Section NR 726.05 - General requirements for case closure(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.Wis. Admin. Code Department of Natural Resources NR 726.05
CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13; corrections in (6) (a) 1., 2. made under s. 13.92(4) (b) 7, Stats., Register October 2013 No. 694.