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 in or have a reasonable probability of entering the groundwater resources of the state.

(2) Petition.

(a) Any person may petition a regulatory agency to add a substance to or delete a substance from the list submitted to the department under sub. (1). The petition shall clearly and concisely state all of the following:

1. The name of the substance which is proposed to be added or removed from the list.

2. The regulatory authority of the regulatory agency over the facility, activity or practice which is the source of the substance.

3. The reasons for believing the substance exists in or has a reasonable probability of entering the groundwater or the reasons for believing the substance should be removed from the list.

(b) Within a reasonable period of time after the receipt of a petition a regulatory agency shall either deny the petition in writing or submit the name of the substance to the department under sub. (1). If the regulatory agency denies the petition, it shall give notice of the denial promptly to the person who filed the petition, including a statement of its reasons for the denial.

(3) Establish categories. Within 60 days following receipt of a name of a substance under sub. (1), the department shall place the substance into one of the following categories:

(a) Category 1, if the substance is detected in groundwater in concentrations in excess of a federal number for that substance.

(b) Category 2, if the substance is detected in groundwater and is of public health or welfare concern but:

1. Is not detected in concentrations in excess of a federal number; or

2. For which there is no federal number.

(c) Category 3, if the substance has a reasonable probability of being detected in groundwater and is of public health or welfare concern.

(4) Ranking within categories. The department shall rank each substance within its category. The department shall give highest rankings to those substances which pose the greatest risks to the health or welfare of persons in the state, taking into consideration, among other things, the following characteristics:

(a) Carcinogenicity.

(b) Teratogenicity.

(c) Mutagenicity.

(d) Interactive effects.

(5) Revision of substance lists. The department shall revise, as necessary, the ranking of substances within categories to include additional substances as they are reported, to reflect a change in the status of a substance which requires that it be placed in a different category or to remove from the list substances which are not shown to involve public health or welfare concerns or which do not have a reasonable probability of entering the groundwater.

(6) Public health concerns.

(a) The department shall designate which of the substances in each category are of public health concern and which are of public welfare concern.

(b) In determining whether a substance is of public health concern, the department shall take into account the degree to which the substance may:

1. Cause or contribute to an increase in mortality;

2. Cause or contribute to an increase in illness or incapacity, whether chronic or acute;

3. Pose a substantial present or potential hazard to human health because of its physical, chemical or infectious characteristics; or

4. Cause or contribute to other adverse human health effects or changes of a chronic or subchronic nature even if not associated with illness or incapacity.

(c) In determining whether a substance is of public health concern, the department may consider other effects not specified under par. (b) if those effects are reasonably related to public health.

(d) In determining whether a substance is of public welfare concern, the department shall take into account whether the substance may:

1. Influence the aesthetic suitability of water for human use;

2. Influence the suitability of water for uses other than human drinking water; or

3. Have a substantial adverse effect on plant life or animal life.

(e) In determining whether a substance is of public welfare concern, the department may consider additional characteristics not specified under par. (d) if those characteristics are reasonably related to public welfare.

History: 1983 a. 410.