Guidance

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.

Public Input Opportunity – Guidance: DNR’s Superior Lien Authority and What It Means for Property Owners (RR-507) and Guidance: Environmental Liability Exemptions for Lenders and Representatives (RR-508)

Posted on by Christine Sieger

The Remediation and Redevelopment (RR) Program is now seeking input on two publications:

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.

The document can be found at the RR Program’s Public Notices & Guidance webpage under the “Program Guidance” tab. Comments may be submitted through Oct. 19, 2023, to Molly Schmidt at MollyE.Schmidt@wisconsin.gov or DNRRRGuidance@wisconsin.gov.

Public Input Opportunity – Guidance: Post-Closure Modifications (RR-982)

Posted on by Christine Sieger

The Remediation and Redevelopment (RR) Program is now seeking input on the publication 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 Wisconsin Department of Natural Resources (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, and environmental consultants. It is based on authority provided under Wisconsin Statutes (Wis. Stat.) § 292.12(6) and Wisconsin Administrative Code (Wis. Admin. Code) ch. NR 727.

The document can be found at the RR Program’s Public Notices & Guidance webpage under the “Program Guidance” tab. Comments may be submitted through Oct. 5, 2023 to Jenna Soyer at Jenna.Soyer@wisconsin.gov or DNRRRGuidance@wisconsin.gov.

Now Available: Publication Guidance: Wisconsin Vapor Quick Look-Up Table Indoor Air Vapor Action Levels and Vapor Risk Screening Levels (RR-0136)

Posted on by Christine Sieger

The publication Guidance: Wisconsin Vapor Quick Look-Up Table Indoor Air Vapor Action Levels and Vapor Risk Screening Levels (RR-0136) is now updated and available online. There were no changes to the Vapor Action Levels (VALs) or Vapor Risk Screening Levels (VRSLs) for the compounds listed.

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 list volatile organic compounds frequently encountered at cleanup sites in Wisconsin. Consultants should compare vapor data for open sites to the updated table for potential additional actions. Vapor data for chemicals not listed on RR-0136 should accessed via the U.S. Environmental Protection Agency Vapor Intrusion Screening Level (VISL) Calculator; instructions on using VISL are included in RR-0136.

Questions regarding this document may be submitted to Jennifer Borski at Jennifer.Borski@wisconsin.gov.

Now Available: Publication Brownfields Redevelopment in Wisconsin (RR-933)

Posted on by Christine Sieger

Following a public comment period, the publication Brownfields Redevelopment in Wisconsin (RR-933) 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 a definition of brownfield and provide essential steps and resources for successful redevelopment of brownfield properties.

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

Updates To Remediation And Redevelopment Program Guidance And Publications Search Tool

Posted on by Christine Sieger

The Department of Natural Resources (DNR) Remediation And Redevelopment (RR) Program Guidance And Publication Search Tool is currently undergoing maintenance that will result in a new look and web address, https://widnr.widencollective.com/portals/n3gjtfty/RRDocumentSearchPortal.

Starting June 30, 2023, the former web address will no longer be accessible and will result in a ‘page not found’ error. During the transition, both links will be active. Please update your bookmarks as soon as possible.

The update to the search tool includes a visual interface featuring publications, templates and forms as searchable collections. Multiple documents can be selected and downloaded at once and documents can be viewed in the web browser. Traditional search tools (i.e., general search and by subject/keyword) are available in the upper left-hand corner of each collection.

Links to other RR Program webpages, publications and documents should be unaffected. Contact DNRRRWebRequests@wisconsin.gov if you experience any issues.

Public Input Opportunity – Publication: Local Government Environmental Liability Exemptions and Responsibilities in Wisconsin (RR-055)

Posted on by Christine Sieger

The Remediation and Redevelopment (RR) Program is now seeking input on the publication Local Government Environmental Liability Exemptions and Responsibilities in Wisconsin (RR-055).

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 or applicable. DNR brownfields staff can help LGUs understand the exemption before taking title to a contaminated property and provide liability clarification letters.

The document can be found at the RR Program’s Public Notices & Guidance webpage under the “Program Guidance” tab. Comments may be submitted through June 7, 2023, to Michael Prager at Michael.Prager@wisconsin.gov or DNRRRGuidance@wisconsin.gov.

Now Available: Publication RR-060, Guidance For Management Of Contaminated Soil And Other Solid Wastes – Wis. Admin. Code §§ NR 718.12 and NR 718.15

Posted on by Jodie Thistle

Following a public comment period and consideration of the comments received, the publication RR-060, Guidance for Management of Contaminated Soil and Other Solid Wastes – Wis. Admin. Code §§ NR 718.12 and NR 718.15, is now posted and available online.

For this document, a sentence that referred to management of asbestos-containing materials on page 2 was removed. In addition, the NR 718 Approval and Process Options approval process for immediate actions involving contaminated soil was modified for clarification (page 5), and the locational requirements (page 12) were updated to include the requirement that a responsible party may not place or replace contaminated soil where it poses a threat to public health, safety, or welfare or the environment.

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.

This guidance is intended for use by responsible parties when excavating contaminated soil and other solid waste that may not warrant disposal at an operating, licensed landfill. This guidance describes several approvals that may be available in such situations.

Questions regarding this document may be submitted to Paul Grittner at Paul.Grittner@wisconsin.gov.

Public Input Opportunity – Publications RR-502, Guidance: Selecting A Qualified Environmental Consultant And Form 4400-328, Cover Page – Transfer Of Responsibility For Continuing Obligations

Posted on by Jodie Thistle

The Remediation and Redevelopment (RR) Program is now seeking input on two publications: RR-502, Guidance: Selecting a Qualified Environmental Consultant and Form 4400-328, Cover Page – Transfer of Responsibility for Continuing Obligations.

RR-502

The purpose of RR-502 is to help responsible parties and others understand how to select a qualified environmental consultant to investigate and clean up soil, groundwater, sediment and other contaminated environmental media per Wisconsin Statute chapter (Wis. Stat. ch.) 292 and Wisconsin Administrative (Wis. Admin.) Code chs. NR 700-799. Hiring a qualified environmental consultant is needed to investigate and remediate your property in accordance with local, state and federal rules.

The document can be found at the RR Program’s Public Notices & Guidance webpage under the “Program Guidance” tab. Comments may be submitted through April 6, 2022 to Barry Ashenfelter at Barry.Ashenfelter@wisconsin.gov or DNRRRGuidance@wisconsin.gov.

Form 4400-328

Form 4400-328 is a cover sheet template for submittal of legally enforceable agreements between parties transferring responsibility of continuing obligations under Wis. Stat. § 292.12(5)(c) or 292.12(5m)(am).

The document can be found at the RR Program’s Public Notices & Guidance webpage under the “Program Guidance” tab. Comments may be submitted through April 6, 2022 to Jenna Soyer at Jenna.Soyer@wisconsin.gov or DNRRRGuidance@wisconsin.gov.