160.23 Implementation of responses for specific sites; preventive action limits.

256 words·~1 min read·/wi/chapter-160/160-23

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)If the concentration of a substance in groundwater attains or exceeds a preventive action limit at a point of standards application, the regulatory agency shall assess the cause of the increased concentration, taking into account background concentrations, if known, and other known or suspected contributors in the area and shall evaluate the significance of the concentration of the substance and shall implement responses for a specific site designed to:

(a)Minimize the concentration of the substance in the groundwater at the point of standards application where technically and economically feasible;

(b)Regain and maintain compliance with the preventive action limit, unless, in the determination of the regulatory agency, the preventive action limit is either not technically or economically feasible, in which case, it shall achieve compliance with the lowest possible concentration which is technically and economically feasible; and

(c)Ensure that the enforcement standard is not attained or exceeded at the point of standards application.

(2)A regulatory agency shall take responses with respect to a specific site in accordance with rules promulgated under s. 160.21 .

(4)The regulatory agency may not impose a prohibition on the substance or the activity or practice which uses or produces the substance unless the regulatory agency:

(a)Bases its decision upon reliable test data;

(b)Determines, to a reasonable certainty, by the greater weight of the credible evidence, that no other remedial action would prevent the violation of the enforcement standard at the point of standards application;