Chapter NR 727

NR 727.09(3) (3) Updating a deed restriction. For cases that have been closed with a deed restriction that has since been satisfied, the responsible party or property owner may, at any time after the conditions necessitating a deed restriction have been either eliminated or satisfied and the restriction is no longer needed, request that the agency issue a written determination that can be referenced in an affidavit, confirming this situation. An affidavit can be then recorded at the county register of deeds office to give notice that some or all of the conditions, as applicable, in the previously recorded deed restriction are no longer required.

NR 727.09 Note Note: Prior to June 3, 2006, cases meeting certain conditions were closed with a deed restriction in accordance with ch. NR 726. Since that time, the use of deed restrictions for closure have been replaced with conditions in a closure letter under ch. NR 726 or in a remedial action approval under ch. NR 722.

NR 727.09(4) (4) Removal from the department database. For cases that have been included on the department database under s. NR 708.17, 722.15, or 726.13, the responsible party, property owner or other party may apply to the agency for removal of the site or facility or property, as applicable, from the department database. A site may not be removed from the database until all applicable standards have been met and all requirements imposed have been satisfied or nullified. A request may be submitted to the agency at any time after any of the following have been achieved:

NR 727.09(4)(a) (a) Groundwater contaminant concentrations are below ch. NR 140 enforcement standards.

NR 727.09(4)(b) (b) Soil contaminant concentrations are below ch. NR 720 soil standards.

NR 727.09(4)(c) (c) Other requirements or continuing obligations imposed have been satisfied or nullified.

NR 727.09(5) (5) Modification of the department database. For cases that have been included on the department database under s. NR 708.17, 722.15, or 726.13, the responsible party, property owner or other party may request that the department modify information on the department database at any time after any of the following have been achieved:

NR 727.09(5)(a) (a) Groundwater contaminant concentrations are below ch. NR 140 enforcement standards.

NR 727.09(5)(b) (b) Soil contaminant concentrations are below ch. NR 720 soil standards.

NR 727.09(5)(c) (c) Other requirements or continuing obligations imposed have been satisfied or nullified.

NR 727.09 Note Note: Cases may be included on the department database for more than one reason. If one or more of the conditions have been satisfied or nullified, but one or more remain, the information on the database can be changed to reflect current conditions.

NR 727.09 Note Note: Fees are required under ch. NR 749 for the removal or modification of information on the department database.

NR 727.09(6) (6) Deed notices.

NR 727.09(6)(a) (a) Deed notices that are required for modification or removal of a site or facility or property from the department database, or for another agency decision, shall be drafted in compliance with all of the following requirements:

NR 727.09(6)(a)1. 1. The document shall be drafted as an affidavit in the format required by s. 59.43 (2m), Stats.

NR 727.09(6)(a)2. 2. The property’s legal description shall be typed onto the form or a copy of the legal description shall be attached and incorporated by reference.

NR 727.09(6)(a)3. 3. The document shall be signed by the property owner or owners, and their signatures shall be notarized.

NR 727.09(6)(b) (b) If a deed notice is required under this section, responsible parties shall record the deed notice within 90 days after the agency specifies that a deed notice is required.

NR 727.09 History History: CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13.

NR 727.11 NR 727.11 Fees.

NR 727.11(1) (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.

NR 727.11(2) (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.

NR 727.11(3) (3) Department database processing fee.

NR 727.11(3)(a) (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.

NR 727.11(3)(b) (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.

NR 727.11 History History: CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13; correction in (3) (a) made under s. 13.92 (4) (b) 6., Stats., October 2013 No. 694.

NR 727.13 NR 727.13 Reopening closed cases.

NR 727.13(1) (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.

NR 727.13(2) (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.

NR 727.13(3) (3) If additional response action is required for a previously closed case, the department:

NR 727.13(3)(a) (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.

NR 727.13(3)(b) (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.

NR 727.13(4) (4) The party who conducted the cleanup, or a person who owns the source property, or a person who owns an affected property, may request reopening of a closed case, or may conduct additional remedial actions.

NR 727.13 History History: CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13.