Wis. Admin. Code NR § 749.04

Current through May 28, 2024
Section NR 749.04 - Fees
(1)When a person requests the department to review a document listed in Table 1, the person requesting this assistance shall pay to the department the applicable fees. A person may request that department assistance be provided in either written form or in the form of oral comments. Appropriate fees shall accompany all requests for specific department assistance. Department assistance will not be provided unless the applicable fee accompanies the request for assistance. These fees are not proratable or refundable.

Note: If the NR 700 series rules require that a document be submitted to the department, such as in s. NR 716.09(1), but the person does not specifically request a department review of the document, then a review fee is not required.

Note: Additional information and guidance for implementing this rule including how to make a payment when a review is requested can be found at: http://dnr.wi.gov/topic/Brownfields/Fees.html.

(2)If the department determines that a request for assistance does not contain enough information to render an opinion, or that the request is incomplete or inaccurate in some other manner, the department will notify the applicant of the reasons for this decision.

TYPE OF LETTER OR ASSISTANCE

STATUTORY CITATION

FEE

(a)

Agreements.

1.

Tax assignment agreement.

ss. 75.106(2) (f) and 292.55

$700

2.

Tax cancellation agreement.

ss. 75.105(2) (d) and 292.55

$700

3.

Negotiated agreements.a

s. 292.11(7) (d)2

$1400

4.

Enforcement actions.a

s. 292.94(d)

a

5.

Negotiation and cost recovery.a

s. 292.35(13) (a)

a

Note: For Negotiated Agreements, the $1400 fee is for department time associated with reviewing the document. If the Negotiated Agreement identifies other reports or activities that require department review, there would be a separate review fee for each specified.

(b)

Liability clarification letters.

1.

Off-site exemption letters.

s. 292.13(3)

$700

2.

Lease letters - single properties.

s. 292.55

$700

3.

Lease letters - multiple properties.

s. 292.55

$1400

4.

General liability clarification letters.

s. 292.55

$700

5.

Lender assessments.

s. 292.21(1) (c) 1 d.

$700

(c)

Technical assistance.

s. 292.55

1.

ch. NR 708 No further action letter.b

$350

2.

ch. NR 716 No further investigation.

$700

3.

ch. NR 716 Site investigation work plan.

$700

4.

ch. NR 716 Site investigation report.

$1050

5.

ch. NR 720 Soil cleanup standards/reports.

$1050

6.

ch. NR 722 Remedial action options report.

$1050

7.

ch. NR 724 Remedial design report.

$1050

8.

ch. NR 724 Operation and maintenance report.

$425

9.

ch. NR 724 Construction documentation report.

$350

10.

ch. NR 724 Long-term monitoring plans.

$425

11.

ch. NR 726 Case closure action.

$1050

12.

ch. NR 506 Exemption for building on a historic waste site.

$700

13.

Other technical assistance.

$700

(d)

Department database fees.

ss. 292.12 and 292.57

1.

Sites with groundwater contamination that attains or exceeds ch. NR 140 enforcement standards.

$350

2.

Sites with soil contamination that attains or exceeds ch. NR 720 RCLs.

$300

3.

Sites not otherwise addressed above, where the department imposes any other limitation or condition in accordance with s. 292.12(2), Stats.

$350

Note: This may include, but is not limited to sites where a vapor mitigation system is required as a condition of closure.

4.

Cases submitted for closure with monitoring wells not properly abandoned, without residual groundwater contamination.

$350

5.

Modification or removal of a site or property from the database.

$1050

Note: This fee applies each time a request is made for modification or removal of a site from the database.

Note: In accordance with s. 292.12(3) and 292.57, Stats., responsible parties or local governments shall pay the appropriate fees to list, modify or remove sites with residual contamination on the department's database. This database includes sites with residual contamination and where the department has approved case closure under ch. NR 726 or a Certificate of Completion under s. 292.15, Stats., sites where the department requires listing on the database as a condition of approving a remedial action, or sites where the department requires a local government to take action under s. 292.11(9) (e)4, Stats., and listing the site on the database is necessary due to residual contamination. More than one of these fees may apply to a site.

Wis. Admin. Code Department of Natural Resources § NR 749.04

Cr . Register, January , 1999, No. 517 , eff. 2-15-99; CR 01-129 : am. Table 1, Register July 2002 No. 559 , eff. 8-1-02; CR 12-023 : am. Table 1, Register October 2013 No. 694 , eff. 1 1-1-13; correction in Table 1 made under s. 13.92(4) (b) 7, Stats., Register November 2013 No. 695 .