Wis. Admin. Code Department of Transportation Trans 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.
Notes
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