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.
NR 726.11 Note
Note: Copies of deeds, or other documents with legal descriptions, are not required to be submitted for contaminated public street or highway rights–of–way or railroad rights-of–way. Information on residual groundwater or soil contamination that has migrated onto a right–of–way will be found in the documents that are submitted as part of the case closure request for the source property. It is only in the situation where the source of the contamination is in the right-of-way, that a right-of-way will be listed on the department database as a separate property. In those situations, the maps that are required to be submitted, as an attachment to the case closure request for the site, will show where contaminated groundwater or soil samples were collected and will provide points of reference for locating residual contamination in the right–of–way.
NR 726.11(4)(b)
(b) A copy of the certified survey map or the relevant portion of the recorded plat map for those properties where the legal description in the most recent deed or land contract refers to a certified survey map or a recorded plat map. In cases where the certified survey map or recorded plat map are not legible or are unavailable, a copy of a parcel map from a county land information office may be substituted. A copy of a parcel map from a county land information office shall be legible, and the parcels identified in the legal description shall be clearly identified and labeled with the applicable parcel identification number.
NR 726.11(4)(c)
(c) A statement signed by the responsible party or other person requesting closure affirming that he or she believes that legal descriptions for all of the properties within or partially within the contaminated site's or facility's boundaries where inclusion on a department database is required under
s. NR 726.07, at the time that case closure is requested, other than public street or highway rights-of-way or railroad rights-of-way, have been submitted to the agency as part of a department database attachment to the case closure request.
NR 726.11(4)(d)
(d) A list of addresses of all properties affected by residual contamination or a continuing obligation.
NR 726.11 Note
Note: There is a section in the closure request form on which this information is to be entered.
NR 726.11(4)(f)
(f) Geographic position data for each property in compliance with the requirements of
s. NR 716.15 (5) (d), unless the agency has directed that the responsible party or other person requesting closure does not need to provide geographic position data for a specific site.
NR 726.11(5)
(5) Maps and cross sections. All the following information shall be included in a department database attachment to the case closure request:
NR 726.11(5)(a)
(a) A site location map that outlines all properties within the contaminated site boundaries on a United States Geological Survey topographical map or plat map in sufficient detail to permit the parcels to be located easily. This map shall identify the location of all municipal and potable wells within 1200 feet of the site. If there is only one parcel, this map may be combined with the map required in
par. (b).
NR 726.11(5)(b)
(b) A detailed site map of all contaminated properties within the contaminated site boundaries, showing buildings, roads, property boundaries, contaminant sources, utility lines, monitoring wells, and potable wells. This map shall also show the location of all contaminated public street and highway rights-of-way and railroad rights-of-way in relation to the source property and in relation to the boundaries of contamination exceeding applicable standards.
NR 726.11(5)(c)
(c) For sites or facilities where soil contamination exceeds residual contaminant levels as determined under
ch. NR 720 at the time that case closure is requested:
NR 726.11(5)(c)1.
1. A map that shows the location where all soil samples were collected and identifies, with a single contour, the horizontal extent of each area of contiguous residual soil contamination that exceeds residual contaminant levels, as determined under
ch. NR 720, within the contaminated site boundaries.
NR 726.11(5)(c)2.
2. A geologic cross section showing the vertical extent of residual soil contamination that exceeds residual contaminant levels as determined under
ch. NR 720, if one was required as a part of the site investigation report. If there is groundwater contamination on the site that attains or exceeds any
ch. NR 140 enforcement standard in addition to residual soil contamination, one geologic cross section may be submitted to show the vertical extent of both soil and groundwater contamination.
NR 726.11(5)(d)
(d) For sites or facilities where groundwater attains or exceeds any
ch. NR 140 enforcement standard at the time that case closure is requested:
NR 726.11(5)(d)1.
1. A geologic cross section, if one was required under
ch. NR 716, that includes the vertical extent of residual contamination in soil and groundwater, the location and extent of the source of the contamination, isoconcentrations for all groundwater contamination attaining or exceeding
ch. NR 140 preventive action limits that remains when case closure is requested, water table and piezometric elevations, location and elevation of geologic units, bedrock and confining units, if any.
NR 726.11(5)(d)2.
2. An isoconcentration map of the contaminated properties within the contaminated site boundaries, if such a map was required under
ch. NR 716. An isoconcentration map shall show the areal extent of groundwater contamination attaining or exceeding
ch. NR 140 preventive action limits and the areal extent of groundwater contamination attaining or exceeding
ch. NR 140 enforcement standards, with the groundwater flow direction indicated, using the most recent data, with sample collection dates identified. If an isoconcentration map was not required under
ch. NR 716, submit a map showing the horizontal extent of contamination exceeding applicable standards based on the most recent data; or where standards have not been promulgated, the horizontal extent of contamination remaining after the remedial action.
NR 726.11(5)(d)3.
3. A groundwater flow map, representative of groundwater movement at the site. If groundwater flow direction varies by more than 20 degrees over the history of water level measurements at the site, 2 groundwater flow maps showing the maximum variation in groundwater flow direction shall be submitted.
NR 726.11(5)(e)
(e) For sites or facilities where samples were collected other than soil or groundwater, include a map showing the sampling locations and results, with type of sample and collection date identified.
NR 726.11(6)
(6) Data summary tables. For information submitted for sites or facilities where inclusion on a department database is required under
s. NR 726.07, shading and cross–hatching may not be used on data summary tables unless prior approval is obtained from the department. All the following information shall be included in a department database attachment to the case closure request:
NR 726.11(6)(a)
(a)
Soil. For sites or facilities where soil contamination exceeds residual contaminant levels as determined under
ch. NR 720 at the time that case closure is requested include a table of the analytical results showing results for the most recent samples, for all contaminants found in pre–remedial sampling, with sample collection dates identified.
NR 726.11(6)(b)
(b)
Groundwater. For sites or facilities where groundwater attains or exceeds any
ch. NR 140 enforcement standard at the time that case closure is requested, include:
NR 726.11(6)(b)1.
1. A separate table of only the 8 most recent analytical results from all monitoring wells, and any potable wells for which samples have been collected, with sample collection dates identified.
NR 726.11(6)(b)2.
2. A table including, at a minimum, the previous 8 water level elevation measurements from all monitoring wells, with the date measurements were made. If free product is present at the site, it shall be noted in the table.
NR 726.11(6)(c)
(c)
Other. For sites or facilities where samples other than soil or groundwater were collected, include a table specifying the sample type, sample number or location, sample results, and collection date.
NR 726.11(7)
(7) Documentation for monitoring wells. For sites or facilities where a monitoring well has not been abandoned in accordance with the requirements of
ch. NR 141 at the time of case closure, the following information shall be included in a department database attachment to the case closure request.
NR 726.11(7)(a)
(a) A site location map with the surveyed locations identified on the map for those groundwater monitoring wells that have not yet been abandoned;
NR 726.11(7)(b)
(b) The well construction report for each monitoring well that needs to be abandoned; and
NR 726.11(7)(c)
(c) The deed with legal description for each property on which a monitoring well is located.
NR 726.11 Note
Note: This would include wells that have not been located for abandonment, wells that the property owner has requested to keep and not abandon at this time, and those wells required by the agency under s.
NR 726.05 (7) (a) for continued monitoring after closure. Proper abandonment is required once the wells are no longer used. The well construction report, form 4400-113A can be obtained at
http://dnr.wi.gov/topic/Groundwater/documents/forms/4400_113_1_2.pdf.
NR 726.11 History
History: CR 12-023: cr.
Register October 2013 No. 694, eff. 11-1-13.
NR 726.13
NR 726.13
Authority and approvals for case closure. NR 726.13(1)(a)(a) The agency may grant case closure under this section, if all the following conditions are met:
NR 726.13(1)(a)2.
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.
NR 726.13(1)(b)
(b) The agency may not close a case under this chapter if, at any time in the future, the remaining level of contamination is likely to do any of the following:
NR 726.13(1)(b)1.
1. Pose a threat to public health, safety, or welfare or the environment.
NR 726.13(1)(b)2.
2. Cause a violation of a
ch. NR 140 groundwater quality enforcement standard 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 726.13(1)(b)5.
5. Cause a vapor action level in indoor air to be attained or exceeded.
NR 726.13 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 726.13(1)(c)
(c) The agency may require any other condition for case closure that is necessary to protect public health, safety, or welfare or the environment. The agency may require a site-specific condition of closure, and notification of any parties affected by that condition, including situations where contamination remains in media other than soil, groundwater, or vapors, or exposure or migration pathways are not otherwise addressed, that make a continuing obligation necessary to adequately protect human health, safety, or welfare or the environment.
NR 726.13(1)(d)
(d) The agency may not conduct a final closure review until all the following criteria are met:
NR 726.13(1)(d)1.
1. Documentation has been received that all required notifications under
ch. NR 725 have been provided.
NR 726.13(1)(d)2.
2. At least 30 days has elapsed since the date of receipt of the notification required under
s. NR 725.05 or
726.13 (1) (c), unless all of the affected property owners waive their right to comment within 30 days on the proposed case closure and copies of the waivers are submitted to the agency.
NR 726.13(1)(e)
(e) The agency may extend the 30 day period upon request by any party receiving a notification.
NR 726.13 Note
Note: In this chapter, the “agency" refers to the “agency with administrative authority," which is either DNR or DATCP. “Agency" is specified in subsection (1) for actions involving granting closure approval, with or without conditions, and for ensuring comment time periods between notification and closure approval. Subsections (2) and (3) describe DNR responsibilities.
NR 726.13(2)(a)(a) Within 60 days after receipt of a complete request for case closure under
s. NR 726.09, the department shall either determine whether the case qualifies for closure in accordance with
par. (b) or acknowledge in writing the request for case closure has been received, and provide an estimated date by which the department intends to determine whether the case can be closed.
NR 726.13(2)(b)
(b) Following receipt of a request for case closure under this section, the department shall review the information provided under
s. NR 726.09 to determine whether the applicable public health and environmental laws, including
chs. NR 700 to
754 where applicable, have been complied with and whether any further threat to public health, safety, or welfare or the environment exists at the site or facility. Based on this review, the department shall approve the case closure, or conclude that additional response actions, such as additional remedial action or long–term monitoring, are needed at the site or facility, or conclude that there is not sufficient information to allow the department to determine whether the applicable public health and environmental laws have been complied with.
NR 726.13(2)(c)
(c) If the department approves the request for case closure, the department shall mail written notice of the closure approval to the responsible parties, other interested persons who have requested closure of the case, and any person who has requested that information under
s. NR 714.05 (5).
NR 726.13(2)(d)
(d) If the department determines that the applicable public health and environmental laws have not been complied with, the department shall notify the responsible parties, other interested persons who have requested closure of the case, and any person who has requested that information under
s. NR 714.05 (5). The notification shall indicate what conditions must be met in order for the case to receive further consideration by the department for closure.
NR 726.13 Note
Note: In cases where minimal information or changes are needed, this notification is most often provided by phone or email.
NR 726.13(2)(e)
(e) If the department determines that there is not sufficient information to allow the department to determine whether the applicable public health and environmental laws have been complied with, the department shall mail written notice to the responsible parties, other interested persons who have requested closure of the case, and any person who has requested that information under
s. NR 714.05 (5). The notice shall indicate what additional information the department needs in order to determine whether the case can be closed.
NR 726.13(2)(f)
(f) The department shall also mail written notice of the department's response to a request for case closure to the owners of any property required to receive notification under
s. NR 725.05 or
726.13 (1) (c), in addition to those parties identified under
par. (c), and
(d) of this subsection.
NR 726.13(2)(g)
(g) Closure letters shall be associated with the site or facility record in the department database.
NR 726.13 History
History: CR 12-023: cr.
Register October 2013 No. 694, eff. 11-1-13;
correction in (1) (b) 2. made under s. 13.92 (4) (b) 7., Stats., Register November 2013 No. 695. NR 726.15
NR 726.15
Closure letters and continuing obligations.
