Section NR 727.05 - Continuing obligation responsibilities(1)A party or person who owns or occupies a property where a continuing obligation has been imposed under either s. NR 708.17 or 722.15 or ch. NR 726 shall: (a) Comply with the requirements imposed by the agency, without regard to when the person obtained or occupied the property. This may include any continuing obligation necessary to ensure that conditions at the property, site or facility remain protective of public health, safety, and welfare and the environment.Note: Ch. 292, Stats., allows for legally enforceable agreements (private contracts) between parties to address the continuing obligations imposed by an agency. Since the agency is not a party to these agreements, the property owner remains responsible for compliance with a continuing obligation if an issue arises.
(b) Perform the following actions in compliance with the conditions specified by the agency, as applicable: 1. Operate and maintain the response required.2. Maintain an inspection log, and keep it on the premises or at the location specified in the maintenance plan until the continuing obligation has been satisfied or removed.3. Submit the inspection log electronically, on a form provided by the department, to the agency at the frequency required.4. Conduct long-term monitoring.(c) Allow reasonable access to the agency for inspection of any required continuing obligations.(d) Manage any residual contamination in accordance with applicable state and federal laws. (2)For cases where a continuing obligation is required under either s. NR 708.17 or 722.15, or ch. NR 726, the property owner shall notify anyone purchasing the property of the responsibility to comply with the continuing obligation.(3)For cases where occupants are responsible for maintenance of a continuing obligation under either s. NR 708.17 or 722.15 or ch. NR 726, the property owner shall include the continuing obligation in the lease agreement.(4)In order to maintain the off-site exemption under s. 292.13, Stats., the property owner, or occupant if applicable, shall avoid all of the following: (a) Interference with response actions taken.(b) Actions that may make the contamination worse or that would cause or worsen the discharge of a hazardous substance to the environment.Wis. Admin. Code Department of Natural Resources § NR 727.05
CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13.