Chapter NR 726
CASE CLOSURE
NR 726.01   Purpose.
NR 726.02   Applicability.
NR 726.03   Definitions.
NR 726.05   General requirements for case closure.
NR 726.07   Department database requirements.
NR 726.09   Closure documentation requirements.
NR 726.11   Department database documentation requirements.
NR 726.13   Authority and approvals for case closure.
NR 726.15   Closure letters and continuing obligations.
Ch. NR 726 NoteNote: Chapter NR 726 as it existed on April 30, 1995 was repealed and a new chapter NR 726 was created effective May 1, 1995. Chapter NR 726 was repealed and recreated, Register October 2013 No. 694, eff. 11-1-13.
NR 726.01NR 726.01Purpose. The purpose of this chapter is to specify the minimum requirements and conditions that shall be met before the department may determine that a case related to a discharge of hazardous substances or environmental pollution at a specific site or facility may be closed. This chapter is adopted pursuant to ss. 227.11 (2), 287.03, and 289.06, Stats., and ch. 292, Stats.
NR 726.01 HistoryHistory: CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13.
NR 726.02NR 726.02Applicability.
NR 726.02(1)(1)This chapter applies to the closure of all cases where a response action, other than an immediate action, is taken at a site, facility or portion of a site or facility that is subject to regulation under ch. 292, Stats., regardless of whether there is direct involvement or oversight by the department, except that this chapter does not apply where the department determines under ch. NR 708 that no further action is necessary.
NR 726.02(2)(2)In addition to being applicable to sites or facilities specified in sub. (1), this chapter applies to the proposed closure of all of the following:
NR 726.02(2)(a)(a) Solid waste facilities where remedial action is required by the department pursuant to ch. NR 508.
NR 726.02(2)(b)(b) Sites or facilities where remedial action has been taken by a person who is seeking a liability exemption under s. 292.15, Stats.
NR 726.02(3)(3)The department may exercise enforcement discretion on a case–by–case basis and choose to regulate a site, facility or a portion of a site or facility under only one of a number of potentially applicable statutory authorities. However, where there are overlapping restrictions or requirements, the more restrictive requirements shall control. The department shall, after receipt of a request and the appropriate fee under ch. NR 749 from the responsible parties, provide a letter that indicates which regulatory program or programs the department considers to be applicable to a site or facility.
NR 726.02 NoteNote: Sites, facilities or portions of a site or facility that are subject to regulation under ch. 292, Stats., may also be subject to regulation under other statutes, including the solid waste statutes in ch. 289, Stats., or the hazardous waste management act, ch. 291, Stats., and the administrative rules adopted pursuant to those statutes. One portion of a site or facility may be regulated under a different statutory authority than other portions of that site or facility.
NR 726.02 HistoryHistory: CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13.
NR 726.03NR 726.03Definitions. The definitions in s. NR 700.03 apply to this chapter.
NR 726.03 NoteNote: “Agency with administrative authority” or “agency” is used in several sections of ch. NR 726 to distinguish between the actions for which the department is responsible, in contrast to those actions where the Department of Agriculture, Trade and Consumer Protection (DATCP) has authority to review and approve closure requests, ensure that comment periods prior to closure approvals are followed, and to review information on the department database regarding compliance with conditions of closure.
NR 726.03 HistoryHistory: CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13.
NR 726.05NR 726.05General requirements for case closure.
NR 726.05(1)(1)Compliance. The responsible party or other person requesting closure shall ensure compliance with all applicable federal, state, and local public health and environmental laws, including chs. NR 140, 141, and 700 to 754, as applicable, prior to requesting case closure.
NR 726.05(2)(2)Notification. Where written notification is required under ch. NR 725, the notification requirements shall be satisfied prior to submitting a request for case closure to the agency. When a site-specific condition of closure is required for a site or facility under s. NR 726.13 (1) (c), notification shall be in accordance with the requirements of s. NR 725.07.