Section NR 726.13 - Authority and approvals for case closure(1) CLOSURE APPROVAL. (a) The agency may grant case closure under this section, if all the following conditions are met: 1. The fees required by ch. NR 749 have been paid to the department.2. It has been documented, in the case closure request that is submitted to the agency in compliance with the requirements of s. NR 726.09, that all applicable public health and environmental laws, including chs. NR 700 to 754, have been complied with, or where ch. NR 140 enforcement standards are the only standards that are attained or exceeded, that the criteria in s. NR 726.05(6) are satisfied.3. A complete case closure request is submitted to the agency in accordance with ch. NR 726.(b) The agency may not close a case under this chapter if, at any time in the future, the remaining level of contamination is likely to do any of the following: 1. Pose a threat to public health, safety, or welfare or the environment.2. Cause a violation of a ch. NR 140 groundwater quality enforcement standard 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.3. Cause a violation of surface water quality standards in chs. NR 102 to 106.4. Cause a violation of air quality standards contained in chs. NR 400 to 499.5. 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."
(c) The agency may require any other condition for case closure that is necessary to protect public health, safety, or welfare or the environment. The agency may require a site-specific condition of closure, and notification of any parties affected by that condition, including situations where contamination remains in media other than soil, groundwater, or vapors, or exposure or migration pathways are not otherwise addressed, that make a continuing obligation necessary to adequately protect human health, safety, or welfare or the environment.(d) The agency may not conduct a final closure review until all the following criteria are met: 1. Documentation has been received that all required notifications under ch. NR 725 have been provided.2. At least 30 days has elapsed since the date of receipt of the notification required under s. NR 725.05 or 726.13(1) (c), unless all of the affected property owners waive their right to comment within 30 days on the proposed case closure and copies of the waivers are submitted to the agency.(e) The agency may extend the 30 day period upon request by any party receiving a notification. Note: In this chapter, the "agency" refers to the "agency with administrative authority," which is either DNR or DATCP. "Agency" is specified in subsection (1) for actions involving granting closure approval, with or without conditions, and for ensuring comment time periods between notification and closure approval. Subsections (2) and (3) describe DNR responsibilities.
(2)DEPARTMENT REVIEW RESPONSES. (a) Within 60 days after receipt of a complete request for case closure under s. NR 726.09, the department shall either determine whether the case qualifies for closure in accordance with par. (b) or acknowledge in writing the request for case closure has been received, and provide an estimated date by which the department intends to determine whether the case can be closed.(b) Following receipt of a request for case closure under this section, the department shall review the information provided under s. NR 726.09 to determine whether the applicable public health and environmental laws, including chs. NR 700 to 754 where applicable, have been complied with and whether any further threat to public health, safety, or welfare or the environment exists at the site or facility. Based on this review, the department shall approve the case closure, or conclude that additional response actions, such as additional remedial action or long-term monitoring, are needed at the site or facility, or conclude that there is not sufficient information to allow the department to determine whether the applicable public health and environmental laws have been complied with.(c) If the department approves the request for case closure, the department shall mail written notice of the closure approval to the responsible parties, other interested persons who have requested closure of the case, and any person who has requested that information under s. NR 714.05(5).(d) If the department determines that the applicable public health and environmental laws have not been complied with, the department shall notify the responsible parties, other interested persons who have requested closure of the case, and any person who has requested that information under s. NR 714.05(5). The notification shall indicate what conditions must be met in order for the case to receive further consideration by the department for closure. Note: In cases where minimal information or changes are needed, this notification is most often provided by phone or email.
(e) If the department determines that there is not sufficient information to allow the department to determine whether the applicable public health and environmental laws have been complied with, the department shall mail written notice to the responsible parties, other interested persons who have requested closure of the case, and any person who has requested that information under s. NR 714.05(5). The notice shall indicate what additional information the department needs in order to determine whether the case can be closed.(f) The department shall also mail written notice of the department's response to a request for case closure to the owners of any property required to receive notification under s. NR 725.05 or 726.13(1) (c), in addition to those parties identified under par. (c), and (d) of this subsection.(g) Closure letters shall be associated with the site or facility record in the department database.Wis. Admin. Code Department of Natural Resources § NR 726.13
CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13; correction in (1) (b) 2. made under s. 13.92(4) (b) 7, Stats., Register November 2013 No. 695.