NR 726.03 Note
Note: “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.
NR 726.03 History
History: CR 12-023: cr.
Register October 2013 No. 694, eff. 11-1-13.
NR 726.05
NR 726.05
General requirements for case closure. NR 726.05(1)(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.
NR 726.05(2)
(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.
NR 726.05(3)(a)(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.
NR 726.05 Note
Note: Under s.
292.12 (3) (b), Stats., the department has authority to charge a fee for placement on a department database.
NR 726.05(3)(b)
(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.
NR 726.05 Note
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.
NR 726.05(4)
(4) Response action goals. For sites or facilities considering closure under this chapter, the closure request shall document that the remaining level of contamination is not likely to:
NR 726.05(4)(a)
(a) Pose a threat to public health, safety, or welfare or the environment.
NR 726.05(4)(b)
(b) Cause a violation of
ch. NR 140 groundwater quality enforcement standards at any applicable point of standards application, except where the department has granted an exemption under
s. NR 140.28 for a specific hazardous substance or the criteria under
s. NR 726.05 (6) are met.
NR 726.05(4)(e)
(e) Cause a vapor action level in indoor air to be attained or exceeded.
NR 726.05 Note
Note: Vapor action level is defined in s.
NR 700.03 (66p) as "the concentration of vapors from volatile compounds is at or above the 1-in-100,000 (1x10
-5) excess lifetime cancer risk or is at or above a hazard index of 1 for non-carcinogens."
NR 726.05(5)
(5) Completeness. A case closure request shall be complete and meet the documentation requirements of
ss. NR 726.09 and
726.11 if applicable.
NR 726.05 Note
Note: Incomplete closure requests may be denied. The review fee may be applied to review of the site investigation for grossly incomplete closure requests, on a case-by-case basis. A closure review fee would be required when a complete closure request is then submitted.
NR 726.05(6)
(6) Criteria for closure for sites or facilities with groundwater contamination. For sites or facilities with groundwater contamination that attains or exceeds
ch. NR 140 enforcement standards at the time that case closure is requested, including sites or facilities contaminated with petroleum products discharged from a petroleum storage tank that are eligible for closure under
ch. NR 726, the responsible party or other person requesting closure shall submit a case closure request to the agency for the site that documents that all of the following criteria are satisfied, if applicable:
NR 726.05(6)(a)
(a) Adequate source control measures have been taken which include all of the following:
NR 726.05(6)(a)1.
1. Whether regulated or registered under
ch. ATCP 93 or not, all existing underground storage tanks have been removed, permanently closed or upgraded to prevent new discharges of hazardous substances to the groundwater that would violate
ch. NR 140. The same requirement applies to all new and replacement underground storage tanks not regulated under
ch. ATCP 93.
NR 726.05 Note
Note: The intent of this requirement is to ensure that source control measures are taken which prevent new or continuing releases, regardless of whether or not the tank is regulated under ch.
ATCP 93.
NR 726.05(6)(a)2.
2. All new and replacement underground storage tanks regulated under
ch. ATCP 93 have been constructed and are being monitored in accordance with
ch. ATCP 93.
NR 726.05(6)(a)3.
3. All other existing tanks, pipes, barrels or other containers which may discharge a hazardous substance have been removed, contained or controlled to prevent, to the maximum extent practicable, new discharges of hazardous substances to the groundwater that would violate
ch. NR 140.
NR 726.05(6)(a)4.
4. Where applicable, immediate and interim actions have been taken in accordance with
ch. NR 708 to protect public health, safety, or welfare or the environment.
NR 726.05(6)(a)6.
6. The concentration and mass of a substance and its breakdown products in groundwater have been reduced due to naturally occurring physical, chemical and biological processes as necessary to adequately protect public health and the environment, and prevent groundwater contamination from migrating beyond the boundaries of the property or properties which are required to be entered onto the department database.
NR 726.05(6)(b)
(b) Natural attenuation will bring the groundwater into compliance with
ch. NR 140 groundwater quality standards within a reasonable period of time, considering the criteria in
s. NR 722.07.
NR 726.05(6)(c)
(c) The groundwater plume margin is stable or receding, and after case closure, groundwater contamination attaining or exceeding
ch. NR 140 preventive action limits will not migrate beyond the boundaries of any property that falls into either one of the following categories:
NR 726.05(6)(c)1.
1. Properties for which a preventive action limit exemption has been granted.
NR 726.05(6)(c)2.
2. Properties that have been identified as having existing groundwater contamination that attains or exceeds
ch. NR 140 enforcement standards and that will be included on the department database.
NR 726.05(6)(d)
(d) There is no existing or anticipated threat to public health, safety, or welfare or the environment.
NR 726.05(7)
(7) General closure criteria. The following shall be required for case closure at all sites or facilities:
NR 726.05(7)(a)
(a) All monitoring wells and boreholes installed during any response action taken for the site or facility shall be abandoned and documented as abandoned in accordance with
s. NR 141.25, except for specific wells that the agency approves of retaining until sampling is no longer required.
NR 726.05(7)(b)
(b) For sites or facilities where waste or contaminated media was generated during the response action and was stored or treated on–site, all the waste or contaminated media shall be handled and disposed of in accordance with applicable state and federal laws before a case closure request is submitted or approved.
NR 726.05(7)(c)
(c) Groundwater samples used to determine compliance with
ch. NR 140 shall be taken from monitoring wells constructed in accordance with
ch. NR 141. The agency may approve an alternative monitoring program designed to show whether groundwater quality standards have been met.
NR 726.05(8)
(8) Criteria for closure for sites or facilities with vapor contamination. A site or facility is not eligible for closure until the following criteria have been met:
NR 726.05(8)(b)
(b) Where vapors were present above the vapor risk screening level:
NR 726.05(8)(b)1.
1. A remedial action has been conducted and reduced the mass and concentration of volatile compounds to the extent practicable; and
NR 726.05 Note
Note: Vapor mitigation systems are not considered remedial actions, as they do not reduce the mass or concentrations of the contaminants. Vapor mitigation systems are used to interrupt the vapor migration pathway.
NR 726.05(9)
(9) Other. Any other condition for case closure that is necessary to protect public health, safety, or welfare or the environment may be required.
NR 726.05 History
History: CR 12-023: cr.
Register October 2013 No. 694, eff. 11-1-13; corrections in (6) (a) 1., 2. made under s.
13.92 (4) (b) 7., Stats.,
Register October 2013 No. 694.
NR 726.07
NR 726.07
Department database requirements. NR 726.07(1)(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.
NR 726.07(2)
(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.
NR 726.07 Note
Note: 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.
NR 726.07 History
History: CR 12-023: cr.
Register October 2013 No. 694, eff. 11-1-13.
NR 726.09
NR 726.09
Closure documentation requirements. NR 726.09(1)(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.
NR 726.09 Note
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.
NR 726.09 Note
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.
NR 726.09(2)
(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.
NR 726.09(2)(a)
(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.
NR 726.09(2)(b)
(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.
NR 726.09(2)(c)
(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.
NR 726.09(2)(d)
(d) For sites or facilities where soil excavation or active soil remediation occurred:
NR 726.09(2)(d)1.
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.
NR 726.09 Note
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.
NR 726.09(2)(e)
(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.
NR 726.09 Note
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.
NR 726.09(2)(f)
(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.
NR 726.09(2)(g)
(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.
NR 726.09 Note
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.
NR 726.09(2)(h)
(h) Where attempts to locate monitoring wells for abandonment are unsuccessful, submit documentation of the efforts made, to the department.
NR 726.09(2)(i)
(i) Any other information that the department specifically requests.
NR 726.09(3)
(3) Notifications. Responsible parties or other persons requesting closure shall submit a copy of all the notifications required under
ch. NR 725 or under
s. NR 726.13 (1) (c) with written proof of the date on which the letters were received.
NR 726.09 Note
Note: These notifications will be in the case file, but will no longer be included as part of the PDF on the department database. A list of addresses of all affected properties and a cover letter detailing the continuing obligations per property will be included as part of the PDF on the department database.
NR 726.09 History
History: CR 12-023: cr.
Register October 2013 No. 694, eff. 11-1-13.
NR 726.11
NR 726.11
Department database documentation requirements. NR 726.11(1)(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.
NR 726.11(1)(b)
(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.
NR 726.11 Note
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."
NR 726.11(2)
(2) Maintenance plans. Responsible parties or other persons requesting closure shall submit a copy of a maintenance plan for any condition listed in
s. NR 725.05 (2) (d) to
(L) or
726.13 (1) (c), as applicable, or as otherwise required by the department. The maintenance plan shall include the following information:
NR 726.11(2)(a)
(a) A location map which shows the location and extent of the structure or feature to be maintained, in relation to other structures or features on the site. The map shall also include the extent and type of residual contamination, and include property boundaries.
NR 726.11(2)(b)
(b) A brief description of the type, depth and location of residual contamination.
NR 726.11(2)(c)
(c) A description of the maintenance actions required for maximizing effectiveness of the engineered control, feature, or other action for which maintenance is required.
NR 726.11(2)(d)
(d) An inspection log, to be maintained on site, or at a location specified in the maintenance plan or approval letter.
NR 726.11(2)(e)
(e) A contact name, address, and phone number of the individual or facility who will be conducting the maintenance.
NR 726.11 Note
Note: The closure approval letter will specify whether the inspection log is to be submitted to the department and the frequency of submittal, or simply maintained on site or at the location identified in the maintenance plan. The inspection log is reviewed by the department during audits conducted of sites with continuing obligations.
NR 726.11(3)
(3) Photographs. For sites or facilities with a cover or other performance standard, a structural impediment or a vapor mitigation system, include one or more photographs documenting the condition and extent of the feature at the time of the closure request. Pertinent features shall be visible and discernable. Photographs shall be submitted with a title related to the site name and location, and the date on which it was taken.
NR 726.11(4)
(4) Deed and parcel information. Responsible parties or other persons requesting closure shall submit all of the following items, for each property within or partially within the contaminated site boundaries other than public street or highway rights-of-way or railroad rights-of-way:
NR 726.11(4)(a)
(a) A copy of the most recent deed which includes the legal description of each property, except that, in situations where a buyer has purchased property under a land contract and has not yet received a deed, a copy of the land contract which includes the legal description shall be submitted.
