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The DNR Spills Program

The 24-hour hotline for reporting spill incidents is 1.800.943.0003

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How to Report Spills

All spill incidents should be reported immediately using the 24-hour toll free hotline (1.800.943.0003).

Please contact one of DNR’s Regional Spill Coordinators [PDF 42KB] if you are not sure whether or not your situation is a spill incident.

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Spills and Other Discharges to the Environment

Wisconsin Statutes and Administrative Codes govern the reporting, investigation and cleanup that is required after a discharge of a hazardous substance to the environment. Discharges of hazardous substances generally fall into one of two broad categories:

  1. Spills - Spill incidents that need an immediate response, such as a tank truck rollover, failure of a storage tank valve or failure of a wall in a manure storage lagoon; and
  2. Discovery Through Analysis - Soil or groundwater contamination that is discovered via sampling. The best way to report discovery of a discharge that is identified through analysis of soil or water is to use DNR’s Notification For Hazardous Substance Discharge (Non-Emergency Only) (Form 4400-225) [PDF 462KB], which includes information about how to fax or email it to DNR. Please include a summary of the laboratory data with the form. Don’t wait for a written report describing the contamination – fax or email the form, or make a phone call to a DNR regional office, immediately.

A person responsible for either type of discharge is defined by law as one who "causes", "possesses" or "controls" the contamination (e.g. owns a container that has ruptured or owns property that has contamination). These general requirements are established in s. 292.11, Wis. Stats. [exit DNR]

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Spill Law General Information

Section 292.11, Wis. Stats. [exit DNR], is also known as the "Spills Law." It requires that a person who possesses or controls a hazardous substance which is discharged or who causes the discharge of a hazardous substance shall notify the department immediately of any discharge not exempted by law. In addition, those same persons must take the actions necessary to restore the environment to the extent practicable and minimize the harmful effects from the discharge to the air, lands or waters of this state. Chapter NR706 [exit DNR], is the administrative rule that further defines notification requirements.

If a responsible party is unable or unwilling to provide adequate response, the DNR has the authority to identify, locate, monitor, contain, remove or dispose of the hazardous substance or take any other emergency action which it deems appropriate under the circumstances. In addition, the department may enter any property, premises or place at any time for the purpose of taking removal or other emergency action if the entry is necessary to prevent increased damage to the air, land or waters of the state. Notice is not required if the delay would result in imminent risk to public health, safety or the environment. The DNR can then seek cost recovery for costs incurred to providing those services.

In order to help implement this law, the DNR spills program was established to provide technical assistance and support within the agency and to those outside the agency. Each DNR region has a spill coordinator [PDF 42KB] specifically trained to help responsible parties, response agencies and other DNR staff when a spill occurs. These same spill coordinators are also available to work with specific parties in establishing spill prevention programs. Following is a list of outreach materials available as part of the DNR spills program to help plan, prepare and prevent spills.

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Federal Reporting Requirements

A responsible party may also have to comply with other state and/or federal reporting requirements relating to the Emergency Planning and Community Right to Know Act (EPCRA) or the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The responsible party is responsible for determining whether they need to report under those laws. More information is available through The Federal Government National Response Center [exit DNR] (800.424.8802)

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Federal Removals

In certain situations where contamination poses an imminent threat to the public and/or the environment, EPA will utilize Superfund dollars to address those threats via emergency removals (e.g. a transportation accident) and non-emergency, “time critical” removals (e.g. asbestos contamination). The agency coordinates these removals with Wisconsin DNR – via the Remediation and Redevelopment Program – and local officials. For more information, please see Federal Removals Assistance For Local Governments (RR-746) [PDF 61KB].

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Spills Fact Sheets

The following fact sheets will help you learn more about the DNR spills program:

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Spill Cleanup Highlight

To learn about other RR program successes please see the RR success stories page. The page includes a chart that links to individual sucesss stories involving the RR Program. Included is a list of assistance received for each site (e.g. funding, liability, exemptions, etc.).

Columbus Chemical Industries Fire – May 11, 2009

Columbus Chemical Industries Fire photoOn Monday evening, May 11, 2009, a fire started in Building 4 at the Columbus Chemical Industries facility on Temkin Road in Columbus, located in central Wisconsin. Shortly after fire suppression efforts began, there was an explosion. Due to this explosion and the presence of multiple chemicals in the building, fire officials decided to halt further suppression, move back from the facility and establish an exclusionary zone around the plant.

The Dodge County sheriff set up a unified command that included representatives from numerous fire departments, Wisconsin Emergency Management, the DNR, U.S. EPA, the 54th Civil Support Team of the Army National Guard and state and local health agencies. Unified command called for the evacuation of nearby residences and businesses, a shelter-in-place advisory for the downwind community, closure of State Highways 151 and 73, and perimeter air monitoring.

Columbus Chemical Industries Fire photoHeavy rain helped bring the fire under control during the overnight hours on May 14. Columbus Chemical Industries and their insurers retained a team of consultants and chemists to concurrently conduct the fire investigation and clean-up the fire debris. Runoff from the fire was found to be acidic so berms were constructed to create a containment pond. Water that accumulated in the containment pond underwent pre-treatment on-site and then was shipped via vacuum truck for disposal. Fire investigators determined that the most likely cause was electrical.

Continuing chemical reactions in the fire debris required in-situ neutralization prior to containerization and removal. The DNR, with support from the Wisconsin Department of Health Services (WDHS) and EPA, supervised the cleanup of the site. Containerization of all fire debris was completed on May 31. Demolition of the impacted buildings commenced shortly thereafter. The Center for Toxicology and Environmental Health, located in Arkansas, conducted on-site and perimeter air monitoring during the cleanup and building demolition. A bottled water advisory that started on May 13 remained in place until June 11, 2009. Evaluation and remediation of soil and groundwater contaminated during the fire is ongoing.

The Columbus Chemical Industries fire presented numerous challenges and threats to public health and the environment. These threats were quickly identified and successfully mitigated. Two key factors in the effective response and successful cleanup included: 1) the early establishment of a unified command; nearly 20 agencies – state, federal and local – worked closely and cooperatively; and 2) the full support and cooperation of the responsible party – Columbus Chemical Industries.

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Spills Newsletter Articles

The following articles about spills are taken from issues of Re News, the RR Program's quarterly e-newsletter, and RR Report, the Program's bi-weekly e-newsletter.

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Other Agency Links

All of the following links exit the DNR web site:

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For more information on this specific page, contact:

Roxanne Chronert
920.662.5488

Last Revised: Thursday November 12 2009