Section 706.07. Exemptions.

  The exemptions in this section are limited to notification or penalty provisions. Responsible parties shall comply with the response requirements of s. NR 706.05 (2) for all situations. While notification of the discharge is exempt under this section, a response to the discharge is still required under s. 292.11 , Stats. The exemptions are as follows:

(1)   Statutory notification exemptions. The following persons are not required to notify the department of a hazardous substance discharge that falls within any of the following categories:

(a) Any person holding a valid permit under ch. 283 , Stats. , is exempt with respect to substances discharged within the limits authorized by the permit.

(bm) Any person discharging in conformity with a permit or program approved under chs. 280 to 299 , Stats., is exempt with respect to substances discharged within the limits authorized by the permit or program.

(cm) Any person applying a registered pesticide according to the label instructions, or applying a fertilizer at or below normal and beneficial agronomic rates, is exempt with respect to that pesticide or fertilizer application.

(2)   De minimis exemptions.

(a) Except when reporting is required under par. (b) , the following discharges do not require notification to the department:

1. A discharge of gasoline or another petroleum product that is completely contained on an impervious surface.

2. A discharge of gasoline if less than one gallon is discharged onto a surface that is not impervious or runs off an impervious surface.

3. A discharge of a petroleum product other than gasoline if less than 5 gallons is discharged onto a surface that is not impervious or runs off an impervious surface.

4. A discharge of a dry fertilizer if the amount is less than 250 pounds.

5. A discharge of a liquid fertilizer if the amount is less than 25 gallons, unless the reportable quantities listed for chemicals in 40 CFR part 117 or 302 are more restrictive, in which case the values in 40 CFR part 117 or 302 apply.

6. A discharge of pesticides registered for use in Wisconsin if the amount discharged when diluted as indicated on the pesticide label would cover less than one acre of land if applied according to label instructions, unless the reportable quantities listed for chemicals in 40 CFR part 117 or 302 are more restrictive, in which case the values in 40 CFR part 117 or 302 apply.

7. A discharge of substances specifically listed in 40 CFR part 117 or 302 if the amount discharged in any 24 hour period is less than the amount listed in 40 CFR part 117 or 302 . If responsible parties are uncertain about how to interpret or apply 40 CFR part 117 or 302 , they may report any discharge to the department.

(b) Whenever, in light of site-specific conditions, any of the following criteria apply, hazardous substance discharges which would otherwise be exempt from notification under par. (a) shall be reported as required in s. NR 706.05 :

1. The discharged substance has not evaporated or has not been cleaned up in compliance with the requirements of chs. NR 700 to 754 .

2. The discharged substance has adversely impacted or threatens to adversely impact the air, lands or waters of the state either as a single discharge or when accumulated with previous discharges, even though the degree of the impact or threatened impact may not have been thoroughly evaluated.

3. The discharged substance has caused or threatens to cause acute or chronic human health impacts if immediate action, such as evacuation or in-place sheltering, is not taken. If the responsible party is unsure about potential human health effects, the responsible party shall consult with local or state health officials, and the responsible party shall make a notification decision based on that consultation.

4. The discharged substance presents or threatens to present a fire or explosion hazard or other safety hazards, such as slippery conditions on a roadway.

(3)   Exemption from penalties. Law enforcement officers or members of fire departments using hazardous substances in carrying out their responsibility to protect public health, safety or welfare are exempted from the penalty requirements of s. 292.11 (9) , Stats., but shall report to the department any discharges of a hazardous substance occurring within the performance of their duties.

History: Cr. Register, February, 1997, No. 494 , eff. 3-1-97; CR 12-023 : cr. (intro.), am. (1) (title), r. (1) (b), renum. (1) (c) to (1) (bm), (1) (d) to (1) (cm), am. (2) (b) 1., cr. (3) Register October 2013 No. 694 , eff. 11-1-13.

Note

Notification requirements under this rule may not meet the obligations for responsible parties to report hazardous substance releases to the federal government. Questions on federal requirements should be directed to the US EPA Superfund hotline at 1-800-535-0202. Microsoft Windows NT 6.1.7601 Service Pack 1 Where there is a sheen on surface water or the discharged substance has entered or is on the verge of entering the waters of the state, typically via a storm sewer, or drainage ditch, the department would consider the discharged substance to adversely impact or threaten to adversely impact the waters of the state. Microsoft Windows NT 6.1.7601 Service Pack 1 In determining whether a threat exists under subd. 1., 2., 3., or 4., the standard of conduct to which the responsible party must conform is that of a reasonable person under the site-specific circumstances. Microsoft Windows NT 6.1.7601 Service Pack 1