NR 746.06(2)(a)4.
4. Petroleum product that is not in dissolved phase is present with a thickness of 0.01 feet or more, and has been verified by more than one sampling event.
NR 746.06(2)(a)5.
5. Documented contamination discharges to a surface water or wetland.
NR 746.06(2)(c)
(c) There is no soil contamination within 4 feet of the ground surface that exceeds any of the direct contact soil contaminant concentrations for the substances listed in Table 2.
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See PDF for table 
NR 746.06(2)(d)
(d) For substances not listed in Table 2 that are present within 4 feet of the ground surface and that have been approved by the agency with administrative authority for the site for analysis as contaminants of concern as defined in
s. NR 720.03 (2), any potential human health risk from direct contact has been addressed.
NR 746.06(2)(e)
(e) Except for the substances listed in Table 2, there is no human health risk from direct contact for a substance listed in Table 1 if the substance's concentration is below the Table 1 soil screening level.
NR 746.06(2)(f)
(f) No release of a petroleum product to the soil or groundwater at the site has occurred within the last 10 years.
NR 746.06(2)(g)
(g) There is no evidence of migration of petroleum product contamination within a utility corridor or within a permeable material or soil along which vapors, free product or contaminated water may flow.
NR 746.06(2)(h)
(h) There is no evidence of migration or imminent migration of petroleum product contamination to building foundation drain tile, sumps or other points of entry into a basement or other enclosed structure where petroleum vapors could collect and create odors or an adverse impact on indoor air quality or where the contaminants may pose an explosion hazard.
NR 746.06(2)(i)
(i) No enforcement standard is attained or exceeded in any groundwater within 1000 feet of a well operated by a public utility, as defined in s.
196.01 (5), Stats., or within 100 feet of any other well used to provide water for human consumption.
NR 746.06 Note
Note: The definition of "public utility" that is found in s.
196.01 (5), Stats., includes, with certain limited exceptions, "every corporation, company, individual, association, their lessees, trustees or receivers appointed by any court, and every sanitary district, town, village or city that may own, operate, manage or control . . . all or any part of a plant or equipment, within the state, for the production, transmission, delivery or furnishing of heat, light, water or power either directly or indirectly to or for the public." This definition includes all wells operated by any entity (city, village, town or private company) that is in the business of distributing water to the public. It would not include wells operated by commercial establishments that conduct some other kind of business (for example, restaurants, bars or golf courses) where the well water is used by the business or by customers of the establishment.
NR 746.06 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01; correction in (2) (intro.) made under s.
13.92 (4) (b) 6., Stats.,
Register January 2012 No. 673.
NR 746.07
NR 746.07
Site closure decisions at the completion of a site investigation. The department of safety and professional services and DNR shall make site closure decisions at the completion of a site investigation based on the following requirements:
NR 746.07(1)
(1) Soil contamination only. A site that only has soil contamination shall be closed, at the completion of a site investigation that complies with the requirements of
ch. NR 716, if the site closure request documents that all of the following requirements have been complied with:
NR 746.07(1)(b)
(b) The requirements of
ch. NR 726 have been satisfied, including the signing and recording of any required deed restriction or deed notice.
NR 746.07(1)(c)
(c) There is at least a 5-foot separation between the soil contamination and the water table.
NR 746.07(2)
(2) Groundwater contamination within low permeability material. A site that has groundwater contamination within low permeability material shall be closed, at the completion of a site investigation that complies with the requirements of
ch. NR 716, if the site closure request documents that all of the following requirements have been complied with:
NR 746.07(2)(c)1.
1. All groundwater contamination is contained within low permeability material and there is at least a 5-foot separation between the contamination in the low permeability material and any underlying or downgradient permeable material.
NR 746.07(2)(c)2.
2. If there is any groundwater contamination within downgradient or underlying permeable material, one of the following requirements is satisfied:
NR 746.07(2)(c)2.a.
a. All groundwater contaminant concentrations in permeable material are below preventive action limits.
NR 746.07(2)(c)2.b.
b. All groundwater contaminant concentrations in permeable material are below enforcement standards and where preventive action limits have been attained or exceeded, a preventive action limit exemption has been granted.
NR 746.07(2)(c)2.c.
c. The requirements of one of the tests listed in
sub. (4) (c) have been satisfied for sites where enforcement standards are attained or exceeded in permeable material.
NR 746.07(3)
(3) Groundwater contamination exceeding preventive action limits, but below enforcement standards, within permeable material. A site that has groundwater contamination that attains or exceeds preventive action limits, but does not attain or exceed enforcement standards, within permeable material, shall be closed, at the completion of a site investigation that complies with the requirements of
ch. NR 716, if the site closure request documents that all of the following requirements have been complied with:
NR 746.07(3)(b)
(b) The requirements of
ch. NR 726 have been satisfied, including the signing and recording of any required deed restriction or deed notice.
NR 746.07(4)
(4) Groundwater contamination exceeding enforcement standards within permeable material. A site that has groundwater contamination that attains or exceeds enforcement standards within permeable material shall be closed, at the completion of a site investigation that complies with the requirements of
ch. NR 716, if the site complies with all of the following requirements:
NR 746.07(4)(c)1.
1. There is a minimum of 4 rounds of sampling data that are free of seasonal variation, and those sample results establish, through the use of the Mann-Kendall statistical test that is set forth in Appendix A, that the concentrations of contaminants with confirmed exceedances of enforcement standards are decreasing at the downgradient perimeter and along the centerline of the contaminant plume.
NR 746.07(4)(c)2.
2. For sampling data not free of seasonal variation, an appropriate number and frequency of sampling rounds has been conducted consistent with the requirements of Appendix A, and the sample results establish, through the use of the Mann-Whitney U statistical test that is set forth in Appendix A, that the concentrations of contaminants with confirmed exceedances of enforcement standards are decreasing at the downgradient perimeter and along the centerline of the contaminant plume.
NR 746.07 Note
Note: In compliance with s.
160.21 (2) (a), Stats., s.
NR 140.22 (2) (b) establishes the point of standards application to determine whether an enforcement standard has been attained or exceeded, for facilities, practices or activities that do not have an established design management zone, as "any point of present groundwater use and any point beyond the boundary of the property on which the facility, practice or activity is located and s.
NR 140.22 (2) (c) establishes a point of standards application for "discharges, releases, sites or facilities" regulated under s.
292.11 or
292.31, Stats. (among other statutes) as "every point at which groundwater is monitored." Groundwater contaminant concentrations at points of standards application have been taken into account in the development of the risk screening criteria in s.
NR 746.06 (2) and the closure requirements in s.
NR 746.07 and
746.08.
NR 746.07(5)
(5) Closure under ch. nr 726. If the agency with administrative authority for a site determines that the site does not comply with the requirements of this section or
s. NR 746.08, closure may still be granted on a case-by-case basis in compliance with the requirements of
ch. NR 726.
NR 746.07(6)
(6) Additional remedial action. If closure is not granted, the responsible person shall conduct additional remedial action in compliance with
chs. NR 140 and
700 to
726.
NR 746.07 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01; correction in (intro.) made under s.
13.92 (4) (b) 6., Stats.,
Register January 2012 No. 673.
NR 746.08
NR 746.08
Site closure decisions after remedial action to address one or more of the risk screening criteria. The department of safety and professional services and DNR shall make site closure decisions after remedial action to address one or more of the risk screening criteria based on the following requirements:
NR 746.08(1)
(1) Soil contamination only. A site that has residual contamination only in soil shall be closed without requiring any additional remedial action other than natural attenuation monitoring, if the site closure request documents that all of the following requirements have been complied with:
NR 746.08(1)(a)
(a) A site investigation that complies with the requirements of
ch. NR 716 has been conducted.
NR 746.08(1)(c)
(c) The requirements of
ch. NR 726 have been satisfied, including the signing and recording of any required deed restriction or deed notice.
NR 746.08(1)(d)
(d) There is at least a 5-foot separation between the soil contamination and the water table.
NR 746.08(2)
(2) Groundwater contamination within low permeability material. A site that has groundwater contamination within low permeability material shall be closed if the site closure request documents that all of the following requirements have been complied with:
NR 746.08(2)(a)
(a) A site investigation that complies with the requirements of
ch. NR 716 has been conducted.
NR 746.08(2)(d)1.
1. All groundwater contamination is contained within low permeability material and there is at least a 5-foot separation between the contamination in the low permeability material and any underlying or downgradient permeable material.
NR 746.08(2)(d)2.
2. If there is any groundwater contamination within downgradient or underlying permeable material, one of the following requirements is satisfied:
NR 746.08(2)(d)2.a.
a. All groundwater contaminant concentrations in permeable material are below preventive action limits.
NR 746.08(2)(d)2.b.
b. All groundwater contaminant concentrations in permeable material are below enforcement standards and where preventive action limits have been attained or exceeded, a preventive action limit exemption has been granted.
NR 746.08(2)(d)2.c.
c. The requirements of one of the tests listed in
sub. (4) (d) have been satisfied for sites where enforcement standards are attained or exceeded in permeable material.
NR 746.08(3)
(3) Groundwater contamination exceeding preventive action limits, but below enforcement standards, within permeable material. A site that has groundwater contamination that attains or exceeds preventive action limits, but does not attain or exceed enforcement standards, within permeable material, shall be closed if the site closure request documents that all of the following requirements have been complied with:
NR 746.08(3)(a)
(a) A site investigation that complies with the requirements of
ch. NR 716 has been conducted.
NR 746.08(3)(c)
(c) The requirements of
ch. NR 726 have been satisfied, including the signing and recording of any required deed restriction or deed notice.
NR 746.08(3)(d)
(d) The site has been granted a preventive action limit exemption.
NR 746.08(4)
(4) Groundwater contamination exceeding enforcement standards within permeable material. A site that has groundwater contamination that attains or exceeds enforcement standards within permeable material shall be closed if the site closure request documents that all of the following requirements have been complied with:
NR 746.08(4)(a)
(a) A site investigation that complies with the requirements of
ch. NR 716 has been conducted.
NR 746.08(4)(d)1.
1. There is a minimum of 4 rounds of sampling data that are free of seasonal variation, and those sample results establish, through the use of the Mann-Kendall statistical test that is set forth in Appendix A, that the concentrations of contaminants with confirmed exceedances of enforcement standards are decreasing at the downgradient perimeter and along the centerline of the contaminant plume.
NR 746.08(4)(d)2.
2. For sampling data not free of seasonal variation, an appropriate number and frequency of sampling rounds has been conducted consistent with the requirements of Appendix A, and the sample results establish, through the use of the Mann-Whitney U statistical test that is set forth in Appendix A, that the concentrations of contaminants with confirmed exceedances of enforcement standards are decreasing at the downgradient perimeter and along the centerline of the contaminant plume.
NR 746.08 Note
Note: Deed restrictions and deed notices may be required as a condition of site closure under s.
NR 726.05 (8) (b) or
(c). Under some circumstances, deed restrictions are mandatory under s.
NR 726.05 (8) (b). For example, a deed restriction is required if the responsible person is relying on an industrial land use classification in order to satisfy the requirements of ch.
NR 720.
NR 746.08(5)
(5) Closure under ch. nr 726. If the agency with administrative authority for a site determines that the site does not comply with the requirements of this section or
s. NR 746.07, closure may still be granted on a case-by-case basis in compliance with the requirements of
ch. NR 726.
NR 746.08(6)
(6) Additional remedial action. If closure is not granted, the responsible person shall conduct additional remedial action in compliance with
chs. NR 140 and
700 to
726.
NR 746.08 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01; correction in (intro.) made under s.
13.92 (4) (b) 6., Stats.,
Register January 2012 No. 673.
NR 746.09
NR 746.09
Remediation and remediation funding for conditionally closed sites. NR 746.09(1)
(1) Additional remedial action, other than natural attenuation, may not be required at sites that are eligible for closure under
s. NR 746.07 or
746.08, unless the agency with administrative authority for the site determines that an actual or potential risk to public health, safety or welfare or the environment exists.
NR 746.09(2)
(2) Funding under s.
101.143, Stats., shall be terminated by the department of safety and professional services for sites that are eligible for closure under
s. NR 746.07 or
746.08, even if a groundwater use restriction, deed restriction or deed notice is not signed and recorded for one or more properties, and the site shall be ineligible for additional reimbursement except for post-closure costs that are otherwise eligible for reimbursement under
ch. SPS 347.
NR 746.09(3)
(3) Sites requiring no action under this chapter other than the signing and recording of a groundwater use restriction, deed restriction or deed notice shall be classified for tracking purposes as "conditionally closed," which means that a closure application has been submitted and the site will be closed when the conditions are satisfied.
NR 746.09 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01; correction in (2) made under s.
13.92 (4) (b) 7., Stats.,
Register January 2012 No. 673.
NR 746.10
NR 746.10
Tracking of remediation progress. By no later than January 1, 2001, and annually thereafter, responsible persons shall submit an annual report to the agency with administrative authority for the site, as required by s.
101.143 (2) (i) 2., Stats., with a summary of all monitoring data that have been collected, the status of remediation that has been conducted to date and an estimate of the additional costs that must be incurred to achieve site closure.
NR 746.10 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01.
NR 746.11
NR 746.11
Classification and transfer of sites. NR 746.11(1)(a)(a) The responsible person shall make a preliminary determination as to the classification of a site as high-risk, or medium or low risk based on the definitions in s.
101.144 (1) (aq), Stats., and
s. NR 746.03 (6),
(8) and
(9), and the data that have been collected during the site investigation.
NR 746.11(1)(b)
(b) Until a classification determination is made by the agency that receives a submittal under
sub. (2) or
(3), DNR has administrative authority for the site.
NR 746.11(2)
(2) Submittal of site investigation reports to the appropriate agency. Site investigation reports submitted after May 18, 2000 shall include a statement as to whether a site is believed to be high-risk, or medium or low risk and shall be submitted directly to the agency with administrative authority for the site under
s. NR 746.04 (1). If a site falls under the authority of the department of safety and professional services, the responsible person shall provide DNR with a copy of the letter that transmits the site investigation report to the department of safety and professional services. The DNR shall transfer the site file to the department of safety and professional services within 14 days after receipt of a copy of the transmittal letter that indicates that the site falls under the authority of the department of safety and professional services.
NR 746.11(3)
(3) Submittal of closure reports to the appropriate agency. If the submittal of a site investigation report is not required or the site investigation report was submitted without a determination of whether the site is believed to be high-risk, or medium or low risk, the closure report shall be submitted directly to the agency that is believed to have administrative authority for the site under
s. NR 746.04 (1). If a site falls under the authority of the department of safety and professional services, the responsible person shall provide DNR with a copy of the letter that transmits the closure report to the department of safety and professional services. The DNR shall transfer the site file to the department of safety and professional services within 14 days after receipt of a copy of the transmittal letter that indicates that the site falls under the authority of the department of safety and professional services.
NR 746.11(4)
(4) Changes in classification. If a site has been classified as high-risk, or medium or low risk, and the agency receiving the site investigation report or closure report determines that the classification is incorrect and the site, as reclassified, falls under the other agency's administrative authority, the agency making the determination shall transfer the site file and all related data to the other agency within 14 days after making the determination that the site was incorrectly classified. The agency making the determination shall provide written notice to inform the responsible person that the site has been reclassified, which can be done by sending to the responsible person a copy of the reclassification letter that is addressed to the other agency. The written notice shall state the reasons for the reclassification.
NR 746.11 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01; correction in (2), (3) made under s.
13.92 (4) (b) 6., Stats.,
Register January 2012 No. 673.
NR 746.12
NR 746.12
Interagency staff training. In order to ensure that employees understand the requirements of this chapter and the NR 700 rule series, and to ensure that the agencies will issue approvals when the requirements of this chapter and the NR 700 rule series are satisfied, the department of safety and professional services and DNR shall:
