Chapter NR 749

Register September 2007 No. 621

Chapter NR 749

FEES FOR PROVIDING ASSISTANCE; REMEDIATION
AND REDEVELOPMENT PROGRAM

NR 749.01   Purpose.

NR 749.02   Applicability.

NR 749.03   Effective date.

NR 749.04   Fees.

NR 749.05   Alternative fees for negotiated agreements.

Ch. NR 749 Note Note: Chapter NR 749 was created as an emergency rule effective September 19, 1998.

NR 749.01 NR 749.01 Purpose. The purpose of this chapter is to establish fees to offset the department’s costs of providing assistance under ch. 292, Stats. The department’s authority to impose fees is found in ch. 292, Stats.

NR 749.01 History History: Cr. Register, January, 1999, No. 517, eff. 2-15-99; CR 12-023: am. Register October 2013 No. 694, eff. 11-1-13.

NR 749.02 NR 749.02 Applicability. This chapter applies to persons seeking department assistance under ch. 292, Stats., except that most oversight fees for those persons seeking department assistance under s. 292.15, Stats., shall be paid in accordance with ch. NR 750. As listed in Table 1, D. of s. NR 749.04, portions of this chapter apply to those persons seeking assistance under s. 292.15, Stats., and who are seeking closure with residual contamination that must be added to the department’s database as required in s. 292.12 (2) and (3) or s. 292.57, Stats.

NR 749.02 History History: Cr. Register, January, 1999, No. 517, eff. 2-15-99; CR 12-023: am. Register October 2013 No. 694, eff. 11-1-13.

NR 749.03 NR 749.03 Effective date. Beginning on February 15, 1999, persons requesting department assistance under ch. 292, Stats., shall pay the applicable fee listed in Table 1 for all submittals received after February 15, 1999.

NR 749.03 History History: Cr. Register, January, 1999, No. 517, eff. 2-15-99.

NR 749.04 NR 749.04 Fees.

NR 749.04(1) (1) When a person requests the department to review a document listed in Table 1, the person requesting this assistance shall pay to the department the applicable fees. A person may request that department assistance be provided in either written form or in the form of oral comments. Appropriate fees shall accompany all requests for specific department assistance. Department assistance will not be provided unless the applicable fee accompanies the request for assistance. These fees are not proratable or refundable.

NR 749.04 Note Note: If the NR 700 series rules require that a document be submitted to the department, such as in s. NR 716.09 (1), but the person does not specifically request a department review of the document, then a review fee is not required.

NR 749.04 Note Note: Additional information and guidance for implementing this rule including how to make a payment when a review is requested can be found at: http://dnr.wi.gov/topic/Brownfields/Fees.html.

NR 749.04(2) (2) If the department determines that a request for assistance does not contain enough information to render an opinion, or that the request is incomplete or inaccurate in some other manner, the department will notify the applicant of the reasons for this decision.

NR 749.04 History History: Cr. Register, January, 1999, No. 517, eff. 2-15-99; CR 01-129: am. Table 1, Register July 2002 No. 559, eff. 8-1-02; CR 12-023: am. Table 1, Register October 2013 No. 694, eff. 11-1-13; correction in Table 1 made under s. 13.92 (4) (b) 7., Stats., Register November 2013 No. 695.

NR 749.05 NR 749.05 Alternative fees for negotiated agreements. As part of a negotiated agreement, responsible parties may agree to pay the department an hourly fee for project oversight as determined by the provisions set forth in ch. NR 750.

NR 749.05 History History: CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13.