NR 727.05(2)(2) For cases where a continuing obligation is required under either s. NR 708.17 or 722.15, or ch. NR 726, the property owner shall notify anyone purchasing the property of the responsibility to comply with the continuing obligation.

NR 727.05(3)(3) For cases where occupants are responsible for maintenance of a continuing obligation under either s. NR 708.17 or 722.15 or ch. NR 726, the property owner shall include the continuing obligation in the lease agreement.

NR 727.05(4)(4) In order to maintain the off-site exemption under s. 292.13, Stats., the property owner, or occupant if applicable, shall avoid all of the following:

NR 727.07NR 727.07 Notification of the agency with administrative authority regarding continuing obligations. For situations where a continuing obligation has been imposed under either s. NR 708.17, 722.15, or 726.13, the property owner shall notify the agency within 45 days prior to taking any of the following actions, to determine whether further action may be necessary to protect human health, safety, or welfare or the environment:

NR 727.07(1)(1) Removal of a building, cover, including a soil cover, barrier, or engineered containment structure or a portion thereof.

NR 727.07(2)(2) Removal of a structural impediment, including any structural impediment that prevented completion of the investigation or remediation.

NR 727.07(3)(3) Change from industrial to non-industrial land use, including where soil standards applied at closure were based on industrial land use exposure assumptions.

NR 727.07(4)(4) Change in use of a vapor mitigation system, including a passive or active vapor mitigation system.

NR 727.07(5)(5) Change in use from non-residential setting to residential setting, including where vapor risk screening levels were based on non-residential setting exposure assumptions at closure.

NR 727.07 NoteNote: This may include sites or facilities where exposures applicable to non-residential settings, (i.e., commercial or industrial uses, or continued use of the compound of concern), changes to a residential setting (i.e. single or multiple family dwellings, or educational, child care and senior care facilities).

NR 727.07(6)(6) Construction of a building over residual soil or groundwater contamination by volatile compounds, including where a building did not exist at closure, but where construction of a building without adequate vapor control may result in a completed exposure pathway.

NR 727.07(7)(7) Site-specific conditions, including any other situation where the agency required notification, on a case-by-case basis, including changes in use or occupancy of a property.

NR 727.09NR 727.09 Updating the department database or continuing obligations. In order to evaluate any of the following situations, the agency may require that the person requesting a change submit information, as necessary:

NR 727.09(1)(1) Compliance with continuing obligations. The agency may require additional response actions be taken at sites or facilities closed with deed restrictions or where continuing obligations have been imposed under either s. NR 708.17, 722.15, or 726.13, in cases where compliance with the restriction, condition, or continuing obligation has not been maintained.

NR 727.09 NoteNote: The department conducts audits of cases where continuing obligations have been imposed. In some cases, these audits identify a lack of compliance with the continuing obligation imposed, and measures are required to return the site to compliance.

NR 727.09(2)(2) Updating a groundwater use restriction. For cases that have been closed conditioned upon the recording of a groundwater use restriction, the responsible party or property owner may, at any time after groundwater contaminant concentrations fall below ch. NR 140 preventive action limits, apply for unconditional case closure and may request that the agency issue an affidavit that can be recorded at the county register of deeds office to give notice that the previously recorded groundwater use restriction is no longer required. The responsible party may also apply for a preventive action limit exemption under s. NR 140.28 if concentrations fall below ch. NR 140 enforcement standards and the appropriate criteria under s. NR 140.28 are met. Once an exemption is granted under s. NR 140.28, the responsible party may request that the agency issue an affidavit that can be recorded at the county register of deeds office to give notice that an exemption has been granted under s. NR 140.28 and that the previously recorded groundwater use restriction is no longer required.

NR 727.09 NoteNote: Prior to November, 2001, cases with groundwater enforcement standard exceedances were closed with a deed restriction, called a groundwater use restriction. The groundwater use restriction required department review and approval of a water supply well constructed or reconstructed on an affected property. Since November, 2001, these sites have been closed by adding them to a department database. Chapter NR 812 contains the requirement for department review and approval of any well constructed or reconstructed on a property listed on the GIS Registry (department database). Responsible parties or property owners of sites or facilities or properties subsequently meeting groundwater enforcement standards may request to have the deed restriction updated and the site or property removed from the department database, or that the information on the database be modified.

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.