REPORTING AND RESPONDING TO SPILLS

Reporting is everyone’s responsibility.

Individuals and entities that cause a spill are required by state law to notify the DNR immediately - as soon as the spill is identified. Reporting should not wait for laboratory analysis if the discharge can be confirmed through sight or smell. Individuals and entities that own or control property where the spill occurred must report it immediately if it is not reported by the person or entity that caused the discharge. For detailed information on hazardous substance reporting requirements, see Wis. Stats. Section 292.11 [PDF exit DNR] and Wis. Admin. Code Chapter NR 706 [exit DNR].

Call the 24-hour emergency hotline at 1-800-943-0003 for spills that require immediate reporting.

For public health and safety, the DNR encourages everyone to report known hazardous substance discharges. Reporting a spill or other discharge does not make a person or entity liable for the contamination.

A spill is reportable to the DNR if it:

• Impacts or potentially impacts human health.
• Impacts or potentially impacts the environment.
• Causes a fire, explosion or safety hazard.
• Has not been immediately cleaned up.
• It is larger than the quantities listed under the reporting exemptions in the menu below.

Law enforcement officers or members of a fire department who use hazardous substances in carrying out their responsibility to protect public health, safety and welfare are exempted from the penalty requirements of the statute (Wis. Stats. 292.11(9)). However, they are not exempt from reporting the release of a hazardous substance that occurs within the performance of their duties. They must also follow all federal regulations regarding chemical and biological countermeasures related to the release.

Contact a DNR regional spill coordinator for more information or assistance.
 

DNR Spill Team

The DNR oversees spill responses through the RR Program’s Spill Team comprised of regional spill coordinators, a state emergency management coordinator, a federal removals coordinator and legal counsel. The Spill Team meets regularly to identify and resolve spill response issues and help make spill response efforts in Wisconsin as effective as possible. The spill coordinators are part of local planning and response networks. They work with local emergency planning agencies, talk to the local fire departments and work with state conservation field wardens to ensure a consistent DNR approach to spill response. In addition, the spill coordinators work with local industries who handle hazardous substances as part of their business to provide them with technical support for spill prevention and spill response.

The first responders to a hazardous substance spill for the DNR may be a field warden or regional spill coordinator. Follow up may include phone calls to gather information about the nature of the spill, visits to the site and requests for assistance from other DNR specialists.

When an emergency occurs and the responsible party is not available or willing to take action, the DNR may call in a zone contractor to respond to the spill. Zone contractors are emergency response companies that provide statewide emergency response services in such situations. The DNR may seek reimbursement from the responsible party for the cost to respond to the spill.

Contact a DNR regional spill coordinator for more information or assistance.

Federal Reporting Requirements

A party responsible for a spill may also have to comply with 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). To report a spill, contact the The Federal Government National Response Center [exit DNR] (800-424-8802).

To determine if you have a federally reportable spill, check EPA's Consolidated Lists of Lists [exit DNR].

Spill Reporting Exemptions

It is generally not necessary to report spills to the DNR that are:

• Less than 1 gallon of gasoline.
• Less than 5 gallons of any petroleum product other than gasoline.
• Gasoline or other petroleum product (any amount) that is completely contained on an impervious surface.
• Individual discharges authorized by a permit or program approved under chs. 289 – 299, Wis. Stat.
• Less than 25 gallons of liquid fertilizer.
• Less than 250 pounds of dry fertilizer.
• Pesticides that would cover less than 1 acre of land if applied according to label instructions, unless the ongoing, long-term release or application of a permitted pesticide, fertilizer or other substance accumulates to levels that exceed current health or safety standards.
• Discharged into a secondary containment structure, completely contained and can be recovered with no discharge to the environment.
• Less than the federal reportable quantity for a specific substance as outlined in the CERCLA RQ column of the Sara Title 3 list of lists [exit DNR].

If you are unsure if a spill must be reported, contact a DNR regional spill coordinator for help.

Responding To A Spill

Proper containment, cleanup and disposal after a spill is always required by the person or entity that caused the spill or owns or controls property where the spill occurred (i.e., the responsible party).

The responsible party is responsible for documenting actions taken to clean up the contamination and restore impacted areas and submitting that information required by law to the DNR. Making notes and taking photos during these activities may assist you in documenting the actions taken to respond to the spill.

The DNR encourages responsible parties to hire an environmental consultant to assist with its response to a spill. The DNR is not responsible for hiring a consultant or directing an RP’s consultant. See Selecting an Environmental Consultant (RR-502) [PDF] for more information on hiring on consultant. Refer to the Immediate Spill Response Contractor’s List(RR-089) [PDF] for self-identified spill response contractors.

Spills On Water

The most common method of response to a spill on the water is mechanical containment. Mechanical containment and recovery equipment used on water includes:

• Booms to contain and absorb the spilled materials.
• Barriers to prevent the movement and dispersal of spilled materials.
• Skimmers to collect the spilled materials from the top of the surface water.

Chemical and biological methods are sometimes used for cleaning up certain types of spills on water, most commonly used for oil spills in marine environments. Chemical and biological countermeasures may not be used in Wisconsin waterways without state and federal approval, and the products used must be listed on the product schedule in the U.S. Environmental Protection Agency’s National Contingency Plan [exit DNR].

Spills On Land

For spills on land, responders may use any combination of mechanical, chemical and biological methods needed when an emergency involves fire or imminent threats to human health.

Mechanical methods, including booms, absorbents, and physical barriers are often adequate to contain and control a spill on land. Containment of the spill to prevent it from reaching the water is typically the most effective action to reduce the spread of contamination and minimize overall threats to the environment.

Chemical and biological agents can also be used to clean up spills on land. Although there is not a specific law in Wisconsin that addresses the use of these types of products, their use may be considered a hazardous substances discharge in many situations; obtaining DNR approval prior to the application of these agents is recommended. Any chemical or biological agent used in a spill response must be contained and collected along with the spilled material for proper disposal.

Manure Spill Response, Planning And Prevention

Spills or runoff of livestock manure may be considered a hazardous substance discharge if there is a potential to threaten human health or the environment. Although manure is an organic substance that will naturally break down over time, a large volume of manure in one place or discharged to surface water or groundwater can cause significant environmental contamination. Determining whether the threat requires immediate reporting is often based on the volume, concentration and location of the discharge.

Reporting is required regardless of the size of the agricultural operation. Operations with a Wisconsin Pollutant Discharge Elimination System (WPDES) permit may have additional reporting requirements. Contacting township authorities, the county land conservation department and any potentially impacted property owners may also be needed.

Action to minimize the impact and stop migration of the manure should be the main priority and typically includes tillage passes, placement of containment berms and use of absorption materials (straw, waste feed, etc.).

Vacuum trucks or pumps are typically used to recover manure contained in ditches and low areas. Residual manure on roads and ditches is typically flushed with water and recovered by vacuum or pumping. Recovery sumps can be constructed to route discharged manure to a collection point. If appropriate, residual manure on fields can be tilled into the soil or redistributed to reduce concentration and runoff potential. Excavation is typically not a recommended cleanup practice for removing manure.

Examples of common situations that result in manure spills and their typical response include:

• Semi-truck/tanker or tractor/tanker accident: Begin active containment and recovery of manure from roadway, road ditch and the damaged tanker once the scene is secured. Earthen berms are typically constructed to dam the manure in the ditch and to protect nearby surface waters.
• Farm equipment malfunction (transfer line or hose leaks/breaks; pump or valve failures; storage overflows or failures; operational error; etc.):
  • Stopping the flow is the first priority. Safely shut down any equipment causing the contamination.
  • Contain livestock waste along low points with earthen berms, square bales and any other materials readily available to slow or stop the flow.
  • For a waste storage overflow, shut off pumps transferring manure into storage until levels are drawn down.
  • Keep any clean water diverted away from the spill area to prevent further spread of the manure.
  • Keep livestock waste away from private wells or other conduits to groundwater or surface water (areas with fractured rock/sinkholes, tile intake structures, ditches).
• Field application runoff: This type of contamination is the most preventable. It is important to carefully plan manure applications and apply according to a nutrient management plan. If snow melt, saturated soil conditions, forecasted rain, etc. make conditions unsuitable for manure application, seek other alternatives to land application. If possible, haul to alternate storage or wait for suitable field application conditions.

Manure spills response, planning and prevention

Manure spill response demonstration [Video 3:54 - Exit DNR]

Fuel Oil Spills And Prevention

If a fuel oil spill occurs, start cleanup as soon as possible. The DNR recommends hiring a trained environmental consultant to assist with cleanup and contacting the insurance company for financial assistance.

Unfortunately, not every spill can be prevented, but the following strategies can reduce the risk of a fuel oil spill.

1. Clearly mark any pipelines still in service.
2. Remove disconnected pipes or secure the cap to prevent accidental filling.
3. Make sure the storage tank is on a strong and stable supporting structure and inspect annually.
4. Create a secondary containment system on an impermeable surface with a collection basin for potential spills.
5. Check for leaks and make sure valves are shut completely.
6. Make sure the fuel oil level gauge is functioning properly and accurately.
7. Communicate clearly with your fuel supplier about the quantity of fuel needed to avoid overfilling.