NR 726.05(7)(c) (c) Groundwater samples used to determine compliance with ch. NR 140 shall be taken from monitoring wells constructed in accordance with ch. NR 141. The agency may approve an alternative monitoring program designed to show whether groundwater quality standards have been met.

NR 726.05(8) (8) Criteria for closure for sites or facilities with vapor contamination. A site or facility is not eligible for closure until the following criteria have been met:

NR 726.05(8)(a) (a) The vapor exposure pathway has been investigated in accordance with s. NR 716.11 (5) (g); and

NR 726.05(8)(b) (b) Where vapors were present above the vapor risk screening level:

NR 726.05(8)(b)1. 1. A remedial action has been conducted and reduced the mass and concentration of volatile compounds to the extent practicable; and

NR 726.05 Note Note: Vapor mitigation systems are not considered remedial actions, as they do not reduce the mass or concentrations of the contaminants. Vapor mitigation systems are used to interrupt the vapor migration pathway.

NR 726.05(8)(b)2. 2. The vapor exposure pathway has been interrupted or mitigated.

NR 726.05(9) (9) Other. Any other condition for case closure that is necessary to protect public health, safety, or welfare or the environment may be required.

NR 726.05 History History: CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13; corrections in (6) (a) 1., 2. made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.

NR 726.07 NR 726.07 Department database requirements.

NR 726.07(1) (1) All sites or facilities meeting any of the criteria in s. NR 725.05 (2) or 726.13 (1) (c), upon approval of the closure request under ch. NR 726, shall be entered onto the department database. All properties within or partially within the contaminated site or facility boundaries, including all public street and highway rights–of–way and railroad rights–of–way, shall be included.

NR 726.07(2) (2) The site or facility closure approval letter, and the information required under s. NR 726.11 shall be associated with the site or facility record in the department database.

NR 726.07 Note Note: A continuing obligation can be imposed within a general liability clarification letter for a local governmental unit directed to take an action under s. NR 708.17, in a remedial action plan approval under s. NR 722.15, or in a closure approval under ch. NR 726.

NR 726.07 History History: CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13.

NR 726.09 NR 726.09 Closure documentation requirements.

NR 726.09(1) (1) Case closure request form. A request for case closure shall be submitted on a form supplied by the agency and shall be accompanied by documentation that the criteria in s. NR 726.05 (1) to (8) are satisfied. One paper copy and one electronic copy of the complete closure request shall be submitted to the department, unless otherwise directed by the department. All information submitted shall be legible. Providing illegible information may result in a submittal being considered incomplete until corrected.

NR 726.09 Note Note: Copies of the WDNR case closure request form (form 4400-202) and the associated impacted property notification information form (4400-246) for sites or facilities over which the department has administrative authority may be accessed at:
http://dnr.wi.gov/files/PDF/forms/4400/4400-202.pdf,
or may be obtained from any regional office of the department, or by writing to the Department of Natural Resources, Bureau for Remediation and Redevelopment, P.O. Box 7921, Madison, Wisconsin 53707.

NR 726.09 Note Note: Electronic copies should be submitted in the Adobe portable document format (PDF) on optical disk media. Guidance on electronic submittals can be accessed at http://dnr.wi.gov/files/PDF/pubs/rr/RR690.pdf.

NR 726.09(2) (2) General requirements. In order to demonstrate that applicable federal, state and local public health and environmental laws have been complied with, and to provide information on the location and nature of any residual contamination at the site or facility, the person who is requesting case closure shall submit all of the following information, that is applicable, as attachments to the case closure request, in the format that is specified in this subsection, and in the order that is specified in the form.

NR 726.09(2)(a) (a) Documentation showing that site investigation requirements in ch. NR 716 have been met or, where applicable, documentation which meets the requirements in ch. NR 508, the groundwater assessment requirements in s. NR 140.24 (1) (b), or both.

NR 726.09(2)(b) (b) A description of the interim and remedial actions taken at the site or facility. For sites or facilities where residual soil contamination exceeds ch. NR 720 soil standards at the time that case closure is requested, include a demonstration that the remedial action taken, and any interim action that was taken that constituted the final response action for soil contamination, satisfies the requirements of chs. NR 720 and 722, where applicable.

NR 726.09(2)(c) (c) Maps and cross sections shall be to scale, and use a graphic scale. The north arrow shall be pointing to the top of the map.

NR 726.09(2)(d) (d) For sites or facilities where soil excavation or active soil remediation occurred:

NR 726.09(2)(d)1. 1. A table of soil analytical results with collection dates identified. Soil analytical data tables shall clearly indicate depth of sample, soil type and whether the sample represents pre-remedial or post-remedial conditions. At sites or facilities where soil excavation occurred, the soil analytical data tables shall indicate whether the soil data point represents soil that was removed or soil that remains in place.

NR 726.09(2)(d)2. 2. A map that shows the locations of all soil samples collected.

NR 726.09 Note Note: Where a soil performance standard cover is the only action taken, that is not considered active soil remediation. This requirement applies to all sites where soil excavation or active soil remediation occurred, not just those to be included on the department database under s. NR 726.07.

NR 726.09(2)(e) (e) Where the agency has required groundwater quality sampling to be conducted, results from a minimum of 8 successive quarterly rounds of sampling to demonstrate compliance with either the applicable requirements of ch. NR 140 or the requirements of s. NR 726.05 (6), unless otherwise directed or approved by the agency.

NR 726.09 Note Note: Under ch. NR 722, alternate sampling schedules may be proposed, based on site geology, contaminants of concern, remedial action applied and redevelopment plans. The department expects that more monitoring may be necessary at complex sites, or where statistical analysis will be used for data evaluation. Conversely, less post-remediation monitoring may be appropriate for certain sites with significant source removal, readily degradable compounds or other well-established site conditions.

NR 726.09(2)(f) (f) For sites or facilities with sediment contamination, or soil vapor contamination, sampling data demonstrating that the remedial action selected in accordance with ch. NR 722 has restored the environment to the extent practicable and minimized the harmful effects of the hazardous substances on the air, lands, and waters of the state.