Current through August 26, 2024
(1) COMPLIANCE. The
responsible party or other person requesting closure shall ensure compliance
with all applicable federal, state, and local public health and environmental
laws, including chs.
NR
140,
141, and
700 to
754, as applicable, prior to
requesting case closure.
(2)NOTIFICATION. Where written notification
is required under ch. NR 725, the notification requirements shall be satisfied
prior to submitting a request for case closure to the agency. When a
site-specific condition of closure is required for a site or facility under s.
NR 726.13(1) (c), notification shall be
in accordance with the requirements of s.
NR 725.07.
(3)FEES.
(a) For sites or facilities where the
department has administrative authority to oversee the remediation of the site,
the case closure fee and, if entry on the department database is required under
s.
NR 726.07, the fee or fees listed in ch. NR 749 for
adding a site to the department database, shall be submitted to the department
with each case closure request.
Note: Under s.
292.12(3) (b), Stats., the department has authority to
charge a fee for placement on a department database.
(b) [For sites or facilities contaminated
with petroleum products discharged from a petroleum storage tank for which the
department of safety and professional services has administrative authority
under s.
101.144, Stats., and]
Sites or facilities for which department of agriculture, trade and consumer
protection has administrative authority under s.
94.73,
Stats., that are required by s.
NR 726.07 to be entered onto the department database, the
fee or fees listed in ch. NR 749 for adding a site to the department database
shall be submitted to the department before a case closure request is submitted
to the appropriate agency. For these sites or facilities, a case closure
request may not be considered complete until proof of payment of the required
fees has been entered onto the department's bureau for remediation and
redevelopment tracking system, which is available on the department's internet
site.
Note: The department's bureau for remediation
and redevelopment tracking system can be found on the internet at
http://dnr.wi.gov/topic/Brownfields/rrsm.html.
Note: The language in brackets no longer
applies as a result of the repeal of s.
101.144, Stats., by
2013 Wis. Act 20. This provision is subject to future rulemaking.
(4)RESPONSE ACTION
GOALS. For sites or facilities considering closure under this chapter, the
closure request shall document that the remaining level of contamination is not
likely to:
(a) Pose a threat to public
health, safety, or welfare or the environment.
(b) Cause a violation of ch. NR 140
groundwater quality enforcement standards 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.
(c) Cause a violation of surface water
quality standards in chs.
NR 102 to
106.
(d) Cause a violation of air quality
standards contained in chs.
NR
400 to
499.
(e) Cause a vapor action level in indoor air
to be attained or exceeded.
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."
(5)COMPLETENESS. A case closure request shall
be complete and meet the documentation requirements of ss.
NR 726.09 and if 726.11 applicable.
Note: Incomplete closure requests may be
denied. The review fee may be applied to review of the site investigation for
grossly incomplete closure requests, on a case-by-case basis. A closure review
fee would be required when a complete closure request is then submitted.
(6)CRITERIA FOR CLOSURE FOR SITES
OR FACILITIES WITH GROUNDWATER CONTAMINATION. For sites or facilities with
groundwater contamination that attains or exceeds ch. NR 140 enforcement
standards at the time that case closure is requested, including sites or
facilities contaminated with petroleum products discharged from a petroleum
storage tank that are eligible for closure under ch. NR 726, the responsible
party or other person requesting closure shall submit a case closure request to
the agency for the site that documents that all of the following criteria are
satisfied, if applicable:
(a) Adequate source
control measures have been taken which include all of the following:
1. Whether regulated or registered under ch.
ATCP 93 or not, all existing underground storage tanks have been removed,
permanently closed or upgraded to prevent new discharges of hazardous
substances to the groundwater that would violate ch. NR 140. The same
requirement applies to all new and replacement underground storage tanks not
regulated under ch. ATCP 93.
Note: The intent of this requirement is to
ensure that source control measures are taken which prevent new or continuing
releases, regardless of whether or not the tank is regulated under ch. ATCP
93.
2. All new and
replacement underground storage tanks regulated under ch. ATCP 93 have been
constructed and are being monitored in accordance with ch. ATCP 93.
3. All other existing tanks, pipes, barrels
or other containers which may discharge a hazardous substance have been
removed, contained or controlled to prevent, to the maximum extent practicable,
new discharges of hazardous substances to the groundwater that would violate
ch. NR 140.
4. Where applicable,
immediate and interim actions have been taken in accordance with ch. NR 708 to
protect public health, safety, or welfare or the environment.
5. Free product has been removed in
accordance with the criteria in s.
NR 708.13.
6.
The concentration and mass of a substance and its breakdown products in
groundwater have been reduced due to naturally occurring physical, chemical and
biological processes as necessary to adequately protect public health and the
environment, and prevent groundwater contamination from migrating beyond the
boundaries of the property or properties which are required to be entered onto
the department database.
(b) Natural attenuation will bring the
groundwater into compliance with ch. NR 140 groundwater quality standards
within a reasonable period of time, considering the criteria in s.
NR 722.07.
(c) The groundwater plume margin is stable or
receding, and after case closure, groundwater contamination attaining or
exceeding ch. NR 140 preventive action limits will not migrate beyond the
boundaries of any property that falls into either one of the following
categories:
1. Properties for which a
preventive action limit exemption has been granted.
2. Properties that have been identified as
having existing groundwater contamination that attains or exceeds ch. NR 140
enforcement standards and that will be included on the department
database.
(d) There is
no existing or anticipated threat to public health, safety, or welfare or the
environment.
(e) Except for ch. NR
140, all applicable public health and environmental laws, including chs.
NR 141 and
700 to
754, have been complied
with.
(7)GENERAL CLOSURE
CRITERIA. The following shall be required for case closure at all sites or
facilities:
(a) All monitoring wells and
boreholes installed during any response action taken for the site or facility
shall be abandoned and documented as abandoned in accordance with s.
NR 141.25, except for specific wells that the agency
approves of retaining until sampling is no longer required.
(b) For sites or facilities where waste or
contaminated media was generated during the response action and was stored or
treated on-site, all the waste or contaminated media shall be handled and
disposed of in accordance with applicable state and federal laws before a case
closure request is submitted or approved.
(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.
(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:
(a) The vapor exposure pathway has been
investigated in accordance with s.
NR 716.11(5)
(g); and
(b) Where vapors were present above the vapor
risk screening level:
1. A remedial action has
been conducted and reduced the mass and concentration of volatile compounds to
the extent practicable; and
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.
2. The
vapor exposure pathway has been interrupted or mitigated.
(9)OTHER. Any other condition for
case closure that is necessary to protect public health, safety, or welfare or
the environment may be required.
