Section 277.08. Department responses.

 

(1)   Noncompliance report. When a department inspector reports that a person storing highway salt has failed to comply with this chapter or with a written compliance directive issued under this subsection or s. Trans 277.06 (2) , or with a special order issued by the department, the department may respond by issuing a compliance directive or a special order for remedial action. Remedial actions ordered may include, but are not limited to, those actions set out in sub. (2) (d) except sub. (2) (d) 1.

(2)   Preventive action limit or contamination report. The department shall respond as provided in this subsection when the department receives a report from the monitoring agency that the preventive action limit of a substance regulated by the department has been attained or exceeded at an applicable point of standards application or that surface water has been adversely impacted near a storage facility and the storage facility may have been the source of the contamination.

(a) The department shall send notice of the report by first class mail to the local office of the person storing highway salt at the storage facility.

(b) The department shall inspect the storage facility within 30 days of receipt of the report and determine if the storage facility is in compliance with all provisions of this chapter, as provided in s. Trans 277.06 (1) (a) .

(c) Within 60 days of receipt of the monitoring agency report the department shall determine whether or not the storage facility is the source or most probable source of contamination by a substance regulated by the department.

(d) If the department determines that the storage facility is the source or most probable source of the contamination, then the department shall order appropriate remedial action to meet the goals of s. 160.23 (1) , Stats. Orders may be either written compliance directives, including deadlines, or special orders. Remedial actions may include, but are not limited to:

1. No action;

2. Further investigation;

3. Increased monitoring of the storage facility in cooperation with the monitoring agency;

4. Revision of specific operational procedures at the storage facility;

5. Repair, construction or reconstruction of facilities as necessary to comply with s. Trans 277.04 ;

6. Prohibition of activities or practices which use or produce the substance;

7. Relocation of the storage facility or the highway salt at the storage facility; or

8. Remedial action to renovate or restore groundwater quality.

9. Closure of the storage facility.

(3)   Enforcement standard report.

(a) Within 60 days of a report from the monitoring agency that an enforcement standard of a substance regulated by the agency has been attained or exceeded, the department shall determine if a storage facility is the source or most probable source of contamination by the substance.

(b) If the department determines that a storage facility is the source or most probable source of contamination by a substance regulated by the department, the department shall issue a special order directing the person responsible for the storage facility to close the facility and discontinue storage as provided in s. Trans 277.04 (5) (a) , unless the person responsible for the storage facility demonstrates that an alternative enforcement response under par. (c) will achieve compliance with the enforcement standard at the point of standards application.

(c) If the person responsible for the storage facility demonstrates to the department to a reasonable certainty, by the greater weight of the credible evidence, that one or more of the responses in sub. (2) (d) 2. to 8. will achieve compliance with the enforcement standard at the point of standards application, the department shall issue a special order directing the person to undertake the specific remedial action under sub. (2) (d) 2. to 8. which the department determines will achieve compliance with the enforcement standard at the point of standards application.

(4)   Limitations on special orders.

(a) Orders for remedial actions under sub. (2) (d) shall be limited as expressly provided by ss. 160.21 (3) and 160.23 (4) , Stats. The department shall consider the applicable factors set out in ss. 160.21 (3) and (4) , 160.23 (1) and (6) , Stats., when issuing orders under sub. (2) (d) .

(b) Orders for remedial action under sub. (3) (b) shall be limited as expressly provided by s. 160.25 (1) and (4) , Stats. The department shall consider the applicable factors set out in s. 160.25 (4) and (5) , Stats., when issuing orders under sub. (3) (b) .

(c) Orders under sub. (2) (d) and (3) (b) shall be issued as soon as is reasonably possible after the determination by the department that a storage facility is the source or most probable source of contamination of the waters of the state by a substance regulated by the department. The deadlines of sub. (2) (c) and sub. (3) (a) do not apply to the issuance of orders.

History: Cr. Register, April, 1986, No. 364 , eff. 5-1-86.