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)(b)3. 3. A completed groundwater monitoring well information form.

NR 726.11 Note Note: The Groundwater Monitoring Well Information Form is required in s. NR 716.15. It can be obtained at http://dnr.wi.gov/topic/Groundwater/documents/forms/4400_89.pdf.

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) (1) Closure approval.

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)1. 1. The fees required by ch. NR 749 have been paid to the department.

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)(a)3. 3. A complete case closure request is submitted to the agency in accordance with ch. NR 726.

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)3. 3. Cause a violation of surface water quality standards in chs. NR 102 to 106.

NR 726.13(1)(b)4. 4. Cause a violation of air quality standards contained in chs. NR 400 to 499.

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.