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Wisconsin Administrative Code (Last Updated: January 10, 2017) |
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Agency NR. Department of Natural Resources |
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Chapters 400-499. Environmental Protection – Air Pollution Control |
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Chapter 445. Control Of Hazardous Pollutants |
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SubChapter II. Emission Requirements, Review and Notifications for Stationary Sources of Hazardous Air Contaminants |
Section 445.16. Notice of hazardous substance air spills.
Latest version.
History:
Renum. from NR 154.06 and am.,
Register, September, 1986, No. 369
, eff. 10-1-86; renum. from NR 445.05,
Register, September, 1988, No. 393
, eff. 10-1-88; correction made under s. 13.93 (2m) (b) 7. Stats.,
Register, September, 1988, No. 393
;
am.,
Register, November, 1999, No. 527
, eff. 12-1-99;
CR 02-097
: renum. from NR 445.08
Register June 2004 No. 582
, eff. 7-1-04.
Note
The owner or operator of a facility is responsible for determining whether a substance released (or spilled) is considered a hazardous substance as defined in s.
292.01 (5)
, Stats., and whether that hazardous substance was released to the environment. Section
NR 706.05 (1) (a)
contains language that assists in making such a determination. If the facility owner or operator determines that a release of a hazardous substance to the environment has occurred, the spills law, s.
292.11
, Stats. and the rules contained in ch.
NR 706
apply. Both ch.
292
, Stats., and ch.
NR 706
contain exemptions to the spill reporting requirements. In addition, s.
NR 706.07 (2) (b) 1.
,
2.
,
3.
and
4.
contain language specifying when those exemptions do not apply, including impacts or threats to the environment, human health or safety. Other regulations, permits, and reporting requirements, including s.
NR 439.03 (4)
and ch.
NR 438
, may also apply to the hazardous substance release.
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