Current through August 26, 2024
(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.
(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.
(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.
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."
(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:
(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.
(b) A
brief description of the type, depth and location of residual
contamination.
(c) A description of
the maintenance actions required for maximizing effectiveness of the engineered
control, feature, or other action for which maintenance is required.
(d) An inspection log, to be maintained on
site, or at a location specified in the maintenance plan or approval
letter.
(e) A contact name,
address, and phone number of the individual or facility who will be conducting
the maintenance.
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.
(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.
(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:
(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.
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.
(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.
(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.
(d) A
list of addresses of all properties affected by residual contamination or a
continuing obligation.
Note: There is a section in the closure request
form on which this information is to be entered.
(e) The parcel identification number for each
property.
(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.
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.
(5)MAPS AND CROSS
SECTIONS. All the following information shall be included in a department
database attachment to the case closure request:
(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).
(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.
(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:
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.
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.
(d) For sites or facilities where groundwater
attains or exceeds any ch. NR 140 enforcement standard at the time that case
closure is requested:
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.
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.
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.
(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.
(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:
(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.
(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:
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.
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.
3. A
completed groundwater monitoring well information form.
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.
(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.
(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.
(a) A site
location map with the surveyed locations identified on the map for those
groundwater monitoring wells that have not yet been abandoned;
(b) The well construction report for each
monitoring well that needs to be abandoned; and
(c) The deed with legal description for each
property on which a monitoring well is located.
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.
