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.
NR 726.09(2)(g) (g) Submit to the department documentation that all other closure conditions have been satisfied, within 120 days after the department provides a conditional closure response.
NR 726.09 Note Note: This requirement is meant to cover well abandonment and any other minor condition identified in a conditional closure letter. It does not apply to the continuing obligations specified in the final closure letter. Ch. NR 141 requires the documentation of well abandonment on a form supplied by the department. The well abandonment form, 3300-005, can be accessed at http://dnr.wi.gov/topic/DrinkingWater/documents/forms/3300005.pdf.
NR 726.09(2)(h) (h) Where attempts to locate monitoring wells for abandonment are unsuccessful, submit documentation of the efforts made, to the department.
NR 726.09(2)(i) (i) Any other information that the department specifically requests.
NR 726.09(3) (3)Notifications. Responsible parties or other persons requesting closure shall submit a copy of all the notifications required under ch. NR 725 or under s. NR 726.13 (1) (c) with written proof of the date on which the letters were received.
NR 726.09 Note Note: These notifications will be in the case file, but will no longer be included as part of the PDF on the department database. A list of addresses of all affected properties and a cover letter detailing the continuing obligations per property will be included as part of the PDF on the department database.
NR 726.09 History History: CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13.
NR 726.11 NR 726.11 Department database documentation requirements.
NR 726.11(1)(1) General requirements. Responsible parties or other persons requesting closure for any site or facility meeting the criteria in s. NR 725.05 (2) or as required under s. NR 726.13 (1) (c), shall submit the applicable information in the case closure request. The information shall be in the order specified in the closure request form.
NR 726.11(1)(a) (a) For sites or facilities meeting the criteria of s. NR 726.07 (1), the information required in subs. (2) to (7) shall be submitted, as applicable.
NR 726.11(1)(b) (b) Information shall be submitted in accordance with s. NR 700.11 (3g), unless otherwise directed by the department. Providing illegible information may result in a submittal being considered incomplete until corrected unless otherwise directed by the department.
NR 726.11 Note Note: Under s. NR 700.11 (3g), “one paper copy and one electronic copy of each plan or report shall be submitted to the department, unless otherwise directed by the department. The electronic copy shall be submitted on optical disk media and may not be submitted as electronic mail attachments unless specifically approved in advance by the department. Electronic copy files shall have a minimum resolution of 300 dots per inch, and may not be locked or password protected. The department may request that the electronic copy of sampling results be submitted in a format that can be managed in software. An electronic copy of certain types of voluminous attachments or appendices may be substituted for the paper copy, if specifically approved in advance by the department. All documents shall be digital format versions rather than scanned versions except documents that are only available as scanned versions. Deeds and legal descriptions may be scanned versions. All information submitted shall be legible."
NR 726.11(2) (2)Maintenance plans. Responsible parties or other persons requesting closure shall submit a copy of a maintenance plan for any condition listed in s. NR 725.05 (2) (d) to (L) or 726.13 (1) (c), as applicable, or as otherwise required by the department. The maintenance plan shall include the following information:
NR 726.11(2)(a) (a) A location map which shows the location and extent of the structure or feature to be maintained, in relation to other structures or features on the site. The map shall also include the extent and type of residual contamination, and include property boundaries.
NR 726.11(2)(b) (b) A brief description of the type, depth and location of residual contamination.
NR 726.11(2)(c) (c) A description of the maintenance actions required for maximizing effectiveness of the engineered control, feature, or other action for which maintenance is required.
NR 726.11(2)(d) (d) An inspection log, to be maintained on site, or at a location specified in the maintenance plan or approval letter.
NR 726.11(2)(e) (e) A contact name, address, and phone number of the individual or facility who will be conducting the maintenance.
NR 726.11 Note Note: The closure approval letter will specify whether the inspection log is to be submitted to the department and the frequency of submittal, or simply maintained on site or at the location identified in the maintenance plan. The inspection log is reviewed by the department during audits conducted of sites with continuing obligations.
NR 726.11(3) (3)Photographs. For sites or facilities with a cover or other performance standard, a structural impediment or a vapor mitigation system, include one or more photographs documenting the condition and extent of the feature at the time of the closure request. Pertinent features shall be visible and discernable. Photographs shall be submitted with a title related to the site name and location, and the date on which it was taken.
NR 726.11(4) (4)Deed and parcel information. Responsible parties or other persons requesting closure shall submit all of the following items, for each property within or partially within the contaminated site boundaries other than public street or highway rights-of-way or railroad rights-of-way:
NR 726.11(4)(a) (a) A copy of the most recent deed which includes the legal description of each property, except that, in situations where a buyer has purchased property under a land contract and has not yet received a deed, a copy of the land contract which includes the legal description shall be submitted.
NR 726.11 Note Note: Copies of deeds, or other documents with legal descriptions, are not required to be submitted for contaminated public street or highway rights–of–way or railroad rights-of–way. Information on residual groundwater or soil contamination that has migrated onto a right–of–way will be found in the documents that are submitted as part of the case closure request for the source property. It is only in the situation where the source of the contamination is in the right-of-way, that a right-of-way will be listed on the department database as a separate property. In those situations, the maps that are required to be submitted, as an attachment to the case closure request for the site, will show where contaminated groundwater or soil samples were collected and will provide points of reference for locating residual contamination in the right–of–way.
NR 726.11(4)(b) (b) A copy of the certified survey map or the relevant portion of the recorded plat map for those properties where the legal description in the most recent deed or land contract refers to a certified survey map or a recorded plat map. In cases where the certified survey map or recorded plat map are not legible or are unavailable, a copy of a parcel map from a county land information office may be substituted. A copy of a parcel map from a county land information office shall be legible, and the parcels identified in the legal description shall be clearly identified and labeled with the applicable parcel identification number.
NR 726.11(4)(c) (c) A statement signed by the responsible party or other person requesting closure affirming that he or she believes that legal descriptions for all of the properties within or partially within the contaminated site's or facility's boundaries where inclusion on a department database is required under s. NR 726.07, at the time that case closure is requested, other than public street or highway rights-of-way or railroad rights-of-way, have been submitted to the agency as part of a department database attachment to the case closure request.
NR 726.11(4)(d) (d) A list of addresses of all properties affected by residual contamination or a continuing obligation.
NR 726.11 Note Note: There is a section in the closure request form on which this information is to be entered.
NR 726.11(4)(e) (e) The parcel identification number for each property.
NR 726.11(4)(f) (f) Geographic position data for each property in compliance with the requirements of s. NR 716.15 (5) (d), unless the agency has directed that the responsible party or other person requesting closure does not need to provide geographic position data for a specific site.
NR 726.11 Note Note: Geographic position data for properties can be found by using the department database that is available on the internet at http://dnr.wi.gov/topic/Brownfields/rrsm.html.
NR 726.11(5) (5)Maps and cross sections. All the following information shall be included in a department database attachment to the case closure request:
NR 726.11(5)(a) (a) A site location map that outlines all properties within the contaminated site boundaries on a United States Geological Survey topographical map or plat map in sufficient detail to permit the parcels to be located easily. This map shall identify the location of all municipal and potable wells within 1200 feet of the site. If there is only one parcel, this map may be combined with the map required in par. (b).
NR 726.11(5)(b) (b) A detailed site map of all contaminated properties within the contaminated site boundaries, showing buildings, roads, property boundaries, contaminant sources, utility lines, monitoring wells, and potable wells. This map shall also show the location of all contaminated public street and highway rights-of-way and railroad rights-of-way in relation to the source property and in relation to the boundaries of contamination exceeding applicable standards.
NR 726.11(5)(c) (c) For sites or facilities where soil contamination exceeds residual contaminant levels as determined under ch. NR 720 at the time that case closure is requested:
NR 726.11(5)(c)1. 1. A map that shows the location where all soil samples were collected and identifies, with a single contour, the horizontal extent of each area of contiguous residual soil contamination that exceeds residual contaminant levels, as determined under ch. NR 720, within the contaminated site boundaries.
NR 726.11(5)(c)2. 2. A geologic cross section showing the vertical extent of residual soil contamination that exceeds residual contaminant levels as determined under ch. NR 720, if one was required as a part of the site investigation report. If there is groundwater contamination on the site that attains or exceeds any ch. NR 140 enforcement standard in addition to residual soil contamination, one geologic cross section may be submitted to show the vertical extent of both soil and groundwater contamination.
NR 726.11(5)(d) (d) For sites or facilities where groundwater attains or exceeds any ch. NR 140 enforcement standard at the time that case closure is requested:
NR 726.11(5)(d)1. 1. A geologic cross section, if one was required under ch. NR 716, that includes the vertical extent of residual contamination in soil and groundwater, the location and extent of the source of the contamination, isoconcentrations for all groundwater contamination attaining or exceeding ch. NR 140 preventive action limits that remains when case closure is requested, water table and piezometric elevations, location and elevation of geologic units, bedrock and confining units, if any.
NR 726.11(5)(d)2. 2. An isoconcentration map of the contaminated properties within the contaminated site boundaries, if such a map was required under ch. NR 716. An isoconcentration map shall show the areal extent of groundwater contamination attaining or exceeding ch. NR 140 preventive action limits and the areal extent of groundwater contamination attaining or exceeding ch. NR 140 enforcement standards, with the groundwater flow direction indicated, using the most recent data, with sample collection dates identified. If an isoconcentration map was not required under ch. NR 716, submit a map showing the horizontal extent of contamination exceeding applicable standards based on the most recent data; or where standards have not been promulgated, the horizontal extent of contamination remaining after the remedial action.
NR 726.11(5)(d)3. 3. A groundwater flow map, representative of groundwater movement at the site. If groundwater flow direction varies by more than 20 degrees over the history of water level measurements at the site, 2 groundwater flow maps showing the maximum variation in groundwater flow direction shall be submitted.
NR 726.11(5)(e) (e) For sites or facilities where samples were collected other than soil or groundwater, include a map showing the sampling locations and results, with type of sample and collection date identified.
NR 726.11(6) (6)Data summary tables. For information submitted for sites or facilities where inclusion on a department database is required under s. NR 726.07, shading and cross–hatching may not be used on data summary tables unless prior approval is obtained from the department. All the following information shall be included in a department database attachment to the case closure request:
NR 726.11(6)(a) (a) Soil. For sites or facilities where soil contamination exceeds residual contaminant levels as determined under ch. NR 720 at the time that case closure is requested include a table of the analytical results showing results for the most recent samples, for all contaminants found in pre–remedial sampling, with sample collection dates identified.
NR 726.11(6)(b) (b) Groundwater. For sites or facilities where groundwater attains or exceeds any ch. NR 140 enforcement standard at the time that case closure is requested, include:
NR 726.11(6)(b)1. 1. A separate table of only the 8 most recent analytical results from all monitoring wells, and any potable wells for which samples have been collected, with sample collection dates identified.
NR 726.11(6)(b)2. 2. A table including, at a minimum, the previous 8 water level elevation measurements from all monitoring wells, with the date measurements were made. If free product is present at the site, it shall be noted in the table.
NR 726.11(6)(b)3. 3. A completed groundwater monitoring well information form.
NR 726.11 Note Note: The Groundwater Monitoring Well Information Form is required in s. NR 716.15. It can be obtained at http://dnr.wi.gov/topic/Groundwater/documents/forms/4400_89.pdf.
NR 726.11(6)(c) (c) Other. For sites or facilities where samples other than soil or groundwater were collected, include a table specifying the sample type, sample number or location, sample results, and collection date.
NR 726.11(7) (7)Documentation for monitoring wells. For sites or facilities where a monitoring well has not been abandoned in accordance with the requirements of ch. NR 141 at the time of case closure, the following information shall be included in a department database attachment to the case closure request.
NR 726.11(7)(a) (a) A site location map with the surveyed locations identified on the map for those groundwater monitoring wells that have not yet been abandoned;
NR 726.11(7)(b) (b) The well construction report for each monitoring well that needs to be abandoned; and
NR 726.11(7)(c) (c) The deed with legal description for each property on which a monitoring well is located.
NR 726.11 Note Note: This would include wells that have not been located for abandonment, wells that the property owner has requested to keep and not abandon at this time, and those wells required by the agency under s. NR 726.05 (7) (a) for continued monitoring after closure. Proper abandonment is required once the wells are no longer used. The well construction report, form 4400-113A can be obtained at http://dnr.wi.gov/topic/Groundwater/documents/forms/4400_113_1_2.pdf.
NR 726.11 History History: CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13.
NR 726.13 NR 726.13 Authority and approvals for case closure.
NR 726.13(1)(1) Closure approval.
NR 726.13(1)(a)(a) The agency may grant case closure under this section, if all the following conditions are met:
NR 726.13(1)(a)1. 1. The fees required by ch. NR 749 have been paid to the department.
NR 726.13(1)(a)2. 2. It has been documented, in the case closure request that is submitted to the agency in compliance with the requirements of s. NR 726.09, that all applicable public health and environmental laws, including chs. NR 700 to 754, have been complied with, or where ch. NR 140 enforcement standards are the only standards that are attained or exceeded, that the criteria in s. NR 726.05 (6) are satisfied.
NR 726.13(1)(a)3. 3. A complete case closure request is submitted to the agency in accordance with ch. NR 726.
NR 726.13(1)(b) (b) The agency may not close a case under this chapter if, at any time in the future, the remaining level of contamination is likely to do any of the following:
NR 726.13(1)(b)1. 1. Pose a threat to public health, safety, or welfare or the environment.
NR 726.13(1)(b)2. 2. Cause a violation of a ch. NR 140 groundwater quality enforcement standard at any applicable point of standards application, except where the department has granted an exemption under s. NR 140.28 for a specific hazardous substance or the criteria under s. NR 726.05 (6) are met.
NR 726.13(1)(b)3. 3. Cause a violation of surface water quality standards in chs. NR 102 to 106.
NR 726.13(1)(b)4. 4. Cause a violation of air quality standards contained in chs. NR 400 to 499.
NR 726.13(1)(b)5. 5. Cause a vapor action level in indoor air to be attained or exceeded.
NR 726.13 Note Note: Vapor action level is defined in s. NR 700.03 (66p) as “the concentration of vapors from volatile compounds is at or above the 1-in-100,000 (1x10-5) excess lifetime cancer risk or is at or above a hazard index of 1 for non-carcinogens."
NR 726.13(1)(c) (c) The agency may require any other condition for case closure that is necessary to protect public health, safety, or welfare or the environment. The agency may require a site-specific condition of closure, and notification of any parties affected by that condition, including situations where contamination remains in media other than soil, groundwater, or vapors, or exposure or migration pathways are not otherwise addressed, that make a continuing obligation necessary to adequately protect human health, safety, or welfare or the environment.
NR 726.13(1)(d) (d) The agency may not conduct a final closure review until all the following criteria are met:
NR 726.13(1)(d)1. 1. Documentation has been received that all required notifications under ch. NR 725 have been provided.
NR 726.13(1)(d)2. 2. At least 30 days has elapsed since the date of receipt of the notification required under s. NR 725.05 or 726.13 (1) (c), unless all of the affected property owners waive their right to comment within 30 days on the proposed case closure and copies of the waivers are submitted to the agency.
NR 726.13(1)(e) (e) The agency may extend the 30 day period upon request by any party receiving a notification.
NR 726.13 Note Note: In this chapter, the “agency" refers to the “agency with administrative authority," which is either DNR or DATCP. “Agency" is specified in subsection (1) for actions involving granting closure approval, with or without conditions, and for ensuring comment time periods between notification and closure approval. Subsections (2) and (3) describe DNR responsibilities.
NR 726.13(2) (2)Department review responses.
NR 726.13(2)(a)(a) Within 60 days after receipt of a complete request for case closure under s. NR 726.09, the department shall either determine whether the case qualifies for closure in accordance with par. (b) or acknowledge in writing the request for case closure has been received, and provide an estimated date by which the department intends to determine whether the case can be closed.
NR 726.13(2)(b) (b) Following receipt of a request for case closure under this section, the department shall review the information provided under s. NR 726.09 to determine whether the applicable public health and environmental laws, including chs. NR 700 to 754 where applicable, have been complied with and whether any further threat to public health, safety, or welfare or the environment exists at the site or facility. Based on this review, the department shall approve the case closure, or conclude that additional response actions, such as additional remedial action or long–term monitoring, are needed at the site or facility, or conclude that there is not sufficient information to allow the department to determine whether the applicable public health and environmental laws have been complied with.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.