Wis. Admin. Code Department of Natural Resources NR 727.07 - Notification of the agency with administrative authority regarding continuing obligations

For situations where a continuing obligation has been imposed under either s. NR 708.17, 722.15, or 726.13, the property owner shall notify the agency within 45 days prior to taking any of the following actions, to determine whether further action may be necessary to protect human health, safety, or welfare or the environment:

(1)Removal of a building, cover, including a soil cover, barrier, or engineered containment structure or a portion thereof.

(2)Removal of a structural impediment, including any structural impediment that prevented completion of the investigation or remediation.

(3)Change from industrial to non-industrial land use, including where soil standards applied at closure were based on industrial land use exposure assumptions.

(4)Change in use of a vapor mitigation system, including a passive or active vapor mitigation system.

(5)Change in use from non-residential setting to residential setting, including where vapor risk screening levels were based on non-residential setting exposure assumptions at closure.

Note: This may include sites or facilities where exposures applicable to non-residential settings, (i.e., commercial or industrial uses, or continued use of the compound of concern), changes to a residential setting (i.e. single or multiple family dwellings, or educational, child care and senior care facilities).

(6)Construction of a building over residual soil or groundwater contamination by volatile compounds, including where a building did not exist at closure, but where construction of a building without adequate vapor control may result in a completed exposure pathway.

(7)Site-specific conditions, including any other situation where the agency required notification, on a case-by-case basis, including changes in use or occupancy of a property.

Notes

Wis. Admin. Code Department of Natural Resources NR 727.07

CR 12-023: cr. Register October 2013 No. 694, eff. 11-1-13.