Section NR 727.09 - Updating the department database or continuing obligationsIn order to evaluate any of the following situations, the agency may require that the person requesting a change submit information, as necessary:
(1)COMPLIANCE WITH CONTINUING OBLIGATIONS. The agency may require additional response actions be taken at sites or facilities closed with deed restrictions or where continuing obligations have been imposed under either s. NR 708.17, 722.15, or 726.13, in cases where compliance with the restriction, condition, or continuing obligation has not been maintained. Note: The department conducts audits of cases where continuing obligations have been imposed. In some cases, these audits identify a lack of compliance with the continuing obligation imposed, and measures are required to return the site to compliance.
(2)UPDATING A GROUNDWATER USE RESTRICTION. For cases that have been closed conditioned upon the recording of a groundwater use restriction, the responsible party or property owner may, at any time after groundwater contaminant concentrations fall below ch. NR 140 preventive action limits, apply for unconditional case closure and may request that the agency issue an affidavit that can be recorded at the county register of deeds office to give notice that the previously recorded groundwater use restriction is no longer required. The responsible party may also apply for a preventive action limit exemption under s. NR 140.28 if concentrations fall below ch. NR 140 enforcement standards and the appropriate criteria under s. NR 140.28 are met. Once an exemption is granted under s. NR 140.28, the responsible party may request that the agency issue an affidavit that can be recorded at the county register of deeds office to give notice that an exemption has been granted under s. NR 140.28 and that the previously recorded groundwater use restriction is no longer required. Note: Prior to November, 2001, cases with groundwater enforcement standard exceedances were closed with a deed restriction, called a groundwater use restriction. The groundwater use restriction required department review and approval of a water supply well constructed or reconstructed on an affected property. Since November, 2001, these sites have been closed by adding them to a department database. Chapter NR 812 contains the requirement for department review and approval of any well constructed or reconstructed on a property listed on the GIS Registry (department database). Responsible parties or property owners of sites or facilities or properties subsequently meeting groundwater enforcement standards may request to have the deed restriction updated and the site or property removed from the department database, or that the information on the database be modified.
(3)UPDATING A DEED RESTRICTION. For cases that have been closed with a deed restriction that has since been satisfied, the responsible party or property owner may, at any time after the conditions necessitating a deed restriction have been either eliminated or satisfied and the restriction is no longer needed, request that the agency issue a written determination that can be referenced in an affidavit, confirming this situation. An affidavit can be then recorded at the county register of deeds office to give notice that some or all of the conditions, as applicable, in the previously recorded deed restriction are no longer required. Note: Prior to June 3, 2006, cases meeting certain conditions were closed with a deed restriction in accordance with ch. NR 726. Since that time, the use of deed restrictions for closure have been replaced with conditions in a closure letter under ch. NR 726 or in a remedial action approval under ch. NR 722.
(4)REMOVAL FROM THE DEPARTMENT DATABASE. For cases that have been included on the department database under s. NR 708.17, 722.15, or 726.13, the responsible party, property owner or other party may apply to the agency for removal of the site or facility or property, as applicable, from the department database. A site may not be removed from the database until all applicable standards have been met and all requirements imposed have been satisfied or nullified. A request may be submitted to the agency at any time after any of the following have been achieved: (a) Groundwater contaminant concentrations are below ch. NR 140 enforcement standards.(b) Soil contaminant concentrations are below ch. NR 720 soil standards.(c) Other requirements or continuing obligations imposed have been satisfied or nullified.(5)MODIFICATION OF THE DEPARTMENT DATABASE. For cases that have been included on the department database under s. NR 708.17, 722.15, or 726.13, the responsible party, property owner or other party may request that the department modify information on the department database at any time after any of the following have been achieved: (a) Groundwater contaminant concentrations are below ch. NR 140 enforcement standards.(b) Soil contaminant concentrations are below ch. NR 720 soil standards.(c) Other requirements or continuing obligations imposed have been satisfied or nullified. Note: Cases may be included on the department database for more than one reason. If one or more of the conditions have been satisfied or nullified, but one or more remain, the information on the database can be changed to reflect current conditions.
Note: Fees are required under ch. NR 749 for the removal or modification of information on the department database.
(6)DEED NOTICES. (a) Deed notices that are required for modification or removal of a site or facility or property from the department database, or for another agency decision, shall be drafted in compliance with all of the following requirements:1. The document shall be drafted as an affidavit in the format required by s. 59.43(2m), Stats.2. The property's legal description shall be typed onto the form or a copy of the legal description shall be attached and incorporated by reference.3. The document shall be signed by the property owner or owners, and their signatures shall be notarized.(b) If a deed notice is required under this section, responsible parties shall record the deed notice within 90 days after the agency specifies that a deed notice is required.Wis. Admin. Code Department of Natural Resources NR 727.09
CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13.