Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 727 - CONTINUING OBLIGATIONS REQUIREMENTS AND REOPENING CLOSED CASES › Section NR 727.09 - Updating the department database or continuing obligations

Current through June 24, 2024
In order to evaluate any of the following situations, the
				  agency may require that the person requesting a change submit information, as
				  necessary:
(1)COMPLIANCE WITH
				CONTINUING OBLIGATIONS. The agency may require additional response actions be
				taken at sites or facilities closed with deed restrictions or where continuing
				obligations have been imposed under either s.
				NR
				708.17,
				722.15, or
				726.13, in cases where compliance with
				the restriction, condition, or continuing obligation has not been maintained.
Note:
The department conducts audits of cases
				  where continuing obligations have been imposed. In some cases, these audits
				  identify a lack of compliance with the continuing obligation imposed, and
				  measures are required to return the site to compliance.
(2)UPDATING A GROUNDWATER USE RESTRICTION.
				For cases that have been closed conditioned upon the recording of a groundwater
				use restriction, the responsible party or property owner may, at any time after
				groundwater contaminant concentrations fall below ch. NR 140 preventive action
				limits, apply for unconditional case closure and may request that the agency
				issue an affidavit that can be recorded at the county register of deeds office
				to give notice that the previously recorded groundwater use restriction is no
				longer required. The responsible party may also apply for a preventive action
				limit exemption under s.
				NR
				140.28 if concentrations fall below ch. NR 140
				enforcement standards and the appropriate criteria under s.
				NR
				140.28 are met. Once an exemption is granted under s.
				NR
				140.28, the responsible party may request that the
				agency issue an affidavit that can be recorded at the county register of deeds
				office to give notice that an exemption has been granted under s.
				NR
				140.28 and that the previously recorded groundwater
				use restriction is no longer required.
Note:
Prior to November, 2001, cases with
				  groundwater enforcement standard exceedances were closed with a deed
				  restriction, called a groundwater use restriction. The groundwater use
				  restriction required department review and approval of a water supply well
				  constructed or reconstructed on an affected property. Since November, 2001,
				  these sites have been closed by adding them to a department database. Chapter
				  NR 812 contains the requirement
				  for department review and approval of any well constructed or reconstructed on
				  a property listed on the GIS Registry (department database). Responsible
				  parties or property owners of sites or facilities or properties subsequently
				  meeting groundwater enforcement standards may request to have the deed
				  restriction updated and the site or property removed from the department
				  database, or that the information on the database be modified.
(3)UPDATING A DEED RESTRICTION.
				For cases that have been closed with a deed restriction that has since been
				satisfied, the responsible party or property owner may, at any time after the
				conditions necessitating a deed restriction have been either eliminated or
				satisfied and the restriction is no longer needed, request that the agency
				issue a written determination that can be referenced in an affidavit,
				confirming this situation. An affidavit can be then recorded at the county
				register of deeds office to give notice that some or all of the conditions, as
				applicable, in the previously recorded deed restriction are no longer required.
Note:
Prior to June 3, 2006, cases meeting
				  certain conditions were closed with a deed restriction in accordance with ch.
				  NR 726. Since that time, the use of deed restrictions for closure have been
				  replaced with conditions in a closure letter under ch. NR 726 or in a remedial
				  action approval under ch. NR 722.
(4)REMOVAL FROM THE DEPARTMENT DATABASE. For
				cases that have been included on the department database under s.
				NR
				708.17,
				722.15, or
				726.13, the responsible party,
				property owner or other party may apply to the agency for removal of the site
				or facility or property, as applicable, from the department database. A site
				may not be removed from the database until all applicable standards have been
				met and all requirements imposed have been satisfied or nullified. A request
				may be submitted to the agency at any time after any of the following have been
				achieved:
(a) Groundwater contaminant
				concentrations are below ch. NR 140 enforcement standards.
(b) Soil contaminant concentrations are below
				ch. NR 720 soil standards.
(c)
				Other requirements or continuing obligations imposed have been satisfied or
				nullified.