Chapter 160, GROUNDWATER PROTECTION STANDARDS

160.001 Legislative intent. The legislature recognizes that prior to May 11, 1984, most groundwater regulatory programs were not based on numerical standards. The legislature intends, by the creation of this chapter, to minimize the concentration of polluting substances in ground…

160.01 Definitions. As used in this chapter, unless the context requires otherwise: (1) “Department,” when used without qualification, means the department of natural resources. (2) “Enforcement standard” means a numerical value expressing the concentration of a substance in grou…

160.03 Duties of department. The department shall exercise both the responsibilities assigned specifically to it under this chapter as well as those assigned generally to the department as a regulatory agency. History: 1983 a. 410. Cross-reference: See also ch. NR 140, Wis. adm. …

160.05 Identification of groundwater contamination; categories. (1) IDENTIFICATION. Each regulatory agency shall submit to the department a list of those substances which are related to facilities, activities and practices within its authority to regulate and which are detected i…

160.07 Establishment of enforcement standards; substances of public health concern. (1) The department of health services and the department shall enter into a memorandum of understanding setting forth the procedures and responsibilities of each agency in establishing enforcement…

160.09 Establishment of enforcement standards; substances of public welfare concern. (1) Notwithstanding the authority of the department under ss. 280.11, 281.15 and 281.17 (8) to establish standards for pure drinking water, the department shall establish enforcement standards fo…

160.11 Public information. In promulgating any enforcement standards as rules under ss. 160.07 and 160.09, the department, with the assistance of the department of health services, shall prepare a document describing the information and methodology used and the conclusions reache…

160.13 Methodology to establish enforcement standard. (1) DEFINITIONS. In this section: (a) “Acceptable daily intake” means the dose of a substance which, if ingested daily over an entire human lifetime, appears to be without appreciable risk on the basis of all known facts at th…

160.15 Establishment of preventive action limits. (1) The department shall establish by rule a preventive action limit for each substance for which an enforcement standard is established, as follows: (a) For any substance of public welfare concern, the preventive action limit sha…

160.17 Collection of information. Concurrently with the identification of substances under s. 160.05 (1), the regulatory agency shall conduct a literature search and shall request, where appropriate, the manufacturer of each substance and other knowledgeable sources to provide re…

160.19 Regulatory agency; review of existing regulations; design and management criteria. (1) When an enforcement standard or a preventive action limit is established by rule for a substance, each regulatory agency shall review its rules and commence promulgation of any rules or …

160.21 Adoption of rules for regulatory responses for groundwater contamination. (1) For each substance for which an enforcement standard or a preventive action limit is adopted by the department, each regulatory agency shall promulgate rules which set forth the range of response…

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

160.25 Implementation of responses for specific sites; enforcement standards. (1) (a) If an activity or practice is not subject to regulation under chs. 283 or 289 to 292 and if the concentration of a substance in groundwater attains or exceeds an enforcement standard at a point …

160.255 Exceptions for private on-site wastewater treatment systems. (1) In this section, “private on-site wastewater treatment system” has the meaning given in s. 145.01 (12). (2) Notwithstanding s. 160.19 (1), (2) and (4) (b), a regulatory agency is not required to promulgate o…

160.257 Exceptions for aquifer storage and recovery systems. (1) In this section: (a) “Aquifer storage and recovery system” means all of the aquifer storage and recovery wells and related appurtenances that are part of a municipal water system. (b) “Aquifer storage and recovery w…

160.26 Enforcement. Regulatory agencies shall enforce the provisions of this chapter in accordance with enforcement procedures and subject to the penalties established by statute for activities and practices regulated by the regulatory agency. History: 1983 a. 410.

160.27 Substances in groundwater; monitoring. (1) The department, with the advice and cooperation of other agencies and the groundwater coordinating council, shall develop and operate a system for monitoring and sampling groundwater to determine whether substances identified unde…

160.29 Petitioning for rule making. (1) Where the department finds that a preventive action limit or an enforcement standard for a substance is, or will be, attained or exceeded at points of standards application at numerous locations, and that adoption or revision of rules under…

160.31 Legislative review. Nothing in this chapter affects the legislative review of any proposed rule relating to animal waste treatment, under s. 13.565. History: 1983 a. 410.

160.32 Common law and liability. (1) COMMON LAW UNAFFECTED. Nothing in this chapter restricts or abrogates any remedy which any person or class of persons may have under other statutory or common law. (2) NO ADMISSION OF LIABILITY. A response at a specific site taken by any perso…

160.33 Public participation. Each regulatory agency shall promulgate rules which provide for public participation in the issuance and administrative enforcement by the regulatory agency of any special order adopted pursuant to the requirements of this chapter. History: 1983 a. 41…

160.34 No mandatory well repair as a condition for testing. No regulatory agency may require as a condition for the testing of a private water system at the request of the owner that the owner agree to institute changes necessary to bring the construction or design of the water s…

160.36 Cooperation with American Indian tribes and bands. (1) REQUIREMENT TO COOPERATE. The department shall cooperate with American Indian tribes and bands with the approval of the tribal governing body, for the purposes specified in this section. (2) AGREEMENTS REGARDING MONITO…

160.50 Groundwater coordinating council. adopted under this chapter provide adequate safeguards for public health and welfare. However, this chapter does not prevent regulatory agencies from adopting regulations under regulatory authority elsewhere in the statutes based on the be…