Section 708.11. Interim actions.

 

(1)   General.

(a) Responsible parties shall evaluate the need for interim action prior to initiating a site investigation and during a site investigation. Interim action shall be taken where it is necessary to contain or stabilize a discharge of a hazardous substance or environmental pollution, in order to minimize any threat to public health, safety, or welfare or the environment. When an interim action is warranted, responsible parties shall implement an interim action as soon as facility or site- related information makes it possible to do so, in compliance with the requirements of this chapter.

(b) The department may require the use of a vapor mitigation system, or other engineering control, when vapor concentrations beneath a slab, foundation, or building exceed a vapor risk screening level.

(2)   Specific actions. Interim actions may include any of the following:

(a) Restricting public access to the site or facility.

(b) Conducting source removal, such as excavation and treatment of highly contaminated soils, to prevent or limit further movement of the contamination.

(c) Extracting free product, leachate or groundwater to restrict migration of a contaminant plume.

(d) Constructing a temporary engineering control, such as a low permeability cover, or installing and operating a vapor mitigation system.

(e) Actions listed in s. NR 708.05 (4) (c) , (g) or (i) .

(3)   Selection of interim actions. Unless otherwise directed by the department, responsible parties shall select and implement necessary interim action without prior department approval. The interim action selected by responsible parties shall comply with all of the following requirements:

(a) Be protective of public health, safety, and welfare and the environment for the exposure pathways being addressed and any solid or hazardous waste or the hazardous substances and contaminated environmental media being generated.

(b) Comply with all state and federal public health and environmental laws, whichever are more stringent, that apply to the type of interim action being taken and any solid or hazardous waste and contaminated environmental media that is being generated, treated, stored or disposed as part of the interim action.

(c) Use recycling or treatment to the extent practicable.

(d) Be consistent with the final remedial action that is likely to be selected for that pathway of exposure or contaminated environmental media that is being addressed by the interim action.

(e) Comply with one of the following requirements when disposal of contaminated soil, sediment or other granular material such as fill, not including debris, is proposed:

1. The volume of untreated contaminated soil, sediment or other granular material such as fill, not including debris, from a single site or facility that is proposed for off-site disposal does not exceed 100 cubic yards and is accepted by a landfill for daily cover that does not exceed on an annual basis the landfill's net daily cover needs or 12.5% of the annual volume of waste received by the landfill.

2. Volumes of contaminated soil, sediment or other granular material, not including debris, that exceed 100 cubic yards may be disposed of in a licensed landfill with a department-approved composite liner, or a liner that is equivalent to a composite liner in terms of environmental protection, as determined by the department, in compliance with the landfill's approved plan of operation.

(4)   Design and implementation requirements. For the types of interim actions listed in pars. (a) through (c) , responsible parties shall prepare and submit to the department all reports and plans required by ch. NR 724 for department review and approval prior to proceeding to the next step in design, implementation or operation of an interim action under ch. NR 724 , unless otherwise directed.

(a) On-site treatment system, including a groundwater extraction and treatment system.

(b) On–site engineering control or barrier, including a landfill cover or groundwater barrier system, or a vapor mitigation system other than a radon-type sub-slab depressurization system.

(c) Any other type of interim action option when the department notifies responsible parties, on a case-by-case basis, that a design report is required prior to implementation of the interim action.

(5)   Additional response action. Unless otherwise directed by the department, responsible parties shall initiate and complete a site investigation in accordance with ch. NR 716 during the implementation of the interim action or as soon as it is feasible to do so after the completion of the interim action.

History: Cr. Register, April, 1994, No. 460 , eff. 5-1-94; cr. (3) (e), Register, April, 1995, No. 472 , eff. 5-1-95; CR 12-023 : renum. (1) to (1) (a), cr. (1) (b), am. (2) (d), (4) (b) Register October 2013 No. 694 , eff. 11-1-13.

Note

The principal distinction between a non–emergency immediate action and an interim action is that a site investigation will generally be required in conjunction with an interim action, but not with a non–emergency immediate action. In addition, interim actions will be closed out using the criteria in ch. NR 726 , not the "no further action" criteria in s. NR 708.09 . Microsoft Windows NT 6.1.7601 Service Pack 1