Environmental Spill Reporting - Wisconsin

Wisconsin has its own environmental release notification requirements on top of the federal requirements. This summary page is provided as a reference tool. It is not a definitive source of compliance information and not intended to replace the federal and state laws and regulations. The summary is also not comprehensive, as there may be other release notification requirements at the federal, state, and/or local levels.

A facility may need to comply with both federal and state requirements, not just the state ones, when the federal requirements do not preempt the state ones and the state is not delegated authority to run its own program in lieu of the federal. Be sure to check with your state agency(ies) if you have questions about which federal or state requirements apply.

Regardless, there is no government penalty for over-reporting, but there may be steep penalties for failure to make a notification when required. When unsure whether to report, it is better to side on reporting the release.

Related information

• Emergency Releases ezExplanation
• Oil Spill Reporting ezExplanation
• Chemical Safety and Hazard Investigation Board (CSB) accidental release reporting
• Wisconsin Department of Natural Resources (DNR)
• Wisconsin DNR Remediation & Redevelopment Program
• Wisconsin Department of Military Affairs Wisconsin Emergency Management (WEM)
• Wisconsin DNR — Spills Topic Page
• Wisconsin DNR — Small Business Spills Topic Page
• Wisconsin DNR — Immediate Reporting Required for Hazardous Substance Spills (RR-560)
• Wisconsin DNR — How to Report a Spill
• Wisconsin DNR — What Is a Spill
• Wisconsin DNR — Spill Educational Materials
• Wisconsin WEM — EPCRA

State citations

• Wisconsin Statutes Section 292.11 — Hazardous Substance Spills
• Wisconsin Statutes Section 323.60 — Hazardous Substances Information and Emergency Planning
• Wisconsin Administrative Code Department of Agriculture, Trade and Consumer Protection (ATCP) 93.470 — Responding to a leak, spill, overfill, or release
• Wisconsin Administrative Code Department of Agriculture, Trade and Consumer Protection (ATCP) 93.585 — Responding to a leak, spill, overfill or release
• Wisconsin Administrative Code Department of Natural Resources (NR) Section 706.05 — General requirements for responsible parties
• Wisconsin Administrative Code Department of Natural Resources (NR) Section 706.11 — Additional Responsibilities for Owners or Operators of Underground Storage Tank Systems

Federal citations

• 40 CFR 68 — Chemical accident prevention provisions
• 40 CFR 110 — Discharge of oil
• 40 CFR 112 — Oil pollution prevention
• 40 CFR 117 — Determination of reportable quantities for hazardous substances (also known as CWA release reporting)
• 40 CFR 262 — Standards applicable to generators of hazardous waste
• 40 CFR 264 — Standards for owners and operators of hazardous waste treatment, storage, and disposal facilities
• 40 CFR 265 — Interim status standards for owners and operators of hazardous waste treatment, storage, and disposal facilities
• 40 CFR 280 — Technical standards and corrective action requirements for owners and operators of underground storage tanks (UST)
• 40 CFR 302 — Designation, reportable quantities, and notification (also known as CERCLA release reporting)
• 40 CFR 355 — Emergency planning and notification (also known as EPCRA release reporting)
• 40 CFR 403 — General pretreatment regulations for existing and new sources of pollution
• 40 CFR 761 — Polychlorinated biphenyls (PCBs) manufacturing, processing, distribution in commerce, and use prohibition
• 40 CFR 1604 — Reporting of accidental releases