Updates to Wisconsin Spill Law Help Promote Land Recycling

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Last November, the Governor signed 2017 Act 70, which modified Wis. Stat. ch. 292 (Wisconsin’s “Spill Law”) to help encourage brownfield cleanup and redevelopment. The Act was based on recommendations made by the Brownfields Study Group in its 2015 report, Investing in Wisconsin.

Modifications to the Spill Law include:

  • Clarification that the off-site liability exemption applies if there is vapor intrusion impacting an off-site property (Wis. Stat. § 292.13(1m))
  • Changing the definition of “property” as it is used for Voluntary Party Liability Exemption (VPLE). The new definition is “…an area of real property that is included in an application to obtain an exemption under this section, made up of a legally identifiable parcel or legally identifiable contiguous parcels created in compliance with applicable laws.” (Wis. Stat. § 292.15(1)(c))
  • Specifying the process for changing the footprint for the VPLE “property” after an application has been submitted if the “property” is subdivided, combined with other properties or otherwise changed. (Wis. Stat. § 292.15(2)(at))

The DNR’s Remediation and Redevelopment Program’s role with brownfields redevelopment is not directly affected by many of the other provisions in the Act, such as changes to tax incremental districts (TID) requirements for environmental remediation; expansion of the property-assessed clean energy (PACE) financing option to include brownfield revitalization projects; expanded options to address tax delinquent brownfields and other provisions.

Program staff will make necessary changes to VPLE documents and webpages and work with the program’s Land Recycling Team to identify other actions needed to implement the changes.

More information on the bill, including descriptions of the provisions in the Act, can be found in Senate Bill 173.

“All Aboard!” Spooner’s Historic Roundhouse Revival

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Spooner Roundhouse

Contaminated soils from around the Roundhouse were excavated and hauled off site to the old Spooner Landfill. The Roundhouse area was then capped and seeded. This area will be used for a public space. Spooner will be renovating the Roundhouse as a public space.

The city of Spooner, located in northwestern Wisconsin, pop. 2,700, has a rich railroad heritage. The city’s origin and colorful history is rooted in the railroad expansion of the late 19th and early 20th centuries.

Spooner was an important railroad center of the Chicago and North Western Railway for many years. A historic railway roundhouse, a surviving turntable, and other aspects of the original rail yard still exist. The Spooner roundhouse is one of the few remaining structures of its kind.

Several local and state organizations have collaborated for years on efforts to clean up environmental contamination and preserve this unique and historic landmark property. The land is in the “Museum District” which also includes the Railroad Memories Museum and the Wisconsin Canoe Heritage Museum. The Roundhouse property includes one of the only working turntables in the state. The Wisconsin Great Northern Railroad operates active tracks on the site.

Remediated dirt

The regulatory issues involved in this project were handled through a collaboration of the Wisconsin DNR’s R&R and Waste and Materials Management programs. The excavated soils were placed at the old Spooner Landfill and used as part of a recapping project. The contaminated soils remaining at the site were capped and seeded.

Many years of railroad activities and subsequent manufacturing uses led to concerns about possible environmental contamination on the property. Section 128(a) funding from the EPA contributed to several successful Green Team project meetings with the Wisconsin DNR, the city of Spooner, and other stakeholders. Section 128(a) funds also supported the Wisconsin DNR’s efforts to counsel the city on managing environmental liability and other communications with the city. Spooner further received Phase I ESA contractor services through the Wisconsin DNR’s Wisconsin Assessments Money (WAM) program, funded by the EPA ARC Assessment grants, prior to its acquisition of the roundhouse property.

Contaminated soils from around the roundhouse were excavated and disposed of at the old city landfill, as part of a recapping project. The roundhouse property was then capped and seeded. The property will be open to the public, and the city of Spooner is also renovating the roundhouse as a public space.

Roundhouse turntable

The Roundhouse property includes one of the only working turntables in the state.

The success of this northern Wisconsin cleanup site is highlighted in the recent year-end Report, a summary of the outcomes funded by a Section 128(a) grant from the US EPA made to the Wisconsin DNR’s Brownfields program. Previous 128(a) reports, including mid-year and year-end summaries going back to 2012, can be found on the DNR’s RR Program web page.

 

PFAS Fact Sheets from ITRC

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Per- and polyfluoroalkyl substances (PFAS) are a class of emerging contaminants known to impact groundwater and surface water. The information surrounding toxicity, laboratory methods, investigations, and remediation strategies is evolving, and the Interstate Technology and Regulatory Council (ITRC) recently published three technical factsheets summarizing current information on PFAS.  The fact sheets are available online.

These fact sheets specifically relate to:
1. History and Use
2. Regulations, Guidance, and Advisories
3. Naming Conventions and Physical and Chemical Properties

Later this month, ITRC plans to finalize three additional guidance documents on Fate and Transport, Site Characterization, and Remediation, which will be made available on the ITRC website.

Snapshot: November PECFA Financials

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The Remediation and Redevelopment Program provides a monthly update on the status of claims and the overall budget of the Petroleum Environmental Cleanup Fund Award (PECFA) award program.

Below are the updated PECFA claim numbers for November 2017, including the number of claims received, claims paid, and the total dollar amount of claims paid in the current fiscal year.

  Number Value
Claims Received 93 $364,769
Claims Paid 140 $544,365
Claims in audit line (as of November 30) 76 $333,066
Total Paid FY18   $2,805,396

 

RR Seeks Applicants for Contracts and Financial Coordinator Position

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The Wisconsin DNR seeks to fill a position with the Remediation and Redevelopment (RR) Program in the downtown Madison office.

The deadline to apply is December 13, 2017. 

Contracts and Financial Coordinator – This professional position has primary responsibility for managing all RR program Environmental Repair Fund contracts (including emergency response) which involves bidding, invoice processing, budget development, requisitions, work planning, and tracking. This position is responsible for payment of claims for the Petroleum Environmental Cleanup Fund Award (PECFA) program, and management and payment of professional services and construction contracts paid for with federal EPA and Dept. of Defense grants. This position serves as the Program’s primary financial specialist, working closely with the Fiscal and Information Technology (FIT) Section Chief and Grant and Budget Manager to ensure efficiency and effective use of state and federal funds.

Please see the job announcement for additional information.

 

Public Input Opportunity: PECFA Usual & Customary Standardized Invoice

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The Remediation and Redevelopment (RR) Program seeks your input on the Usual & Customary (U&C) Task Reference Guide #23 (RR-092) and on the Standardized Invoice #23 (RR-092a). Both documents can be viewed at the Wisconsin DNR’s web page for proposed program guidance.

Comments on these documents will be accepted through December 22, 2017.

Updates to Tasks 5, 7, 18, 26, 27 and 31 are included in the document and outlined in the public comment cover sheet.

The U&C Cost Schedule is a regular publication of the RR program and is updated twice a year. Updates generally consist of non-substantive language changes and clarification.

Comments on this document should be sent to Jenna Soyer at jenna.soyer@wisconsin.gov.

Annual Report Details Northern Wisconsin Cleanup

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A vacant industrial lot in the heart of Ashland, just a few blocks from Lake Superior, is now poised for redevelopment with the help of two section 104(k) cleanup subgrants totaling $400,000 from Wisconsin’s revolving loan fund, known as Ready for Reuse.

The success of this northern Wisconsin cleanup site is highlighted in the recent year-end Report, a summary of the outcomes funded by a Section 128(a) Grant from the US EPA made to the Wisconsin DNR’s Brownfields program.

The former Roffers property was once the site of a railroad roundhouse in the late 1800s. At that time, the grounds were used for coal storage. Later, it became the site of the Ruth Manufacturing Company saw mill and lumber yard. In the 1950s, Roffers Construction operated on the site and did so until 2007. Additional buildings on the property also housed various businesses over the last century, including a flour mill, a grocery wholesaler warehouse, and the headquarters of a local general contractor.

These past uses brought widespread PAH contamination that was excavated and used to mitigate a subsidence issue at a closed city landfill through a cross-program effort at the Wisconsin DNR. This alternate disposal location gave the city an inexpensive option for bringing the landfill back into compliance while also providing a greener remedial alternative to the substantial transportation distance and cost of hauling the material to the nearest open landfill in this rural, remote area of the state.

Currently, the city is working with a promising development proposal for a mixed use, walkable residential and commercial space with integrated park and greenspace. By proposing a mix of single and multi-family dwellings with small footprints and affordable pricing adjacent to commercial incubator space, the development aims to appeal to new graduates of the local college.

Previous 128(a) reports, including mid-year and year-end summaries going back to 2012, can be found on the DNR’s RR Program web page.

 

 

Employment Opportunity with the RR Program

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The Wisconsin DNR seeks to fill a position with the Remediation and Redevelopment (RR) Program stationed in the downtown Madison office.

The deadline to apply is December 10, 2017. 

Environmental Program Specialist – The successful candidate will provide professional programmatic, financial and administrative support throughout the state to all RR staff. Additionally, the person will provide direct administrative support to the Program Director and Management Team. This person will specifically help develop, administer, maintain and disseminate information related to RR programs, the program’s budget, work plans, performance metrics, open records, administrative rules and records. As the Program Specialist, this person will be responsible for tracking all program payables and receivables, procurement card transactions, purchase orders, and invoice vouchers.

Please see the job announcement for additional information.

Updates to RR Program’s Sites Map Application

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Users of the RR Sites Map (RRSM) application will notice recent upgrades to the popular mobile and desktop mapping system, made available by the Remediation and Redevelopment Program. The application is used to display completed or ongoing contamination cleanup sites across the state, as well as those sites that have received financial or liability assistance.

RR Sites Map Screenshot

RR Sites Map is part of the DNR’s Wisconsin Remediation and Redevelopment Database (WRRD), an inter-linked system tracking information on different contaminated land activities.

In an effort to enhance your experience with RRSM, we have recently made the following updates:

  • The addition of “2010–2016 aerial photos” to the layer list and base map; and
  • The addition of “county tax parcels” to the layer list.

County tax parcels recently became available following a multi-year project spearheaded by the Wisconsin Department of Administration.

Other improvements include the addition of a “plot coordinates” tool to the navigation tab, a “hide labels” button to the measure tool (under the draw and measure tab) and a “law enforcement contacts” button under the information tab.

Comments or suggestions about RRSM can be directed to DNRRRBRRTSFeedback@wisconsin.gov.