Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 726 - Case closure › Section NR 726.09 - Closure documentation requirements

Current through June 24, 2024
(1) CASE CLOSURE
				REQUEST FORM. A request for case closure shall be submitted on a form supplied
				by the agency and shall be accompanied by documentation that the criteria in s.
				NR 726.05(1)
				to (8) are satisfied. One paper copy and one
				electronic copy of the complete closure request shall be submitted to the
				department, unless otherwise directed by the department. All information
				submitted shall be legible. Providing illegible information may result in a
				submittal being considered incomplete until corrected.
Note:
Copies of the WDNR case closure request
				  form (form 4400-202) and the associated impacted property notification
				  information form (4400-246) for sites or facilities over which the department
				  has administrative authority may be accessed at:
http://dnr.wi.gov/files/PDF/forms/4400/4400-202.pdf
,
				  or may be obtained from any regional office of the department, or by writing to
				  the Department of Natural Resources, Bureau for Remediation and Redevelopment,
				  P.O. Box 7921, Madison, Wisconsin 53707.
Note:
Electronic copies should be submitted in
				  the Adobe portable document format (PDF) on optical disk media. Guidance on
				  electronic submittals can be accessed at
http://dnr.wi.gov/files/PDF/pubs/rr/RR690.pdf
.
(2)GENERAL REQUIREMENTS. In order
				to demonstrate that applicable federal, state and local public health and
				environmental laws have been complied with, and to provide information on the
				location and nature of any residual contamination at the site or facility, the
				person who is requesting case closure shall submit all of the following
				information, that is applicable, as attachments to the case closure request, in
				the format that is specified in this subsection, and in the order that is
				specified in the form.
(a) Documentation
				showing that site investigation requirements in ch. NR 716 have been met or,
				where applicable, documentation which meets the requirements in ch. NR 508, the
				groundwater assessment requirements in s.
				NR
				140.24(1) (b), or both.
(b) A description of the interim and remedial
				actions taken at the site or facility. For sites or facilities where residual
				soil contamination exceeds ch. NR 720 soil standards at the time that case
				closure is requested, include a demonstration that the remedial action taken,
				and any interim action that was taken that constituted the final response
				action for soil contamination, satisfies the requirements of chs.
				NR
				720 and
				722, where applicable.
(c) Maps and cross sections shall be to
				scale, and use a graphic scale. The north arrow shall be pointing to the top of
				the map.
(d) For sites or
				facilities where soil excavation or active soil remediation occurred:
1. A table of soil analytical results with
				collection dates identified. Soil analytical data tables shall clearly indicate
				depth of sample, soil type and whether the sample represents pre-remedial or
				post-remedial conditions. At sites or facilities where soil excavation
				occurred, the soil analytical data tables shall indicate whether the soil data
				point represents soil that was removed or soil that remains in place.
2. A map that shows the locations of all soil
				samples collected.
Note:
Where a soil performance standard cover
				  is the only action taken, that is not considered active soil remediation. This
				  requirement applies to all sites where soil excavation or active soil
				  remediation occurred, not just those to be included on the department database
				  under s.
				  NR
				  726.07.
(e) Where the agency has required groundwater
				quality sampling to be conducted, results from a minimum of 8 successive
				quarterly rounds of sampling to demonstrate compliance with either the
				applicable requirements of ch. NR 140 or the requirements of s.
				NR
				726.05(6), unless otherwise directed
				or approved by the agency.
Note:
Under ch. NR 722, alternate sampling
				  schedules may be proposed, based on site geology, contaminants of concern,
				  remedial action applied and redevelopment plans. The department expects that
				  more monitoring may be necessary at complex sites, or where statistical
				  analysis will be used for data evaluation. Conversely, less post-remediation
				  monitoring may be appropriate for certain sites with significant source
				  removal, readily degradable compounds or other well-established site
				  conditions.
(f) For sites
				or facilities with sediment contamination, or soil vapor contamination,
				sampling data demonstrating that the remedial action selected in accordance
				with ch. NR 722 has restored the environment to the extent practicable and
				minimized the harmful effects of the hazardous substances on the air, lands,
				and waters of the state.
(g) Submit
				to the department documentation that all other closure conditions have been
				satisfied, within 120 days after the department provides a conditional closure
				response.
Note:
This requirement is meant to cover well
				  abandonment and any other minor condition identified in a conditional closure
				  letter. It does not apply to the continuing obligations specified in the final
				  closure letter. Ch. NR 141 requires the documentation of well abandonment on a
				  form supplied by the department. The well abandonment form, 3300-005, can be
				  accessed at
http://dnr.wi.gov/topic/DrinkingWater/documents/forms/3300005.pdf
.
(h) Where attempts to locate
				monitoring wells for abandonment are unsuccessful, submit documentation of the
				efforts made, to the department.
(i) Any other information that the department
				specifically requests.