Cleanup Tools

New Guidance Documents Now Available on Managing Contaminated Soil and other Wastes

The RR Program recently finalized four new guidance documents regarding the management of contaminated soil and other waste materials excavated at sites or facilities in locations other than a licensed landfill.

This guidance is the culmination of several years of discussion between the RR Program and external stakeholders, including more than 20 individuals who served on the program’s Contaminated Materials Management Advisory Group and other interested parties who also participated in meetings. The group was formed in May 2015 and met more than a dozen times to provide input on issues related to materials management. The RR Program thanks those who participated for sharing their time and perspective.

These new guidance documents include:

  • RR-060, Management of Contaminated Soil and Other Solid Wastes Wis. Admin. Code §§ NR 718.12 and NR 718.15, provides a general overview of the exemptions available under NR 718 for managing excavated material, a description of when these exemptions may apply, and a summary of the application process and requirements.
  • RR-071, NR 718.12 Sample Results Notification, provides a cover page that may be used when submitting laboratory reports to the DNR to satisfy the requirements of NR 718.12(1)(e)(4).
  • RR-072, Recommended Format for Exemption Request Wis. Admin Code NR 718.12 or NR 718.15, provides a consistent format to demonstrate that the proposed management of solid waste material, as a remedial or interim action, qualifies for a NR 718.12 or NR 718.15 exemption and to request written approval of the exemption from the DNR.
  • RR-073, Request for Exemption from Location Criteria of NR 718.12(1)(c) for Managing Soil as an Immediate Action, provides a format to request that the DNR allow management of soil, as an immediate action, in an area that will not comply with the location criteria listed in NR 718.12(1)(c).

Contact Paul Grittner at (608) 266-0941 or paul.grittner@wisconsin.gov regarding questions related to these documents.

February 8, 2017 Issues & Trends: Environmental Issues for Demolition

The RR Program’s February webinar will provide answers to common questions related to the management of demolition related materials, including asbestos, PCB containing material, lead based paints and hazardous building components that commonly contain mercury and other compounds of concern. The presentation will focus on processes and recommendations for successful demolition project coordination.

Ed Lynch, Hazardous Waste Section Chief, will provide an overview of requirements for managing hazardous materials as part of renovation and demolition projects. The DNR’s Asbestos Coordinator Mark Davis and Mark Chamberlain, Air Management Specialist, will provide an overview on Wisconsin Administrative Code NR 447 “Control of Asbestos Emissions.” When facilities are undergoing renovation or demolition and asbestos containing materials could be disturbed, the requirements of the EPAs National Emissions Standards for Hazardous Air Pollutants (NESHAPS) apply. The presentation will discuss the asbestos inspection, notification, and disposal requirements for demolition/renovations projects involving commercial/industrial facilities.

This overview will provide information on permits, DNR approval and reporting requirements, as well as information on contacting the DNR for assistance when questions arise during the completion of demolition work.

Date: February 8, 2017 Time: Noon – 1:00 p.m. Join by phone: 1-855-947-8255, passcode: 6612 745# Questions in advance can be sent to DNRRRComments@wisconsin.gov

The presentation notes for this teleconference will be available soon on the RR Program Training Page. The audio will be available in the training library shortly after the conclusion of the teleconference.

A schedule of future Issues & Trends events is also available in the Training Library, along with recordings of previous presentations.

Prepared Workbook: Process for Risk Evaluation, Property Analysis and Reuse Decisions

The Prepared Workbook for Brownfields and Land Revitalization from the Council of Development Finance Agencies (CDFA) is a risk management framework for evaluating various actions that a local government might take to bring about a desired reuse at contaminated properties that it does not currently own.

The workbook is available now from the CDFA and is a good resource for municipal officials who are looking to clean up and redevelop contaminated property.

 

2017 Informational Papers from Legislative Fiscal Bureau Available Now

Informational papers from the Wisconsin Legislative Fiscal Bureau are now online. The nearly-100 documents updated for 2017 cover a range of topics from general fund taxes to justice to transportation. Included in the revised documents under Environmental Programs are two from Remediation and Redevelopment: Contaminated Lands and Brownfields Cleanup and Petroleum Environmental Cleanup Fund Award (PECFA) Program.

 Printed copies of these and other papers are available in limited quantities from the Fiscal Bureau office at One East Main Street, Suite 301, in Madison. If you’d like five or more copies of a specific, please contact the Bureau at 608-266-3847 to make arrangements for those copies.

 

Free Brownfields Technical Assistance in 2017

Ready to redevelop that brownfield property but not sure how to finance it? Let the Council of Development Finance Agencies (CDFA) financing experts provide free recommendations for your project. Opportunities are now available for on-site technical assistance through CDFA Brownfields Project Response Teams. CDFA staff and advisors will travel to your community to tour the site, meet with stakeholders, and provide financing recommendations. To learn more, take part in the CDFA’s free webinar on Wednesday, Feb. 1 at 1:00 EST.

The Council of Development Finance Agencies is a national association dedicated to the advancement of development finance concerns and interests. CDFA is comprised of the nation’s leading and most knowledgeable members of the development finance community representing public, private and non-profit entities alike. For more information about CDFA, visit www.cdfa.net.

New Hazardous Substance Spills Publication Available

RR Program staff have updated the popular “Reporting Hazardous Substance Spills” (RR-560) publication, available online for posting in your office or sharing with clients and colleagues.

Wis. Stat. § 292.11 (2) and Wis. Admin. § NR 706.5 require individuals and entities that possess or control a hazardous substance, or that cause the discharge of a hazardous substance to the environment to notify DNR immediately about the discharge. RR-560 summarizes reporting requirements, reporting exemptions, and DNR spill coordinator contact information. RR-560 is intended for use in businesses and other places where hazardous substance spills may occur, so that reporting requirements can be quickly determined and followed. It is also useful for local governments, environmental consultants, and individuals involved in commercial/industrial property construction and development.

Reminder: Electronic Copy of Site Progress Reports Required

Responsible parties and their consultants are reminded that reports due to the RR Program under NR 700.11 must contain one paper copy and one electronic copy. The electronic copy helps the RR Program make these documents available in the Bureau for Remediation and Redevelopment Tracking System (BRRTS) and through BRRTS on the Web (BOTW).

If you have questions about this requirement, please contact your project manager or Judy Fassbender, (608) 266-7278.

Updated VPLE Insurance Fees

The Voluntary Party Liability Exemption (VPLE) Insurance fee schedule (RR-661) is now updated and available on the DNR website. The VPLE program allows anyone to conduct an assessment and remedial action of an entire property with DNR oversight to obtain a liability exemption. Insurance is required for VPLE sites where groundwater contamination levels are above enforcement standards and the DNR determines that natural attenuation will restore groundwater quality.

The new insurance fees have gone down slightly and will be in effect until November 1, 2018. The application form, process, and the former use categories (commercial, light industrial, etc.) remain the same.

VPLE insurance is now provided through Ironshore Insurance Services. Any questions about this insurance requirement should be directed to Michael Prager, (608) 261-4927.

2016 VPLE Report Now Available

The DNR Remediation and Redevelopment program has prepared a biannual report on the Voluntary Party Liability Exemption (VPLE) program. The report, required by law, provides the legislature and the Governor information about the performance of the VPLE program. The Program, which has helped many brownfields redevelopment projects across the state, allows for anyone to conduct an environmental investigation and remedial action of an entire property with DNR oversight and receive exemptions from liability. The report is available here: http://dnr.wi.gov/files/PDF/pubs/rr/RR929.pdf

 

Wetland Guidance Now Available

The DNR’s Bureau of Watershed Management recently finalized and published new guidance, titled “Review of Wetlands on Dormant Development Sites,” for use by staff when addressing how to review dormant development sites with wetlands that have not been previously identified.

This guidance is applicable, for example, to sites where development activities began, but then stopped, due to the downturn in the economy that began in approximately 2008. It also applies to jurisdictional wetlands that have been re-established or expanded in areas that had not been previously identified as a wetland. This guidance may have an impact on redevelopment sites and is now available on the DNR website.