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On August 6, 2021, several changes were made to Wisconsin’s environmental compliance audit program (Enviro-Check), through 2021 Wisconsin Act 78. The legislative proposal originated from recommendations from the DNR Small Business Environmental Council, a body that advises the DNR on how best to work with the small business community. These changes will more closely align Wisconsin’s Enviro-Check program with U.S. EPA’s audit programs.
Administered by the DNR, Enviro-Check empowers businesses and other facilities to proactively verify they are meeting environmental requirements through a third-party assessment, limiting liability for organizations who are making a good faith effort to investigate and correct violations. Participation in Enviro-Check translates to a healthier environment as well as safer, more efficient and profitable businesses.
Act 78 resulted in key changes to the program, including:
- Eliminating the requirement that an entity must submit a notice of intent to the DNR no fewer than 30 days before beginning an audit, while still requiring submission of a signed statement prior to beginning the audit acknowledging that violations known before the audit are not eligible for coverage;
- Changing the amount of time a regulated entity has to correct violations identified in an audit from 90 days to 60 days generally, 180 days if the entity is a small business stationary source, and 360 days if the entity is a small business stationary source and the corrective action involves a pollution prevention modification;
- Removing the requirement for a 30-day public notice and comment period for proposed extended compliance schedules that exceed the timelines listed above; and
- Requiring the DNR and Department of Justice (DOJ) to consider whether the entity is a small business stationary source that has committed a minor violation when determining whether to pursue criminal action.
Learn more about how your facility could benefit from using Enviro-Check online or contact the Enviro-Check Coordinator, Lisa Ashenbrenner Hunt, at DNREnviroCheck@wisconsin.gov or (608) 371-4367.
An online form is now available from the Remediation and Redevelopment (RR) Program to report the discovery of hazardous substances identified through sampling. The Notification for Hazardous Substance Discharge Form – Non-emergency Only (4400-225) is now a web-based form found on the RR Program Submittal Portal.
Form 4400-225 should be used to report the discovery of a discharge that is identified through laboratory analysis of soil, water, sediment, vapor or indoor air. Hazardous substance discharges must be reported immediately according to Wis. Stat. § 292.11.
The online form includes:
- Address auto-complete;
- The ability to save a partially completed form to submit it later; and
- An interactive map to obtain the coordinates for the location of the discharge.
Directions for using the RR Submittal Portal, including the new form, are available on the RR Submittal Portal webpage. The Submittal Portal is available for consultants, responsible parties and others to submit forms, reports and documents related to Wis. Admin. Code chs. NR 700 -799 activities to the RR Program. The former PDF version of the Notification for Hazardous Substance Discharge form (4400-225) is no longer available.
More information on reporting discharges is available on the How to Report a Spill webpage.
Contact Sonya Rowe, Sonya.Rowe@wisconsin.gov, DNR Information Technology Project Coordinator, if you have questions about the new form.
Direct all site-specific questions to the RR Program project manager or regional environmental program associate (EPA). To find the appropriate contact, visit the RR Program webpage.
The publications RR-0126, Guidance for Sediment-Related Continuing Obligations for Environmental Protection, Wis. Stat. § 292.12(5m) and RR-0117, Guidance: When should a site investigation enter surface water? are now posted and available online.
RR-0126 is intended to help property owners understand their obligations under § 292.12, Wis. Stat., regarding continuing obligations that are imposed due to residual contamination remaining on their property.
RR-0117 refers to ch. NR 716, Wis. Admin. Code, which requires a site investigation to evaluate known or potential impacts to environmental media (including sediment and surface water) and receptors (e.g., fish, bird, animal and plant life) as well as the potential pathways for migration of contamination.
Questions regarding these documents may be submitted to Carrie Webb at CarrieA.Webb@wisconsin.gov. Additional documents and guidance from the RR Program are available on the publications and forms webpage.
DNR is currently accepting applications for admittance to the Assured Delineator Pilot Program. Applications will be accepted until November 30. More information on the program and application requirements can be found on the Assured Program Webpage.
Please reach out to Kara Brooks at Kara.Brooks@wisconsin.gov or (414) 308-6780 with your intention to apply.
In honor of America Recycles Day, the DNR announced the winners of the 2021 Wisconsin Recycling Excellence Awards.
The Recycling Excellence Awards celebrate outstanding recycling efforts, innovation and performance throughout Wisconsin. The DNR provides awards to communities, businesses, organizations and local governments for their overall program, projects and initiatives, innovation or special events.
"The creativity and commitment of this year's winners is inspiring," said Brad Wolbert, the DNR's Waste and Materials Management Program Director. "Their waste reduction and diversion efforts directly benefit their organizations, communities and Wisconsin as a whole."
One of the goals identified in the DNR's climate action plan for 2021-2025 is to reduce per-capita food waste disposed of in Wisconsin landfills by half by 2030. In recognition of this important goal, food waste recovery or diversion programs were an emphasis this year.
For a full description of the winners and list of honorable mentions, visit the DNR’s Recycling Excellence Awards webpage.
Public hearing on a permanent rule to revise chapter NR 809 relating to new drinking water maximum contaminant levels for Per- and Polyfluoroalkyl Substances (PFAS)
Wednesday, December 1, starting at 10:00 am, DNR is holding a public hearing on a permanent rule, Board Order DG-24-19, to revise chapter NR 809 relating to the promulgation of new drinking water maximum contaminant levels for Per- and Polyfluoroalkyl Substances (PFAS) including Perfluorooctanesulfonic acid (PFOS) and Perfluorooctanoic acid (PFOA).
The public has the opportunity to testify at the hearing. To register and join the hearing online or by phone, use the information provided in the public hearing notice. Pre-registration is also available and is strongly encouraged if you plan to provide spoken comments during the hearing. To pre-register, either use the Zoom link or download and complete the fillable Hearing Appearance form and send it to DNRNR809Comments@wisconsin.gov.
Join this meeting by Zoom. Join by phone: 312-626-6799; Meeting ID: 899 7886 4201
View the Hearing Appearance Form.
View the Public Hearing Notice.
View the Proposed Permanent Administrative Rules.
FET Environment 2021 Conference
The FET annual conference is being held in person, December 7 through 9 at the Ingleside Hotel in Pewaukee, Wisconsin.
Tuesday, December 7 includes five Professional Development Courses:
- Environmental, Health and Safety Primer
- PFAS Updates and Strategies
- Air Quality and Permitting Updates
- HazMat Training (half-day)
- Sustainability (half-day)
The full conference on December 8-9 includes 26 sessions on a range of environmental and safety topics and a full exhibit hall with vendors and resources. To learn more and to register, visit the website at https://www.fetinc.org.
WISCON Webinars
Weekly online webinars from WisCon Safety Consultation Program, held at 1:00 pm each Monday. Join the webinar via the ZOOM link: https://uwmadison.zoom.us/j/99797590129. Future topics include:
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November 22 – Retail Safety
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November 29 – Relocatable Power Taps
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December 6 – COVID-19 Update
There will not be webinars on December 27 or January 3.
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