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:
NR 746.12(1)
(1) Identify interagency staff training needs at least once each year. Each agency shall list interagency staff training needs that have been identified in order of priority and shall provide that list to the other agency by May 1 of each year.
NR 746.12(2)
(2) Agree by July 1 of each year on the staff training that is to be jointly conducted before July 1 of the following year. This agreement is to include the subject of the training, the approximate date on which it will be conducted, the preferred training provider, and the estimated cost of training.
NR 746.12(3)
(3) Develop procedures to receive recommendations on interagency staff training needs from interested parties outside the agencies before finalizing training plans.
NR 746.12 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 746.13
NR 746.13
Dispute resolution. Any disputes between the department of safety and professional services and DNR under this chapter shall be subject to the following dispute resolution process:
NR 746.13(1)
(1) Project managers shall discuss their differences, and the basis for them, in an attempt to resolve the dispute.
NR 746.13(2)
(2) If the dispute is not resolved by the project managers, the decision shall be referred to the project managers' supervisors.
NR 746.13(3)
(3) If the dispute is not resolved by the project managers' supervisors, the decision shall be referred to the appropriate division administrators or deputy administrators.
NR 746.13(4)
(4) If the dispute still remains unresolved at the division administrator level, the department secretaries shall make the final decision.
NR 746.13 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.
