Wis. Admin. Code NR § 725.07

Current through May 28, 2024
Section NR 725.07 - General notification requirements
(1) NOTIFICATION FORM. The responsible party, or other party required to provide notification by the department, shall provide the notification of contamination and continuing obligations on a form provided by the department, that contains the standard provisions in the form. All notifications shall also include the provisions about the applicable continuing obligations on the affected properties or rights-of-way. The closure-related paragraphs shall be altered to fit the situation, as applicable.

Note: The notification form, "Notification of Continuing Obligations and Residual Contamination," 4400-286, may be found at http://dnr.wi.gov/topic/Brownfields/Pubs.html.

Note: For local governmental units or economic development corporations that are directed to take an action, or for sites receiving a remedial action plan approval, the language regarding closure needs to be changed to reflect the applicable situation.

(2)NOTIFICATION METHOD. Unless otherwise directed by the department, notifications shall be sent via certified mail, return receipt requested, or priority mail with signature confirmation. If the notifications are sent via priority mail with signature confirmation, the responsible party may use the signature waiver option if the responsible party has reason to believe that the owner of the property or other applicable party may refuse to sign for the notification.

Note: The department will not conduct a closure review until at least 30 days after the date on which the notification was received, in accordance with s. NR 726.13. Parties receiving the notification may notify the department within the 30 days to request additional time to finalize an agreement on continuing obligations, if needed.

(3)NOTIFICATION OF THE DEPARTMENT OF TRANSPORTATION. Notifications for department of transportation rights-of-way shall be sent either electronically, or via certified mail, return receipt requested, or standard mail with use of a complete mailing address.

Note: Send notifications for DOT rights-of-way electronically to: DOTHazmatUnit@dot.wi.gov, or by mail to: Wis. DOT Bureau of Equity and Environmental Services, 4802 Sheboygan Ave. Room 451, PO Box 7965, Madison, WI 53707-7965. Include "Notification of Contamination" in the subject line of the e-mail. The Department of Transportation (DOT) sends a receipt electronically (e-mail).

(4)FACTSHEETS.
(a)Groundwater. A department fact sheet that describes the use of natural attenuation as a final remedy, shall be enclosed with all notifications that are sent to parties listed under s. NR 725.05(1) with ch. NR 140 groundwater standard exceedances, where natural attenuation is to be used as a final remedy.
(b)Liability and responsibilities of property owners. A department fact sheet that describes the responsibilities and limits of liability of a property owner under ss. 292.12 and 292.13, Stats., shall be enclosed with all notifications that are sent to owners of properties, sites or facilities meeting one or more of the conditions of s. NR 725.05(2), except for any property owned by the responsible party.

Wis. Admin. Code Department of Natural Resources § NR 725.07

CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13.

Copies of department fact sheets may be obtained by accessing the following web site: http://dnr.wi.gov/topic/Brownfields/Pubs.html or from any regional office of the department, or by writing to the Department of Natural Resources, Bureau for Remediation and Redevelopment, P. O. Box 7921, Madison, Wisconsin 53707. The referenced fact sheets are RR 671 - "What Landowners Should Know: Information About Using Natural Attenuation To Clean Up Contaminated Groundwater", RR 589 - "When Contamination Crosses a Property Line - Rights and Responsibilities of Property Owners", and RR 892 - "Vapor Intrusion; what to expect if vapor intrusion from soil and groundwater contamination exists on my property."