Cleanup Tools

RR Program Case Closure Form Certification Page Updated

The Remediation and Redevelopment (RR) Program has updated its Case Closure Form 4400-202 to reflect the requirements of Personnel Qualifications for Conducting Environmental Response Actions, as described in Wis. Admin. Code ch. NR 712.

Updates to the form regarding NR 712 only effect the final page (page 11), where you will notice a disclaimer: “This page has been updated as of February 2019 to comply with the requirements of Wis. Admin. Code ch. NR 712.” No other changes have been made to the form and the updated version remains dated August, 2016 (R 8/16).

Continue reading “RR Program Case Closure Form Certification Page Updated”

Reminder: Submitting Complete PECFA Claims in 2019

The Remediation and Redevelopment Program reminds claimants and agents that all PECFA claims should be complete and accurate when submitted for reimbursement.

This includes proof of payment for all invoices, properly detailed and itemized receipts, claims for eligible costs only, documentation of work performed (e.g. field notes, photographs, weigh tickets, phone logs, etc.), and proof of deductible, if applicable. All claims must also include 2019 tax documents.

Please remember to use current forms, guidance and invoices by visiting the DNR’s PECFA website.

Incomplete claims may result in delay in payment or be returned to the claimant or agent for revision and resubmittal.

PECFA Usual & Customary Schedule #25 Now Available Online

The Usual & Customary (U&C) Cost Standardized Invoice #25 and Task Reference Guide #25 are now available for January 2019 through June 2019.

Both documents are available on the Remediation and Redevelopment Program’s PECFA webpage on the reimbursement tab.

Please note the following updates:

  • A 10 percent increase in the mobilization/demobilization rates compared to the previous schedule, and
  • All standard labor rates have increased by three percent over the U&C #24 rates, and
  • The following sub-tasks based wholly or partially on labor rates were increased:
    • WAB32 increased to $81.58 to reflect the new field professional rate, and
    • VIS05 increased to $510.26 to reflect the new staff professional rate.

For additional information, please review the Task Reference Guide #25.

DNR Interim Decision on Voluntary Party Liability Exemption (VPLE) Program and Emerging Contaminants

Wisconsin’s Voluntary Party Liability Exemption (VPLE) program allows a person to clean up a property and receive an exemption from future liability for historic contamination. Once cleanup is complete, the VPLE Certificate of Completion (COC) provides liability protection for the owner of the property. It is also transferrable to future owners. Since 1995, the DNR has issued 186 COCs. Eighty-three voluntary parties are currently pursuing a VPLE COC.

Recent concerns over emerging contaminants, particularly per- and polyfluoroalkyl substances (“PFAS”) chemicals in Wisconsin and nationally have prompted the DNR to evaluate the potential for historical discharges of PFAS and other emerging contaminants at properties enrolled in the VPLE program that are pursuing a COC.

Continue reading “DNR Interim Decision on Voluntary Party Liability Exemption (VPLE) Program and Emerging Contaminants”

Kansas State TAB Program Offers EPA Grant Review

With the competitive nature of securing an EPA Multipurpose, Assessment, or Cleanup (MAC) grant, it doesn’t hurt to have an objective review of your grant application. (See Nov. 30 RR Report article regarding EPA MAC Grants)

The Technical Assistance for Brownfields (TAB) program at Kansas State University provides such a review of your MAC grant proposals. The review is available for applicants in EPA Regions 5 through 8.

Staff at “K State” request at least a week’s notice that you will be sending a draft of the MAC application for review. The review is free of charge and can usually be turned around within a few days.

Continue reading “Kansas State TAB Program Offers EPA Grant Review”

Exempt Soil Guidance Available

Exempt Soil Management: A Self-Implementing Option for Soil Excavated During a Response Action under Wis. Admin. Code chs. NR 700 through NR 750 (RR 103) is now available.

This guidance provides an optional approach for responsible parties and their environmental consultants to use when soil is characterized and excavated as part of a response action (i.e., cleanup action), and the soil does not need to be managed at a licensed solid waste facility or through a site-specific exemption in Wis. Admin. Code chs. NR 718 or the NR 500 rule series. The document provides responsible parties clarity on what types of substances – if identified in soil – could generally be managed as “exempt soil” in accordance with state law without the department’s pre-approval or tracking.

Continue reading “Exempt Soil Guidance Available”

Updating the Environmental Services Contractor List

One of the Remediation and Redevelopment Program’s many publications is the Environmental Services Contractors List, (DNR publication RR-024).

This is a self-identifying list of environmental consultants that the Program maintains and makes available on its “resources for private parties” web page. Also, staff provide this document to people if they ask for a consultant recommendation.

To have your consulting firm added to the document, or to update information that’s already there, please contact Deena Kinney. In your email, provide the following:

  • Name of firm
  • Address
  • City, state, zip code
  • Phone number
  • Fax number (if applicable)

Staff cull the list if they are aware of firm closings, consolidations, or other significant changes. If your contact information requires updating, please let us know.

RR Program Phasing Out the Term “GIS Registry”

The words “GIS Registry” were removed from such popular Remediation and Redevelopment (RR) Program resources as RR Sites Map, BRRTS on the Web (BOTW), and the Case Closure Form (please note that the content and requirements of the Case Closure form did not change).

This is a deliberate and ongoing effort by the RR Program to update the outdated term “GIS Registry.” Instead, you may see or hear staff refer to the “Continuing Obligations Packet” (formerly the GIS Registry Packet), “database fees” instead of GIS fees, or “the database,” when discussing where to find information about sites with continuing obligations.

Regardless of how it’s stated, all sites with residual contamination and/or continuing obligations are required to be listed on the Wisconsin Remediation and Redevelopment Database (WRRD), comprised of BOTW and RR Sites Map.

In the coming months, RR Program staff will continue to remove “GIS Registry” from our forms and documents. Most of the RR Program web pages are already updated. If you have any questions please contact Jenna Soyer, the Fiscal and Information Technology section chief, at 608-267-2465 or Jenna.Soyer@wisconsin.gov.

Updated Case Closure Reconsideration Guidance Now Available

The RR Program recently updated the fact sheet Wis. Admin. Code ch. NR 726 Case Closure Reconsideration Process (RR-102). The DNR’s responses to comments received during the public comment period for the draft are available on the DNR website until August 20, 2018.

The purpose of this document is to provide responsible parties (RPs) with guidance on the opportunities available to engage the department to receive feedback on the adequacy of the Wis. Admin. Code chs. NR 700-754 response actions undertaken and submitted by the RP to document case closure. This guidance presents the process and feedback opportunities available if case closure is not recommended by the department. This general process is referred to as the case closure reconsideration process.

More information about case closure is available on the DNR’s web page, Resources for Environmental Professionals.

Environmental Liability Exemptions for Local Governments – Related to Redevelopment

Counties, cities, villages and towns, along with RDAs, CDAs, other local governmental units, can fairly easily obtain environmental liability exemptions, civil immunity, and cost recovery authority in Wisconsin when taking title to unproductive/abandoned industrial and commercial properties.

These protections are explicitly authorized by multiple sections in Wis. Statutes Ch. 292, and are designed to enable local governments to take action to stimulate redevelopment activities at contaminated or potentially contaminated properties when the private market is not providing enough capital and economic activity to achieve the desired level of community improvement on its own.

Remediation and Redevelopment Program staff are available to help local government officials understand and use these robust statutory tools, as well as identify financial assistance opportunities for environmental investigation and cleanup work. The DNR’s Green Team meetings are a good way to get started on your first, or next, redevelopment project.

The DNR publication Local Government Environmental Liability Exemptions in Wisconsin (RR-055) provides an overview of several local government environmental liability exemptions, and lists types of documentation that the DNR typically requests to confirm that the exemption is in effect.