Section 746.04. Site authority.

 

(1)   Administrative authority. The administrative authority of the department of safety and professional services and the department of natural resources for a site includes enforcement, remediation supervision and direction, and decision–making regarding the granting or denying case closure and deciding whether or not further remedial action is required. The department of natural resources has the authority under s. 292.11 (7) (c) , Stats., to issue orders to a person who possesses or controls a hazardous substance that was discharged, or who caused the discharge of a hazardous substance, specifying the remedial action that the responsible person is required to take under s. 292.11 (3) , Stats. The department of safety and professional services has the authority under s. 101.144 (2) (a) , Stats., to issue orders to a person who owns or operates a petroleum storage tank, a person who causes a discharge from a petroleum tank or a person on whose property a petroleum storage tank is located, to require that person to take remedial action in response to those discharges of petroleum products from petroleum storage tanks over which the department of safety and professional services has jurisdiction. The assignment of administrative authority for high–risk sites and medium and low risk sites, where discharges of petroleum products from petroleum storage tanks have occurred, shall be determined according to the following criteria:

(a) The department of natural resources shall have administrative authority for those sites that meet any of the following criteria:

1. Sites that have not been classified.

2. Sites that are classified as high–risk sites.

3. Sites with soil or groundwater that is contaminated by one or more hazardous substances other than petroleum products discharged from a petroleum storage tank, where the petroleum contamination is commingled with one or more hazardous substances other than petroleum products from a petroleum storage tank.

(b) The department of safety and professional services shall have administrative authority for those sites that meet both of the following criteria:

1. Sites that have been classified as low risk or medium risk.

2. Sites where petroleum contamination is not commingled with one or more hazardous substances other than petroleum products discharged from a petroleum storage tank.

CR 12-023 : cr. Register October 2013 No. 694 , eff. 11-1-13.