APPLICATION SUBMITTAL. An applicant shall
submit to the department a completed application form for each property,
requesting department oversight in reviewing and approving the proposed
response actions. The applicant shall submit with each application a
non-refundable fee of $250.00, to cover the department's cost of reviewing and
processing the application. The department may not review the application until
the specified fee is submitted to the department. In addition to the
application form, the applicant shall include any attachments required by the
department, including a copy of the property deed and a map which clearly shows
the boundaries of the property.
Note: The application form (Form 4400-178) is
available by writing to the Bureau for Remediation and Redevelopment, P.O. Box
7921, Madison, WI 53707-7921. The application form is also available at
APPLICATION REVIEW AND
The department shall review each completed
application to determine if all of the following criteria are satisfied:
The applicant is a "voluntary party" under
Note: 1995 Wis. Act 227 removed "purchaser".
1995 Wis. Act 227 created s.
(f), Stats., which provides the definition
for "voluntary party" which means "a person who submits an application to
obtain an exemption under this section and pays any fees required under sub.
(5)", of that section.
The property is eligible to receive a liability exemption under s.
Note: 1995 Wis. Act 227 removed s. 144.765(2)
(a), Stats. 1995 Wis. Act 227 created s.
(a) 1, Stats., which requires that "an
environmental investigation of the property is conducted that is approved by
area of land for which the application was submitted meets the definition of a
property in s.
The department may request from the applicant additional information needed to
determine whether the criteria in par. (a) are met.
The department shall mail written notice to the applicant
stating whether or not the department believes that the applicant and the
property are eligible under s.
Stats. If the department finds that the applicant and property meet the
criteria in par. (a) and the applicant chooses to proceed in the program, the
applicant shall, at a minimum, submit to the department the appropriate fee in
, a Phase I environmental assessment, and a
scope of work necessary to conduct an adequate Phase II environmental
assessment. If the department finds that the applicant or the property does not
meet the criteria in par. (a), the applicant will not receive department
oversight under s.
Stats. The applicant may submit additional information to the department to try
to establish that the applicant or the property does meet the criteria in par.
(a), and may proceed to conduct a response action, while the department makes
that determination, if the response action is conducted in compliance with the
requirements of chs.
APPLICANT. If at any time after an application is submitted to the department,
the applicant decides not to pursue the liability exemption provided for in s.
Stats., the applicant shall promptly notify the department of that decision in
writing, so as not to incur any additional obligation to pay department
APPLICANTS. Any time after an application is submitted to the department, if an
applicant fails to make reasonable progress towards completion of the site
investigation and remediation of the property, the department may withdraw the
voluntary party from the process to obtain the liability exemption. If the
voluntary party fails to provide requested reports or updates on the status of
the investigation and remedial action to the department for 1 year or longer,
the department may request for a written progress update from the applicant. If
the progress update is not received within 60 days or does not show reasonable
progress is being made, the department may withdraw the applicant from the
process to obtain the liability exemption. The department shall provide a
written determination to the applicant confirming withdrawal from the program.
The department shall return any unused deposit, unless otherwise directed by
the voluntary party. To re-enter the process, the voluntary party would need to
pay the appropriate fees, and make a request to and to enter into an agreement
with the department, in accordance with s.
(5)PROPERTY BOUNDARY CHANGES. Any time after
an application is submitted, if the boundaries of the property change the
applicant shall notify the department in writing. The notification shall occur
no later than 60 days prior to the request for a certificate of completion on
the property. The voluntary party or parties shall submit a revised application
to clearly demonstrate the boundaries and legal descriptions of the properties
for which the applicant is seeking the liability exemption.
Wis. Admin. Code Department of Natural Resources § NR 750.05
Cr. Register, February,
1996, No. 482, eff. 3-1-96; corrections in (2) (a) 1. and 2. were made under s.
13.93(2m) (b) 7, Stats., Register September 2007 No. 621; CR 12-023: am. (1),
(2) (a) 1., 2., cr. (2) (a) 3., am. (2) (c), cr. (4), (5) Register October 2013
No. 694, eff. 11-1-13.