reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 724 - Remedial and interim action design, implementation, operation, maintenance and monitoring requirements › Section NR 724.07 - Department response

Current through June 24, 2024
(1) The department may direct responsible
				parties in writing that department approval of a plan or report is necessary
				prior to proceeding to the next step in the design, implementation or operation
				of a remedial action or interim action under this chapter. In such cases, the
				department shall provide a written acknowledgement of receipt of any report or
				plan submitted pursuant to this chapter within 30 days. The department
				acknowledgement shall include an estimated date for completion of department
				review.
(2) In cases where
				department approval is required for the reports or plans submitted under this
				chapter, the department may request additional information, require revisions,
				approve, conditionally approve or disapprove of the plans or reports. The
				department shall provide to the responsible parties, in writing, the reasons
				for any disapproval and the department may establish a deadline for providing
				revisions.
Persons who prepare the plans and reports required by this
					 chapter should be aware that other department programs may also require the
					 submittal, review and approval of plans and reports.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 724 - Remedial and interim action design, implementation, operation, maintenance and monitoring requirements › Section NR 724.09 - Design report

Current through June 24, 2024
Unless otherwise directed by the department, responsible
				  parties shall submit to the department a design report for all remedial actions
				  and those interim actions specified in s.
				  NR
				  724.02(1), containing all of the
				  following information:
(1)The
				information required in s.
				NR 724.05(2)
				(e).
(2)A brief description of the site or
				facility.
(3)A complete and
				detailed description of the remedial or interim action being
				designed.
(4)All engineering
				criteria, concepts, assumptions and calculations used in preparing the design,
				including adequate justification for their use.
(5)Any treatability study information, pilot
				test results, aquifer pumping test results or other test results utilized in
				the design, unless this information was previously submitted to the department.
Note:
Treatability studies should be conducted
				  as early in the response process as possible.
(6)A listing of all local, state and federal
				permits, licenses and approvals required to construct and implement the
				remedial or interim action.
(7)A
				brief description of the public health and environmental laws and standards
				applicable to the contamination and the interim or remedial action being
				implemented, including the physical location where the environmental standards
				shall be complied with for each medium of concern.
(8)A preliminary discussion of the types of,
				frequency of and schedule for monitoring of the remedial or interim action.
				This discussion shall address any water, soil, soil gas, air, vapor, or other
				monitoring required for each component of the remedial or interim
				action.
(9)A preliminary discussion
				of planned operation and maintenance provisions.
Note:
An operation and maintenance plan
				  prepared in accordance with s.
				  NR
				  724.13(2) will satisfy the
				  requirements of s. NR 724.09(8) and (9), if submitted with the design report.
				  In this case, the operation and maintenance plan should provide a complete,
				  rather than a preliminary, discussion of the topics described in s. NR
				  724.09(8) and (9).
(10)A
				proposed schedule for implementation of the remedial or interim action, which
				identifies timing for initiation and completion of all tasks. The proposed
				dates for completion of the remedial or interim action and major milestones
				shall be specified. The schedule shall include deadlines for all reports, plans
				and submittals required by the department.
(11)Discussion of any other relevant
				technical factors.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 724 - Remedial and interim action design, implementation, operation, maintenance and monitoring requirements › Section NR 724.11 - Design plans and specifications

Current through June 24, 2024
Unless otherwise directed by the department, responsible
				  parties shall submit to the department design plans and specifications for each
				  remedial action and any of the interim actions specified in s.
				  NR
				  724.02(1). Plans and specifications
				  shall:
(1)Be consistent with the
				concepts presented in the design report prepared under s.
				NR
				724.09.
(2)Provide a general correlation between
				drawings and technical specifications.
(3)Include technical specifications and
				requirements necessary for all the components of the remedial or interim
				action.
(4)Include detailed
				drawings of the proposed design, including general component arrangements,
				equipment layout, process flow diagram, piping and instrumentation diagrams,
				cross sections, sampling locations and instrumentation locations.
(5)Show sufficient detail for construction,
				according to customary industrial and professional standards.
(6)Unless otherwise directed by the
				department, include legible visual aids, including maps, plan sheets, drawings,
				isometrics, cross sections and aerial photographs, which:
(a) Are no larger than 24 inches by 36 inches
				and no smaller than 81/2 inches by 11 inches.
(b) Are of appropriate scale to show all
				required details in sufficient clarity.
(c) Are numbered, titled, have a legend of
				all symbols used, contain horizontal and vertical scales where applicable, and
				specify drafting or origination dates and current drawing revision or issue
				status.
(d) Use uniform, graphic
				scales.
(e) Contain a north arrow,
				where appropriate.
(f) Use national
				geodetic survey data as the basis for all elevations.
(g) Show dimensions for location and
				placement of features or units and elevations that are based on permanent,
				retrievable surveying control monuments or stations.
(h) Additionally, for solid or hazardous
				waste disposal facilities or, when directed by the department, for other
				land-based features being constructed at the site or facility as part of the
				response action:
1. Display a survey grid
				based on monuments established in the field which are referenced to state plane
				coordinates.
2. Show the survey
				grid location and reference major plan sheets on all cross sections.
Note:
Examples of land-based features include
				  covers, waste or soil piles, soil treatment piles, liners, landfills and
				  features created by earth moving and regrading.
3. Include a reduced plan-view map on all
				sheets with cross sections indicating the location of the cross
				section.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 724 - Remedial and interim action design, implementation, operation, maintenance and monitoring requirements › Section NR 724.13 - Operation and maintenance

Current through June 24, 2024
(1) GENERAL.
(a) Unless otherwise directed by the
				department, responsible parties shall conduct all necessary operation and
				maintenance activities in accordance with this section and in compliance with
				all applicable state or federal public health and environmental laws, whichever
				are more stringent, until all applicable public health and environmental laws
				are complied with as required in chs.
				NR
				700 to
				754.
(b) Responsible parties shall operate and
				maintain any cover systems, liners, physical hydraulic containment systems,
				leachate collection systems, and gas collection, extraction, and management
				systems at sites or facilities for which they are responsible until no longer
				required by the department.
(c)
				Responsible parties and property owners shall operate vapor mitigation systems
				for which they are responsible until no longer required by the
				department.
(d) Vapor mitigation
				systems and remedial actions designed to address vapor migration shall be
				monitored at a frequency determined by the department, to measure whether the
				action taken has been effective in meeting the vapor action level.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 724 - Remedial and interim action design, implementation, operation, maintenance and monitoring requirements › Section NR 724.15 - Documentation of construction and completion

Current through June 24, 2024
(1) Unless
				otherwise directed by the department, responsible parties shall submit to the
				department a construction documentation or as-built report within 60 days after
				the date that construction of a remedial action or any interim action specified
				in s.
				NR
				724.02(1) is completed or determined
				to be essentially complete by the department.
(2) The report shall document that the
				completed final remedial or interim action meets or exceeds all design criteria
				and the plans and specifications developed in accordance with all of the
				requirements of this chapter.
(3)
				Unless otherwise directed by the department, the construction documentation
				report shall include all of the following information:
(a) The information specified under s.
				NR 724.05(2)
				(e).
(b) As-built maps, plan sheets, drawings,
				isometric drawings and cross sections.
(c) A synopsis of the remedial or interim
				action and a certification that the design and construction was carried out in
				accordance with the plans and specifications.
(d) An explanation of any minor changes to
				the plans and why these were necessary for the project.
(e) Results of all pilot and field tests or
				studies and site monitoring conducted during construction.
(f) A brief description of the public health
				and environmental laws applicable to the contamination and the interim or
				remedial action selected, including the physical location where the
				environmental laws shall be complied with for all media of concern.
(g) The information required in ch. NR 516
				for documenting the construction at the site or facility of any final covers,
				liners, leachate collection systems and gas collection, extraction and
				management systems.
(h) A revised
				operations and maintenance plan in accordance with s.
				NR
				724.13(4), unless the cover letter
				indicates that there are no revisions to the operations and maintenance
				plan.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 724 - Remedial and interim action design, implementation, operation, maintenance and monitoring requirements › Section NR 724.17 - Long-term monitoring

Current through June 24, 2024
(1) GENERAL. Responsible parties shall
				conduct all necessary and appropriate long-term monitoring at a site or
				facility in accordance with all of the requirements of this section and any
				other applicable public health and environmental laws.
(2)LONG-TERM MONITORING PLAN. Unless
				otherwise directed by the department, the responsible parties shall submit a
				long-term monitoring plan to the department that specifies:
(a) The parameters to be monitored;
(b) The sampling and analytical methods to be
				used, consistent with the sampling and analysis requirements in s.
				NR
				716.13;
(c) The interval at which monitoring is to be
				performed; and
(d) The public
				health and environmental laws, including standards, to be complied
				with.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 724 - Remedial and interim action design, implementation, operation, maintenance and monitoring requirements › Section NR 724.19 - Application of new environmental standards

Current through June 24, 2024
(1)If, after a
				remedial action selected in accordance with the requirements of ch. NR 722 is
				implemented, any applicable environmental standards are modified by the
				department to be more stringent, or if additional environmental standards are
				promulgated, the department shall require responsible parties to comply with
				the new or modified environmental standards if the department determines that,
				for a specific site or facility, compliance with the more stringent standards
				is necessary to ensure that the interim action or remedial action will be
				protective of public health, safety, or welfare or the environment.
(2)If, after a remedial action selected in
				accordance with ch. NR 722 is implemented, any applicable environmental
				standards are modified by the department to be less stringent, the department
				shall approve of case closure if requested by responsible parties once the new,
				less stringent standards are achieved, if the department determines that the
				new, less stringent standards will be protective of public health, safety, or
				welfare or the environment at a specific site or facility that is the subject
				of a case closure request under ch. NR 726.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 725 - NOTIFICATION REQUIREMENTS FOR RESIDUAL CONTAMINATION AND CONTINUING OBLIGATIONS › Section NR 725.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to specify the minimum
				  notification requirements that shall be met before the agency with
				  administrative authority may determine that a specific site or facility may be
				  closed under ch. NR 726 with a continuing obligation or residual contamination,
				  or to approve a remedial action plan which includes a continuing obligation,
				  and to identify which sites shall be included on a department database. This
				  chapter is adopted pursuant to ss.
				  227.11(2),
				  287.03,
				  and
				  289.06, Stats.,
				  and ch. 292, Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 725 - NOTIFICATION REQUIREMENTS FOR RESIDUAL CONTAMINATION AND CONTINUING OBLIGATIONS › Section NR 725.02 - Applicability

Current through June 24, 2024
(1)This chapter applies to persons seeking
				closure for a case that includes a property with residual contamination or
				where a continuing obligation may be applied on a property that is not owned by
				that person, regardless of whether there is direct involvement or oversight by
				the department. This chapter also applies to local governmental units or
				economic development corporations that are required to take action under ch. NR
				708 or persons receiving approval of a remedial action plan under ch. NR 722,
				when the department determines that notification is necessary.
(2)In addition to being applicable to sites
				or facilities specified in sub. (1), this chapter also applies to the proposed
				closure of solid waste facilities where remedial action is required by the
				department.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 725 - NOTIFICATION REQUIREMENTS FOR RESIDUAL CONTAMINATION AND CONTINUING OBLIGATIONS › Section NR 725.05 - Situations where notification is required

Current through June 24, 2024
(1) PERSONS
				REQUIRING NOTIFICATION. Written notification shall be provided by the
				responsible party, or other party required to provide notification by the
				department, to the following parties if the property meets any of the criteria
				in sub. (2):
(a) The owner of each property
				within or partially within the contamination site or facility boundaries, other
				than properties owned by the responsible party.
Note:
Notification of property owners includes
				  notification of the source property owner when the responsible party conducting
				  the investigation and cleanup does not own the source property.
(b) Occupants of those properties
				listed in par. (a), as appropriate.
Note:
Notification of occupants may be done by
				  providing copies of the notification to occupants or to the property owner to
				  distribute, by posting the notification at the property, or by other means, as
				  long as written notification is included.
(c) The clerk of the county, and town,
				village, or city where a public street or highway right-of-way is located, and
				to the municipal department or state agency that is responsible for maintaining
				the public street or highway.
(d)
				The railroad that maintains the railroad right-of-way.
Note:
In cases where an owner of record cannot
				  be located, responsible parties are encouraged to work with the agency project
				  manager regarding notification.
(e) The owner of each property where a
				monitoring well was constructed, but where the monitoring well was unable to be
				located for abandonment, or where continued monitoring will be required.
Note:
Monitoring wells need to be located
				  before a closure request is prepared, so that all necessary notifications are
				  completed in a timely manner.
Note:
In some cases, continued monitoring of a
				  well may be required of another responsible party, in which case responsibility
				  for the abandonment of the well will be a condition for closure for that
				  responsible party.
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 726.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to specify the minimum
				  requirements and conditions that shall be met before the department may
				  determine that a case related to a discharge of hazardous substances or
				  environmental pollution at a specific site or facility may be closed. This
				  chapter is adopted pursuant to ss.
				  227.11(2),
				  287.03,
				  and
				  289.06, Stats.,
				  and ch. 292, Stats.
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 726.02 - Applicability

Current through June 24, 2024
(1)This chapter applies to the closure of all
				cases where a response action, other than an immediate action, is taken at a
				site, facility or portion of a site or facility that is subject to regulation
				under ch. 292, Stats., regardless of whether there is direct involvement or
				oversight by the department, except that this chapter does not apply where the
				department determines under ch. NR 708 that no further action is
				necessary.
(2)In addition to being
				applicable to sites or facilities specified in sub. (1), this chapter applies
				to the proposed closure of all of the following:
(a) Solid waste facilities where remedial
				action is required by the department pursuant to ch. NR 508.
(b) Sites or facilities where remedial action
				has been taken by a person who is seeking a liability exemption under s.
				292.15,
				Stats.
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 726.03 - Definitions

Current through June 24, 2024
The definitions in s.
				  NR
				  700.03 apply to this chapter.
"Agency with administrative authority" or "agency" is used
					 in several sections of ch. NR 726 to distinguish between the actions for which
					 the department is responsible, in contrast to those actions where the
					 Department of Agriculture, Trade and Consumer Protection (DATCP) has authority
					 to review and approve closure requests, ensure that comment periods prior to
					 closure approvals are followed, and to review information on the department
					 database regarding compliance with conditions of closure.
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 726.05 - General requirements for case closure

Current through June 24, 2024
(1) COMPLIANCE. The
				responsible party or other person requesting closure shall ensure compliance
				with all applicable federal, state, and local public health and environmental
				laws, including chs.
				NR
				140,
				141, and
				700 to
				754, as applicable, prior to
				requesting case closure.
(2)NOTIFICATION. Where written notification
				is required under ch. NR 725, the notification requirements shall be satisfied
				prior to submitting a request for case closure to the agency. When a
				site-specific condition of closure is required for a site or facility under s.
				NR
				726.13(1) (c), notification shall be
				in accordance with the requirements of s.
				NR
				725.07.
(3)FEES.
(a) For sites or facilities where the
				department has administrative authority to oversee the remediation of the site,
				the case closure fee and, if entry on the department database is required under
				s.
				NR
				726.07, the fee or fees listed in ch. NR 749 for
				adding a site to the department database, shall be submitted to the department
				with each case closure request.
Note:
Under s.
				  292.12(3)
				  (b), Stats., the department has authority to
				  charge a fee for placement on a department database.
(b) [For sites or facilities contaminated
				with petroleum products discharged from a petroleum storage tank for which the
				department of safety and professional services has administrative authority
				under s.
				101.144, Stats., and]
				Sites or facilities for which department of agriculture, trade and consumer
				protection has administrative authority under s.
				94.73,
				Stats., that are required by s.
				NR
				726.07 to be entered onto the department database, the
				fee or fees listed in ch. NR 749 for adding a site to the department database
				shall be submitted to the department before a case closure request is submitted
				to the appropriate agency. For these sites or facilities, a case closure
				request may not be considered complete until proof of payment of the required
				fees has been entered onto the department's bureau for remediation and
				redevelopment tracking system, which is available on the department's internet
				site.
Note:
The department's bureau for remediation
				  and redevelopment tracking system can be found on the internet at
http://dnr.wi.gov/topic/Brownfields/rrsm.html
.
Note:
The language in brackets no longer
				  applies as a result of the repeal of s.
				  101.144, Stats., by
				  2013 Wis. Act 20. This provision is subject to future rulemaking.
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 726.07 - Department database requirements

Current through June 24, 2024
(1)All sites or
				facilities meeting any of the criteria in s.
				NR
				725.05(2) or
				726.13(1) (c), upon
				approval of the closure request under ch. NR 726, shall be entered onto the
				department database. All properties within or partially within the contaminated
				site or facility boundaries, including all public street and highway
				rights-of-way and railroad rights-of-way, shall be included.
(2)The site or facility closure approval
				letter, and the information required under s.
				NR
				726.11 shall be associated with the site or facility
				record in the department database.
A continuing obligation can be imposed within a general
					 liability clarification letter for a local governmental unit directed to take
					 an action under s.
					 NR
					 708.17, in a remedial action plan approval under s.
					 NR 722.15, or
					 in a closure approval under ch. NR
					 726.
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 726.11 - Department database documentation requirements

Current through June 24, 2024
(1) GENERAL
				REQUIREMENTS. Responsible parties or other persons requesting closure for any
				site or facility meeting the criteria in s.
				NR
				725.05(2) or as required under s.
				NR
				726.13(1) (c), shall submit the
				applicable information in the case closure request. The information shall be in
				the order specified in the closure request form.
(a) For sites or facilities meeting the
				criteria of s.
				NR
				726.07(1), the information required
				in subs. (2) to (7) shall be submitted, as applicable.
(b) Information shall be submitted in
				accordance with s.
				NR
				700.11(3g), unless otherwise directed
				by the department. Providing illegible information may result in a submittal
				being considered incomplete until corrected unless otherwise directed by the
				department.
Note:
Under s.
				  NR
				  700.11(3g), "one paper copy and one
				  electronic copy of each plan or report shall be submitted to the department,
				  unless otherwise directed by the department. The electronic copy shall be
				  submitted on optical disk media and may not be submitted as electronic mail
				  attachments unless specifically approved in advance by the department.
				  Electronic copy files shall have a minimum resolution of 300 dots per inch, and
				  may not be locked or password protected. The department may request that the
				  electronic copy of sampling results be submitted in a format that can be
				  managed in software. An electronic copy of certain types of voluminous
				  attachments or appendices may be substituted for the paper copy, if
				  specifically approved in advance by the department. All documents shall be
				  digital format versions rather than scanned versions except documents that are
				  only available as scanned versions. Deeds and legal descriptions may be scanned
				  versions. All information submitted shall be legible."
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 726.13 - Authority and approvals for case closure

Current through June 24, 2024
(1) CLOSURE
				APPROVAL.
(a) The agency may grant case
				closure under this section, if all the following conditions are met:
1. The fees required by ch. NR 749 have been
				paid to the department.
2. It has
				been documented, in the case closure request that is submitted to the agency in
				compliance with the requirements of s.
				NR
				726.09, that all applicable public health and
				environmental laws, including chs.
				NR
				700 to
				754, have been complied with, or
				where ch. NR 140 enforcement standards are the only standards that are attained
				or exceeded, that the criteria in s.
				NR
				726.05(6) are satisfied.
3. A complete case closure request is
				submitted to the agency in accordance with ch. NR 726.
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 726.15 - Closure letters and continuing obligations

Current through June 24, 2024
(1)For sites or
				facilities meeting the criteria of s.
				NR
				725.05(2) or
				726.13(1) (c), the
				closure letter shall include the following:
(a) A statement that the site will be
				included in the department database, and that if the property owner intends to
				construct or reconstruct a well, prior department approval is required, in
				accordance with s.
				NR 812.09(4)
				(w).
(b) A requirement that the property owner
				shall inform any purchaser of the property about the continuing obligations
				identified in the closure letter that apply to the property. The closure letter
				may also require the property owner to notify affected occupants of the need
				for specific continuing obligations.
(c) For conditions of closure that restrict
				site conditions, occupancy or property use from what is conditioned or
				identified in the final closure letter, a requirement that the property owner
				at the time that the condition changes shall notify the agency of the change in
				site condition, occupancy or land use, so that the agency can determine if
				further actions are necessary to maintain protection of public health, safety,
				or welfare or the environment.
(d)
				For conditions of closure that require maintenance, a requirement that the
				property owner operate and maintain the applicable system, cover or containment
				system in accordance with the operation and maintenance plan developed under
				ch. NR 724. The closure letter shall also include conditions regarding
				inspections, documentation, availability, and submittal of an inspection log,
				at a frequency determined by the agency.
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 727.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to specify the minimum
				  responsibilities of responsible parties and owners and occupants of properties
				  with residual contamination, where continuing obligations have been imposed in
				  a closure approval letter or in a remedial action plan approval, or for local
				  government units where continuing obligations have been imposed by the
				  department under ch. NR 708; to specify the process for updating closure
				  conditions, continuing obligations and information included in the department
				  database; and to specify the criteria for reopening a closed case. This chapter
				  is adopted pursuant to ss.
				  227.11(2),
				  287.03,
				  and
				  289.06, Stats.,
				  and ch. 292, Stats.
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 727.02 - Applicability

Current through June 24, 2024
This chapter applies to the responsibilities for continuing
				  obligations and related actions at sites or facilities that are subject to
				  regulation under ch. 292, Stats., regardless of whether there is direct
				  involvement or oversight by the department.
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 727.03 - Definitions

Current through June 24, 2024
The definitions in s.
				  NR
				  700.03 apply to this chapter.
"Agency with administrative authority" or "agency" is used
					 in several sections of ch. NR 727 to distinguish between the actions for which
					 the department is responsible, in contrast to those actions where the
					 Department of Agriculture, Trade and Consumer Protection (DATCP) has authority
					 to review and approve closure requests, and to review information on the
					 department database regarding compliance with conditions of closure.
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 727.05 - Continuing obligation responsibilities

Current through June 24, 2024
(1)A party or
				person who owns or occupies a property where a continuing obligation has been
				imposed under either s.
				NR
				708.17 or
				722.15 or ch. NR 726 shall:
(a) Comply with the requirements imposed by
				the agency, without regard to when the person obtained or occupied the
				property. This may include any continuing obligation necessary to ensure that
				conditions at the property, site or facility remain protective of public
				health, safety, and welfare and the environment.
Note:
Ch. 292, Stats., allows for legally
				  enforceable agreements (private contracts) between parties to address the
				  continuing obligations imposed by an agency. Since the agency is not a party to
				  these agreements, the property owner remains responsible for compliance with a
				  continuing obligation if an issue arises.
(b) Perform the following actions in
				compliance with the conditions specified by the agency, as applicable:
1. Operate and maintain the response
				required.
2. Maintain an inspection
				log, and keep it on the premises or at the location specified in the
				maintenance plan until the continuing obligation has been satisfied or
				removed.
3. Submit the inspection
				log electronically, on a form provided by the department, to the agency at the
				frequency required.
4. Conduct
				long-term monitoring.
(c)
				Allow reasonable access to the agency for inspection of any required continuing
				obligations.
(d) Manage any residual
				contamination in accordance with applicable state and federal laws.
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 727.07 - Notification of the agency with administrative authority regarding continuing obligations

Current through June 24, 2024
For situations where a continuing obligation has been imposed
				  under either s.
				  NR
				  708.17,
				  722.15, or
				  726.13, the property owner shall
				  notify the agency within 45 days prior to taking any of the following actions,
				  to determine whether further action may be necessary to protect human health,
				  safety, or welfare or the environment:
(1)Removal of a building, cover, including a
				soil cover, barrier, or engineered containment structure or a portion
				thereof.
(2)Removal of a structural
				impediment, including any structural impediment that prevented completion of
				the investigation or remediation.
(3)Change from industrial to non-industrial
				land use, including where soil standards applied at closure were based on
				industrial land use exposure assumptions.
(4)Change in use of a vapor mitigation
				system, including a passive or active vapor mitigation system.
(5)Change in use from non-residential setting
				to residential setting, including where vapor risk screening levels were based
				on non-residential setting exposure assumptions at closure.
Note:
This may include sites or facilities
				  where exposures applicable to non-residential settings, (i.e., commercial or
				  industrial uses, or continued use of the compound of concern), changes to a
				  residential setting (i.e. single or multiple family dwellings, or educational,
				  child care and senior care facilities).
(6)Construction of a building over residual
				soil or groundwater contamination by volatile compounds, including where a
				building did not exist at closure, but where construction of a building without
				adequate vapor control may result in a completed exposure pathway.
(7)Site-specific conditions, including any
				other situation where the agency required notification, on a case-by-case
				basis, including changes in use or occupancy of a property.
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 727.11 - Fees

Current through June 24, 2024
(1) REQUEST FOR REVIEW. A request for a
				review, a determination, or processing a change to the department database
				under this chapter may not be considered by the agency until proof of payment
				of the required fees has been received by the department's remediation and
				redevelopment program, in accordance with ch. NR 749.
(2)REVIEW FEE. For sites or facilities where
				the department has administrative authority to oversee the remediation of the
				site or facility, the fee listed in ch. NR 749 for review of a request to
				update a deed restriction, or to modify or remove a site or facility or
				property from the department database shall be submitted to the department with
				each request.
(3)DEPARTMENT
				DATABASE PROCESSING FEE.
(a) For sites or
				facilities where the department has administrative authority to oversee the
				remediation of the site or facility, the fee listed in ch. NR 749 for
				processing the change to the department database shall be submitted to the
				department with each request.
(b)
				For sites or facilities where the department of agriculture, trade and consumer
				protection has administrative authority to oversee the remediation of the site
				or facility, the fee for processing the change to the department database shall
				be submitted to the department of natural resources with each
				request.
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 727.13 - Reopening closed cases

Current through June 24, 2024
(1)The department may require additional
				response actions, including monitoring, for any case which has previously been
				closed by the department if information regarding site or facility conditions
				indicates that contamination on or from the site or facility poses a threat to
				public health, safety, or welfare or the environment.
(2)The department may require additional
				response actions if a property owner fails to comply with a condition of
				closure, a deed restriction, or with the certificate of completion issued
				pursuant to s.
				292.15,
				Stats., or fails to maintain or comply with a continuing obligation.
(3)If additional response action is required
				for a previously closed case, the department:
(a) Shall indicate in writing to the
				responsible parties that additional response action is needed at the site or
				facility and provide the responsible parties with information regarding the
				nature of the problem and category of response action that is needed.
(b) May require the responsible parties to
				achieve compliance with the applicable public health and environmental laws,
				including chs.
				NR
				700 to
				754 where applicable, within a
				time period established by the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 728 - Enforcement › Section NR 728.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to describe the tools that are
				  available to the department to ensure compliance with chs.
				  NR
				  700 to
				  754 and to implement response
				  actions at sites or facilities with environmental pollution, and sites or
				  facilities where there has been a discharge of a hazardous substance. This
				  chapter is adopted pursuant to ss.
				  227.11(2)
				  and
				  289.06(1),
				  Stats., and ch. 292, Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 728 - Enforcement › Section NR 728.03 - Definitions

Current through June 24, 2024
(1)"Environmental agreement" means an
				agreement entered into by one or more persons and the department pursuant to
				ch. 292, Stats., which requires the performance of a response action at a site
				or facility which causes or threatens to cause environmental
				pollution.
(2)"Consent order" means
				an administrative order issued by the department which the order recipient
				stipulates to and waives the right to a contested case hearing on the
				order.
(3)"Contested case" has the
				meaning specified in s.
				227.01(3),
				Stats.
Section
					 227.01(3),
					 Stats., defines "contested case" to mean "an agency proceeding in which the
					 assertion by one party of any substantial interest is denied or controverted by
					 another party and in which, after a hearing required by law, a substantial
					 interest of a party is determined or adversely affected by a decision or
					 order." A contested case hearing is only conducted by the department in
					 situations where state statutes allow an aggrieved party to request a hearing
					 before an administrative law judge.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 728 - Enforcement › Section NR 728.05 - Referrals for rule violations

Current through June 24, 2024
Any person who violates the requirements of chs.
				  NR
				  700 to
				  754 or ch. 292, Stats., may be
				  referred to the office of the attorney general by the department. Any person
				  who is referred to the office of the attorney general by the department shall
				  be given written notice of the referral. Section
				  299.95,
				  Stats., requires that the attorney general enforce chs. 289 to 292, Stats., and
				  all rules promulgated to implement chs. 289 to 292, Stats.
Section
					 299.97,
					 Stats., provides for forfeitures of not less than $10 nor more than $5,000 for
					 each violation of chs. 289 to 292, Stats., any rule promulgated under chs. 289
					 to 292, Stats., or any plan approval, license or special order issued under
					 chs. 289 to 292, Stats. Each day of continued violation is a separate
					 offense.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 728 - Enforcement › Section NR 728.06 - Fees related to enforcement actions

Current through June 24, 2024
The department may assess and collect fees from a person who
				  is subject to an order or other enforcement action to cover the costs incurred
				  by the department to review the planning and implementation of any
				  environmental investigation or environmental cleanup that the person is
				  required to conduct.
Section
					 292.94
					 allows the department to assess and collect fees to cover the costs incurred by
					 the department. Chapter
					 NR 749 specifies the fees that
					 apply to these actions.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 728 - Enforcement › Section NR 728.065 - Interest on recovered monies

Current through June 24, 2024
(1)The department
				shall assess and collect interest on the unpaid balance of monies recovered by
				the department, when payments are made over time.
(2)The interest rate shall be established at
				the time of the settlement, and may not be changed during the repayment period.
				The interest rate shall be based on the amount of the unpaid balance of the
				monies owed, at the rate specified in s.
				71.82(1)
				(a), Stats., compounded monthly.
(3)Interest is to be paid to the department
				on a monthly basis.
Sections
					 292.11
					 and
					 292.31,
					 Stats., require the department to assess interest on the unpaid balance of
					 monies required to be reimbursed to the department, when these monies are to be
					 paid over time.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 728 - Enforcement › Section NR 728.07 - Environmental agreements

Current through June 24, 2024
(1) AGREEMENTS. The
				department may enter into an environmental agreement with any person for
				response actions pursuant to ch. 292, Stats., or into intergovernmental
				agreements with local governments or municipalities pursuant to s.
				66.0301,
				Stats.
(2)CONTENT. All
				environmental agreements entered into pursuant to ch. 292, Stats., shall
				contain at a minimum, all of the following provisions:
(a) A description of the site or facility,
				and its location.
(b) A listing of
				the parties to the agreement.
(bm)
				A description of the roles and responsibilities of the persons who are parties
				to the agreement.
(c) A schedule
				for completing the response action covered by the agreement.
(d) Provision for stipulated penalties if the
				response action is not completed in accordance with the agreement
				schedule.
(e) The method for
				resolving any disputes which may arise during the implementation of the
				response actions.
(f) The method
				for modifying the agreement.
(g)
				Fees associated with the department's cost of review and approval as set forth
				in ch. NR 749.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 728 - Enforcement › Section NR 728.09 - Special orders

Current through June 24, 2024
(1) EMERGENCY ORDERS. The department may
				issue emergency orders without prior hearing, pursuant to s.
				292.11(7)
				(c), Stats., to the person or persons
				responsible for a hazardous substance discharge, for the purpose of protecting
				public health, safety, or welfare. Such an emergency order shall become
				effective upon receipt. However, the recipient of the order shall have 10 days
				after service of the order to file a petition for judicial review pursuant to
				ss.
				227.52
				and
				227.53,
				Stats. The emergency order shall remain in effect after the filing of a
				petition for judicial review unless the reviewing court issues a
				stay.
(1m)ORDERS FOR PREVENTION OF
				A DISCHARGE.
(a) The department may require
				that preventive measures be taken by any person possessing or having control
				over a hazardous substance if the department finds that existing control
				measures are inadequate to prevent discharges.
(b) The department shall specify necessary
				preventive measures by order. The order shall be effective 10 days after
				issuance, unless the person named requests a hearing, in which case no order
				may become effective until the conclusion of the hearing.