Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 726 - Case closure › Appendix A

Current through June 24, 2024
All letters sent to landowners whose property has groundwater
				  contamination that exceeds ch. NR 140 enforcement standards at the time that
				  case closure is requested shall contain the following provisions, at a minimum,
				  in order to satisfy the requirements of s.
				  NR 726.05(2)
				  (b) 4. and (3) (a) 4. g.:
"Groundwater contamination that appears to have originated on
				  the property located at [insert source property address] has migrated onto your
				  property at [insert off-site property address]. The levels of [insert names of
				  substances] contamination in the groundwater on your property are above the
				  state groundwater enforcement standards found in chapter
				  NR
				  140, Wisconsin Administrative Code. However, the
				  environmental consultants who have investigated this contamination have
				  informed me that this groundwater contaminant plume is stable or receding and
				  will naturally degrade over time. I believe that allowing natural attenuation
				  to complete the cleanup at this site will meet the requirements for case
				  closure that are found in chapter
				  NR 726 [insert "and chapter
				  NR 746 " or "and chapter SPS 346 "
				  if this site is eligible for closure under ch. NR 746 or SPS 346], Wisconsin
				  Administrative Code, and I will be requesting that the Department of [insert
				  either "Natural Resources" or "Safety and Professional Services"] accept
				  natural attenuation as the final remedy for this site and grant case closure.
				  Closure means that the Department will not be requiring any further
				  investigation or cleanup action to be taken, other than the reliance on natural
				  attenuation."
"Since the source of the groundwater contamination is not on
				  your property, neither you nor any subsequent owner of your property will be
				  held responsible for investigation or cleanup of this groundwater
				  contamination, as long as you and any subsequent owners comply with the
				  requirements of section
				  292.13,
				  Wisconsin Statutes, including allowing access to your property for
				  environmental investigation or cleanup if access is required. To obtain a copy
				  of the Department of Natural Resources' publication #RR-589, Fact Sheet 10:
				  Guidance for Dealing with Properties Affected by Off-Site Contamination," you
				  may visit
http://www.dnr.wi.gov/org/aw/rr/archives/pubs/RR589.pdf
.
"The Department of [insert "Natural Resources" or "Safety and
				  Professional Services"] will not review my closure request for at least 30 days
				  after the date of this letter. As an affected property owner, you have a right
				  to contact the Department to provide any technical information that you may
				  have that indicates that closure should not be granted for this site. If you
				  would like to submit any information to the Department of [insert "Natural
				  Resources" or "Safety and Professional Services"] that is relevant to this
				  closure request, you should mail that information to: [insert name and address
				  of agency contact for the site]."
"If this case is closed, all properties within the site
				  boundaries where groundwater contamination exceeds chapter
				  NR
				  140 groundwater enforcement standards will be listed
				  on the Department of Natural Resources' geographic information system (GIS)
				  Registry of Closed Remediation Sites. The information on the GIS Registry
				  includes maps showing the location of properties in Wisconsin where groundwater
				  contamination above chapter
				  NR
				  140 enforcement standards was found at the time that
				  the case was closed. This GIS Registry will be available to the general public
				  on the Department of Natural Resources' internet web site. Please review the
				  enclosed legal description of your property, and notify me within the next 30
				  days if the legal description is incorrect."
"Once the Department makes a decision on my closure request,
				  it will be documented in a letter. If the Department grants closure, you may
				  obtain a copy of this letter by requesting a copy from me, by writing to the
				  agency address given above or by accessing the DNR GIS Registry of Closed
				  Remediation Sites on the internet at
http://www.dnr.wi.gov/org/aw/rr/gis/index.htm
.A
				  copy of the closure letter is included as part of the site file on the GIS
				  Registry of Closed Remediation Sites."
"Should you or any subsequent property owner wish to
				  construct or reconstruct a well on your property, special well construction
				  standards may be necessary to protect the well from the residual groundwater
				  contamination. Any well driller who proposes to construct a well on your
				  property in the future will first need to obtain approval from a regional water
				  supply specialist in DNR's Drinking Water and Groundwater Program. The well
				  construction application, form 3300-254, is on the internet at
http://www.dnr.wi.gov/org/water/dwg/3300254
,or
				  may be accessed through the GIS Registry web address in the preceding
				  paragraph.
"If you need more information, you may contact me at [insert
				  address and phone number] or you may contact [insert the name of the agency
				  contact) at (insert address and phone number]."