Environmental liability

DNR Updates VPLE Oversight And Insurance Fees

Posted on by Coreen Fallat

The Wisconsin Department of Natural Resources (DNR) updated the hourly oversight fee for review of technical documents submitted through the Voluntary Party Liability Exemption (VPLE) program. The DNR must calculate the hourly billing rate each year (Wis. Admin. Code § NR 750.07(2)). The new hourly rate is $125, an increase from the previous rate of $115 per hour. The new rate took effect on July 1, 2024.

The VPLE program supports voluntary parties who conduct an environmental investigation and cleanup of a brownfield property in exchange for an exemption from future environmental liability for historical contamination. 

The DNR also recently made the VPLE insurance fee schedule available on the VPLE webpage. Insurance is required for VPLE sites where natural attenuation is used to restore groundwater quality to meet enforcement standards (Wis. Stat. § 292.15(2)(ae)(3m)). The insurance fees for sites in the VPLE program have not changed and are in effect until May 15, 2027. Insurance coverage is through a policy with Ironshore Specialty Insurance Company. 

Any questions about the insurance requirements should be directed to Michael Prager at 608-261-4927 or Michael.Prager@wisconsin.gov. 

Now Available: Guidance: DNR’s Superior Lien Authority and What It Means for Property Owners (RR-507), Guidance: Environmental Liability Exemptions for Lenders and Representatives (RR-508) and Guidance: Post-Closure Modifications (RR-982)

Posted on by Christine Sieger

Following a public comment period, the following publications are now posted and available online:

Guidance: DNR’s Superior Lien Authority and What It Means for Property Owners (RR-507)
This guidance is intended for property owners and mortgagees. It defines and explains a superior lien, which is a type of environmental lien that the Wisconsin Department of Natural Resources (DNR) places on properties when the DNR cleans up contamination on a property and is not reimbursed. A superior lien allows the DNR to recover the public funds spent on the cleanup.

Guidance: Environmental Liability Exemptions for Lenders and Representatives (RR-508)
The purpose of this guidance is to provide information to lenders and representatives about environmental liability exemptions available for sites with hazardous substance discharges to the environment.

Guidance: Post-Closure Modifications (RR-982)
The purpose of this guidance is to aid in the preparation and review of post-closure modification (PCM) submittals to the DNR. Information about the types of PCMs, the process, fees and types of responses available from the DNR is provided. This guidance is for use by property owners, responsible parties, environmental consultants and DNR staff. It is based on authority provided under Wisconsin Statutes (Wis. Stat.) § 292.12(6) and Wisconsin Administrative Code (Wis. Admin. Code) ch. NR 727.

Additional documents and guidance from the Remediation and Redevelopment (RR) Program may be found using the search tools available on the RR Document Search and Resource Portal.

Questions regarding RR-507 and RR-508 may be submitted to Molly Schmidt at MollyE.Schmidt@wisconsin.gov. Questions regarding RR-982 may be submitted to Jodie Thistle at Jodie.Thistle@wisconsin.gov.

Now Available: Publication Local Government Environmental Liability Exemptions and Responsibilities in Wisconsin (RR-055)

Posted on by Christine Sieger

Following a public comment period, the publication Local Government Environmental Liability Exemptions and Responsibilities in Wisconsin (RR-055) is now posted and available online.
The document can be found here. Additional documents and guidance from the Remediation and Redevelopment Program may be found using the search tools available on the publications and forms webpage.

The purpose of this guidance is to provide basic information about Wisconsin’s local government unit environmental liability exemption (LGU exemption). The method of property acquisition used by an LGU determines if the exemption is acquired. DNR brownfields staff can help LGUs understand the exemption before taking title to a contaminated property and provide liability clarification letters.

Questions regarding this document may be submitted to Michael Prager at Michael.Prager@wisconsin.gov.

Now Available: DNR Publication Guidance: Voluntary Party Liability Exemption (RR-0141)

Posted on by Jodie Thistle

Following a public comment period and consideration of the comments received, the publication Guidance: Voluntary Party Liability Exemption (RR-0141) is now posted and available online.

The document can be found here. Additional documents and guidance from the Remediation and Redevelopment Program may be found using the search tools available on the DNR publications and forms webpage.

The purpose of this guidance is to provide information about the voluntary party liability exemption (VPLE) which was created by the Wisconsin State Legislature in 1994 when Wisconsin Statues (Wis. Stat.) § 292.15 was enacted to aid in the redevelopment of brownfields properties.

Questions regarding this document may be submitted to Michael Prager at Michael.Prager@wisconsin.gov.

E-Pay Now Available for NAR/NFA; Other Updates to 4400-225

Posted on by Jodie Thistle

Last November the Notification for Hazardous Substance Discharge form (4400-225) was made into a fillable online form on the DNR’s RR program Submittal Portal webpage. This form should be used to report discharges that are identified through laboratory analysis of soil, sediment, vapor, indoor air and water.

The form now allows for payments by credit card for the request of No Action Required (NAR) determination under Wis. Admin. Code § NR 716.05 or a request for No Further Action (NFA) determination under Wis. Admin. Code § NR 708.09.

The form also includes clickable tabs so you can easily navigate to completed tabs without clicking multiple “next” and “back” buttons. This is particularly useful when returning to submit lab reports and navigating to the lab result tab to upload your files.

When submitting a request for an NAR or NFA determination, we encourage you to include the Technical Assistance, Environmental Liability Clarification or Post-Closure Modification Request form 4400-237 and any additional appropriate report(s) with your submittal.

Now Available: Publication RR-0128, Green Team Assistance for Contaminated Properties

Posted on by Jodie Thistle

The publication RR-0128, Green Team Assistance for Contaminated Properties, is now posted and available online.

The document can be found here. Additional documents and guidance from the Remediation and Redevelopment Program may be found using the search tools available on the publications and forms webpage.

The purpose of the guidance is to provide information about DNR’s Green Team meetings, which are an effective and efficient way for local governments to evaluate options, plan for and work through a brownfield project.

Questions regarding this document may be submitted to Barry Ashenfelter at barry.ashenfelter@wisconsin.gov.

Public Input Opportunity Ends Soon for Publication RR-619, Guidance: General Liability Clarification Letters

Posted on by Mick

The public comment period ends next week on October 28, 2021 for the publication RR-619, Guidance: General Liability Clarification Letters.

The document can be found at the RR Program’s Public Notices & Guidance web page under the “Program Guidance” tab. Comments may be submitted through Oct. 28, 2021 to Michael Prager at Michael.Prager@wisconsin.gov or to DNRRRGuidance@wisconsin.gov.

The guidance document describes when general liability clarification letters, as defined in Wis. Stat. § 292.55, may be helpful and how parties can request a general liability clarification letter from the DNR.

Updated VPLE Insurance Fees

Posted on by Mick

The Voluntary Party Liability Exemption (VPLE) Insurance fee schedule (RR-661) is now updated and available on the DNR website.

The VPLE program allows a party 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.

Continue reading “Updated VPLE Insurance Fees” →

Calumet County Receives WAM Award for Site Near Chilton

Posted on by Mick

A brownfields cleanup project near Chilton is getting financial assistance in the form of a grant from the Department of Natural Resources.

The financial award comes from the DNR’s Wisconsin Assessment Monies (WAM) program, which provides contractor services worth up to $35,000 for eligible sites. The DNR awarded the grant to Calumet County for the former Stoeger’s Plating Service/T&M Plating Service, LLC site near Chilton.

“DNR is proud to partner with Calumet County as officials work to clean up this property,” said DNR Remediation and Redevelopment Program’s Brownfields, Outreach and Policy Section Chief Jodie Peotter. “Often, the time and expense of looking into potential environmental contamination is daunting for local governments. An award like this can be very helpful to communities that take on the task of redeveloping brownfields.”

The site, located at N3503 Highway 55 near Chilton, was a cheese factory before it was purchased by the Stoeger family in 1971. The Stoeger family ran an antique store until the late 1990s, when they transferred the nearly two-acre property to their sons. The sons operated a plating business at the site for much of the early 2000s. The property eventually became tax delinquent; Calumet County acquired the site through tax foreclosure proceedings in March of last year.

After the county acquired the property, the U.S. EPA completed the removal of 100 drums and other containers of hazardous materials that were left behind when the building was vacated. Potential environmental issues related to the plating business and other historical site uses require additional environmental investigation. The WAM grant for contractor services will help Calumet County investigate whether environmental contamination exists at the property.

Since 2009, the WAM program has now provided more than $2.5 million to 60 communities across the state, partnering to help clean up and redevelop old, often run-down or underused properties that distract from a community’s potential.

Administered by the DNR’s Remediation and Redevelopment program, WAM awards provide communities with professional environmental site assessments of properties with known or perceived contamination. The program is funded through a U.S. EPA brownfields assessment grant.

Participation in the WAM program requires minimal effort by local governments. Because there is no local financial match, WAM is an attractive opportunity for communities to gain knowledge of environmental conditions. In many instances, WAM awards are leveraged with other sources of funding to kick-start repurposing efforts on properties that may have been underutilized for many years.

Applications for WAM assistance may be submitted at any time. The DNR uses WAM funding to assess brownfields throughout the state, concentrating on industrial sites and closed, or closing, manufacturing plants. WAM awards are also made for sites that may not have had a history of manufacturing but are in rural areas, racially diverse communities or economically disadvantaged areas.

For more information about WAM or other cleanup award programs from the RR Program, visit the DNR’s WAM webpage or the brownfields webpage.

No Changes to VPLE Review Fee for Fiscal Year 2020

Posted on by Mick

The Remediation and Redevelopment Program has calculated the hourly review fee for sites in the Voluntary Party Liability Exemption (VPLE) program.

The rate will not change for this upcoming fiscal year; it will continue to be $105 dollars an hour for state fiscal year 2020 which began on July 1, 2019 and ends on June 30, 2020. This has been the rate since July of 2014.

Continue reading “No Changes to VPLE Review Fee for Fiscal Year 2020” →