Section NR 725.05 - Situations where notification is required(1) PERSONS REQUIRING NOTIFICATION. Written notification shall be provided by the responsible party, or other party required to provide notification by the department, to the following parties if the property meets any of the criteria in sub. (2): (a) The owner of each property within or partially within the contamination site or facility boundaries, other than properties owned by the responsible party. Note: Notification of property owners includes notification of the source property owner when the responsible party conducting the investigation and cleanup does not own the source property.
(b) Occupants of those properties listed in par. (a), as appropriate. Note: Notification of occupants may be done by providing copies of the notification to occupants or to the property owner to distribute, by posting the notification at the property, or by other means, as long as written notification is included.
(c) The clerk of the county, and town, village, or city where a public street or highway right-of-way is located, and to the municipal department or state agency that is responsible for maintaining the public street or highway.(d) The railroad that maintains the railroad right-of-way. Note: In cases where an owner of record cannot be located, responsible parties are encouraged to work with the agency project manager regarding notification.
(e) The owner of each property where a monitoring well was constructed, but where the monitoring well was unable to be located for abandonment, or where continued monitoring will be required. Note: Monitoring wells need to be located before a closure request is prepared, so that all necessary notifications are completed in a timely manner.
Note: In some cases, continued monitoring of a well may be required of another responsible party, in which case responsibility for the abandonment of the well will be a condition for closure for that responsible party.
(2)SITUATIONS REQUIRING NOTIFICATION. Written notification shall be provided in the following situations: (a) Groundwater contamination which attains or exceeds ch. NR 140 enforcement standards remains after completion of the remedial action.(b) Soil contamination which attains or exceeds ch. NR 720 residual contaminant levels remains after completion of the remedial action.(c) A monitoring well will not be abandoned upon completion of the remedial action because of any of the following: 1. The well was unable to be located.2. A property owner requested the responsible party not to abandon the well, to allow for continued monitoring by the property owner and the agency with administrative authority has approved the request.3. Continued monitoring of the well is required by the agency with administrative authority.(d) Where there is residual soil contamination beneath a building or a cover, such as concrete or asphalt pavement, a soil cover, or composite cap, or within an engineered containment structure, that exceeds residual contaminant levels based on protection of groundwater as determined under ch. NR 720, which would pose a threat to groundwater if the building, cover or containment structure were removed.(e) A building, soil cover, cover or engineered containment structure must be maintained in order to prevent direct contact with contaminated soil within 4 feet of the ground surface that exceeds residual contaminant levels as determined under ch. NR 720.(f) A building or other structural impediment at a site or facility has prevented either the completion of an investigation to determine the degree and extent of contamination, or the completion of the remedial action.(g) A property has been classified as industrial under ch. NR 720 and soil contamination on the property has only been remediated to the industrial residual contaminant levels.(h) Sub-slab vapor risk screening levels have been exceeded following source removal and remedial actions taken to address contamination. Note: Notification is provided to the current property owner when that person is not the responsible party conducting the cleanup, and to any other property owners when sub-slab vapor risk screening levels are exceeded, and the operation and maintenance of a vapor mitigation system is necessary in order to limit or prevent vapor intrusion.
(i) Compounds of concern will continue to be used at the site after closure. Note: Notification is provided to the current owner of the source property when that person is not the responsible party conducting the cleanup, because the compound of concern is still in use, complete investigation of the vapor pathway may be impracticable, and cleanup may be limited in effectiveness as well.
(j) Site-specific hydrogeology controls the vapor exposure pathway into a building and a vapor mitigation system designed for the site must be operated and maintained in order to limit or prevent vapor intrusion. Note: Notification is provided to the current property owner when that person is not the responsible party conducting the cleanup, and to any other property owner where a vapor mitigation system is necessary, and a dewatering system is necessary to enable the vapor mitigation system to operate effectively, due to the hydrogeology.
(k) Vapor inhalation exposure assumptions for a non-residential setting will be applied for closure. Note: Notification is provided to the current property owner when that person is not the responsible party conducting the cleanup, and to any other property owner where residential vapor action levels are exceeded, including at commercial or industrial use properties.
(L) Contamination in soil or groundwater from volatile compounds remains after completion of the remedial action, in an area that does not have buildings subject to human occupancy at the time of closure.Wis. Admin. Code Department of Natural Resources § NR 725.05
CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13.Notification is provided to the current property owner when that person is not the responsible party conducting the cleanup, and to any other property owner where vapors may pose a health issue if buildings are to be constructed in the future, or if other land use changes or actions could result in a completed vapor pathway. Chapter NR 726 specifies closure conditions regarding the option of using vapor control technologies to limit or prevent future exposures.
The department may also require notification for site-specific reasons upon review of a closure request, in accordance with s. NR 726.13 or upon review of a remedial action plan in accordance with s. NR 722.15(2) (e). Responsible parties are encouraged to contact the department project manager with questions about tailoring the notification for site-specific circumstances.