Wis. Admin. Code Department of Natural Resources § NR 728.11 - Recording a notice of contamination
(1) GENERAL. Except
for contamination caused by a discharge from a fuel oil tank used solely for
residential purposes, the department may, after following the procedures in
sub. (2), record an affidavit at the office of the register of deeds for the
county in which the property is located which specifies the legal description
of the property, indicates that contamination from a hazardous substance
discharge has been identified on the property which has not been adequately
defined or remediated and gives notice to the public, and any prospective
purchaser, of the existing contamination and the environmental liability
associated with the property.
(2)
PROCEDURE. Where the department has information to demonstrate that the source
of contamination is on the property and the property owner or other responsible
party has failed to take adequate response action, the department may record an
affidavit at the office of the register of deeds for the county in which the
property is located once the following steps have been taken:
(a) The department shall send the property
owner a letter, by certified mail, stating the department 's intention to record
an affidavit at the county register of deeds office giving notice of the
contamination, unless the property owner responds by the deadline in the letter
indicating that the property will be promptly investigated and remediated in
compliance with applicable statutes and rules or provides information which
clearly demonstrates that there is no environmental contamination on the
property.
(b) If the department
receives no response, or an unacceptable response, to the letter sent in par.
(a), the department shall send a second letter to the property owner and to any
mortgagee of record, by certified mail, indicating the department 's decision to
record an affidavit at the county register of deeds office unless the property
owner responds by the deadline in the letter indicating that the property will
be promptly investigated and remediated in compliance with applicable statutes
and rules or appeals the department 's determination. The deadline in this
letter may not be less than 30 days from the date the property owner receives
this letter. A copy of the affidavit to be recorded shall be attached to this
letter.
(c) If an acceptable
response is not received within the time period set forth in the letter sent in
par. (b), the department may, as soon as practicable but in no case less than
15 days after the deadline in the letter sent in par. (b), record the affidavit
at the office of the register of deeds for the county in which the property is
located.
(3) SUBSEQUENT
FILINGS. If the contamination identified in the affidavit is subsequently
remediated or otherwise addressed to the satisfaction of the department , the
department shall record a second affidavit at the office of the register of
deeds for the county in which the property is located to supersede an affidavit
filed under sub. (2) , after giving written notice to the property owner. A
second affidavit shall specify the legal description of the property and
indicate whether or not there is any residual contamination exceeding existing
state standards on the property that is inaccessible or otherwise impracticable
to remediate.
Notes
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