) Register October 2013 No. 694 , eff. 11-1-13; corrections in (1) (f) made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2013 no. 694.

Note

Section NR 108.04 (2) (c) requires the final plans and specifications for wastewater treatment devices to be submitted under the signature and the seal of a professional engineer. Microsoft Windows NT 6.1.7601 Service Pack 1