Wis. Admin. Code Department of Natural Resources § NR 750.05 - Application

Current through March 28, 2022

(1) 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 http://dnr.wi.gov/files/PDF/forms/4400/4400-178.pdf.

(a) Department review. The department shall review each completed application to determine if all of the following criteria are satisfied:
1. The applicant is a "voluntary party" under s. 292.15, Stats.

Note: 1995 Wis. Act 227 removed "purchaser". 1995 Wis. Act 227 created s. 292.15(1) (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.

2. The property is eligible to receive a liability exemption under s. 292.15, Stats.

Note: 1995 Wis. Act 227 removed s. 144.765(2) (a), Stats. 1995 Wis. Act 227 created s. 292.15(2) (a) 1, Stats., which requires that "an environmental investigation of the property is conducted that is approved by the department."

3. The area of land for which the application was submitted meets the definition of a property in s. NR 700.03(45e).
(b) Additional information. The department may request from the applicant additional information needed to determine whether the criteria in par. (a) are met.
(c) Notification to applicant. 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. 292.15, 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 s. NR 750.07, 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. 292.15, 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. NR 700 to 754 and ss. 292.11 and 292.15, Stats.
(3)NOTICE FROM 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. 292.15, Stats., the applicant shall promptly notify the department of that decision in writing, so as not to incur any additional obligation to pay department oversight fees.
(4)INACTIVE 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. 292.11(7) (d), Stats.
(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.

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