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. NR 726.15(1)(a)
(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).
NR 726.15(1)(b)
(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.
NR 726.15(1)(c)
(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.
NR 726.15(1)(d)
(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.
NR 726.15(2)
(2) For specific continuing obligations, the closure letters shall contain the following:
NR 726.15(2)(a)
(a)
Residual groundwater contamination. If there is residual groundwater contamination at the time of case closure, the final closure letter shall include a description of the extent of groundwater contamination.
NR 726.15(2)(b)
(b)
Residual soil contamination. If there is residual soil contamination at the time of case closure, the final closure letter shall include a description of the extent of soil contamination, and shall state that any soil that is excavated in the future from an area that had residual soil contamination at the time of case closure shall be sampled, analyzed, handled, and disposed of as a solid waste in compliance with applicable state and federal laws.
NR 726.15(2)(c)1.1. Where there is a monitoring well that has not been abandoned as required under
ch. NR 141 at the time of case closure, the closure letter shall include a description of which wells still need to be abandoned, the surveyed location, and state that the property owner at the time the well is located shall properly abandon the well in accordance with the requirements of
ch. NR 141.
NR 726.15(2)(c)2.
2. Where either a request for retaining a monitoring well for continued monitoring has been approved, or continued monitoring is required by an agency with administrative authority, the closure letter shall also require the property owner to verify the integrity of the well at least annually until use of the well is discontinued and the well is properly abandoned. The closure letter shall require that an inspection log be maintained on-site, unless otherwise directed by the agency, and require that the responsible party or property owner make the inspection log available for review by agency staff upon request.
NR 726.15(2)(c)3.
3. Where responsibility for continued monitoring of a well is being transferred to another responsible party, the closure letter shall also require that the responsible party or property owner not abandon the specified well at that time.
NR 726.15 Note
Note: Typically, when responsibility for a monitoring well is shifted to another responsible party, that party also becomes responsible for well abandonment in the future.
NR 726.15(2)(d)
(d)
Building, cover or containment structure for protection of groundwater. For sites or facilities where there is residual soil contamination beneath a building or a cover, such as concrete or asphalt pavement, a soil cover, or composite cover, or within an engineered containment structure, that exceeds residual contaminant levels based on protection of groundwater as determined under
ch. NR 720, which would pose a threat to groundwater if the building, cover, or containment structure were removed, the closure letter shall include a description of the residual contamination and the location of the building, cover or containment structure, and shall require the property owner to take any steps necessary to ensure that the building, cover, or containment structure will function as intended, to protect the groundwater, as required by the applicable performance standard. The closure letter shall also require the property owner to maintain and repair or shall require the property owner to notify the agency prior to replacing the building, cover, or containment structure with a structure of similar permeability or with a cover that is protective of the new use until such time as further investigation demonstrates that the concentration of contaminants no longer exceeds residual contaminant levels that protect the groundwater, as determined under
ch. NR 720.
NR 726.15(2)(e)
(e)
Building, soil cover, cover or containment structure for prevention of direct contact with soils. For sites or facilities where a building, or an engineering control, such as a soil cover, cover, or engineered containment structure is required to be maintained in order to prevent direct contact with contaminated soil within 4 feet of the ground surface that exceeds residual contaminant levels as determined under
ch. NR 720, the closure letter shall include conditions which require the property owner to ensure that the building, soil cover, or cover such as concrete or asphalt pavement, or a composite cover, or engineered containment structure will be repaired and maintained until it is no longer needed. The closure letter shall include a description of the residual contamination and the location of the building, soil cover, cover, or engineered containment structure, and shall restrict the use of the land where the building, soil cover, cover, or engineered containment structure is located to ensure that the building, soil cover, or cover, will function as intended, to prevent direct contact, as required by the applicable performance standard. The closure letter shall also require the property owner to maintain and repair or shall require the property owner to notify the agency prior to replacing the building, soil cover, cover, or engineered containment structure with a structure of similar permeability or with a cover that is protective of the new use until such time as further investigation demonstrates that the concentration of contaminants no longer exceeds residual contaminant levels that protect human health from direct contact, as determined under
ch. NR 720.
NR 726.15(2)(f)
(f)
Structural impediment. For sites or facilities where a building or other structural impediment at a site or facility has prevented the completion of an investigation to determine the degree and extent of residual contamination, or the completion of a remedial action, the closure letter shall include a description of the general location of the residual contamination and shall require the property owner to notify the agency and then conduct an investigation of the degree and extent of contamination at such time that the removal of structural impediments makes the formerly inaccessible contamination accessible.
NR 726.15(2)(g)
(g)
Industrial residual contaminant levels. For sites or facilities where industrial residual contaminant levels under
ch. NR 720 have been applied for closure, the closure letter shall include a condition that restricts the use of that property to an industrial land use until non–industrial soil cleanup standards are achieved in the future through natural attenuation or additional remediation.
NR 726.15(2)(h)
(h)
Vapor mitigation system for sites where sub-slab levels attain or exceed the vapor risk screening level. The agency may require installation and operation of a vapor mitigation system for sites or facilities where sub-slab levels attain or exceed the vapor risk screening level. The closure letter shall include conditions which require the property owner to maintain the system until it is no longer needed. The closure letter may include conditions which require maintenance of certain structural features of existing buildings. The closure letter shall include conditions which require the immediate repair and replacement of system components that fail.
NR 726.15(2)(i)
(i)
Vapor mitigation system where compounds of concern are in use. The agency may require installation and operation of a vapor mitigation system for sites or facilities where the site is using the compounds of concern in their daily operations, in accordance with
par. (h). The agency may require restrictions on the use or occupancy of the property to ensure that closure will be protective. The closure letter shall require notification of the agency and evaluation of the vapor intrusion pathway prior to changing use to a residential setting. The closure letter shall include a description of the type and location of the residual contamination.
NR 726.15 Note
Note: This would include sites or facilities where closure was based on worker exposure conditions, which then change to a different use, with different exposure assumptions.
NR 726.15(2)(j)
(j)
Vapor mitigation system for sites where vapor intrusion is of concern due to hydrogeologic conditions. The agency may require installation and operation of a vapor mitigation system and any other systems necessary for the proper operation of the vapor mitigation system, for sites or facilities which present a vapor risk, based on site-specific hydrogeologic circumstances. The closure letter shall identify the specific hydrogeologic conditions and a description of any other system necessary for the proper operation of the vapor mitigation system.
NR 726.15 Note
Note: This may include sites where contaminated groundwater enters the structure, or sites where the moisture content of soils below the slab is high or sub-slab samples are difficult to obtain, but where other conditions indicate the potential for vapor intrusion.
NR 726.15(2)(k)
(k)
Site-specific exposure conditions. The agency may restrict the use or occupancy of the property for sites or facilities based on specific exposure assumptions for vapor intrusion, to ensure that closure will be protective. The closure letter shall include the specific exposure assumptions on which the closure decision was based.
NR 726.15 Note
Note: This may include non-residential settings; sites or facilities where certain commercial or industrial exposures were applied at the time of closure, which later change to a residential setting, such as single or multiple family residences, or educational, child, or senior care facilities, where a residential exposure would apply.
NR 726.15(2)(L)
(L)
Potential for future exposure to vapors. For sites or facilities where residual soil or groundwater contamination from volatile compounds exists, but where no building is present, the agency may require protective measures to eliminate or control vapor intrusion into a future building. The closure letter may include conditions requiring that the agency be notified prior to any building construction, and a requirement that appropriate vapor control technologies be used in the construction of any building, unless an assessment is conducted which shows that the residual contaminant levels are protective of the new use.
NR 726.15 Note
Note: The potential for vapor migration into a future building is dependant on the type of building and the planned use of the building. Building control technologies may include but are not limited to passive barriers, passive venting, sub-slab depressurization, sub-membrane depressurization, sub-slab pressurization, building pressurization, and indoor air treatment.
NR 726.15(2)(m)
(m)
Site-specific conditions. For sites or facilities where closure is requested, and where the agency determines that there are site-specific circumstances that warrant site-specific closure conditions, the closure letter shall specify the exposure assumptions, use or occupancy restrictions, and necessary maintenance and notification of the agency if conditions change such that the exposure assumptions used no longer apply to the site, facility or property. Site-specific circumstances may include but are not limited to situations where contamination remains in media other than soil, groundwater, or vapors; or exposure and migration pathways not otherwise addressed make a continuing obligation necessary to adequately protect human health, safety, or welfare or the environment. If there is contamination remaining in media other than soil, groundwater, or vapor, the final closure letter shall also state that any sediments or other solids excavated in the future from an area that had residual contamination at the time of closure shall be sampled, analyzed, handled, and disposed of in compliance with applicable state and federal laws.
NR 726.15 History
History: CR 12-023: cr.
Register October 2013 No. 694, eff. 11-1-13.
