Rules and laws

New NR 700 Chapters Govern Financial Assurance Requirements that Apply at Certain Types of Sites with Contaminated Sediment

As of Oct. 1, 2021, two new chapters of the Wisconsin Administrative (Wis. Admin.) Code come into effect. The new chapters, NR 756 and NR 758, both relate to financial assurance requirements for certain types of contaminated sediment sites.

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Environmental Liability Exemptions in the VPLE Program

The cleanup and redevelopment of contaminated properties has become a critical land use issue for public and private entities across the country. These brownfields – abandoned or underused properties where redevelopment is hindered by real or perceived contamination – are often the key to a successful community redevelopment project.

Many developers, lenders and prospective purchasers of brownfields choose to enroll in the Voluntary Party Liability Exemption (VPLE) program versus a traditional cleanup path, since the VPLE provides certain liability assurances helpful to investors as well as future property owners.

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Public Input Opportunity – Publication RR-082, Guidance: NR 700 Semi-Annual Site Progress Report, Wis. Admin Code § NR 700.11(1)(a)

The Remediation and Redevelopment (RR) Program is now seeking input on the publication RR-082, Guidance: NR 700 Semi-Annual Site Progress Report, Wis. Admin Code § NR 700.11(1)(a).

The purpose of the guidance is to provide information regarding semi-annual progress reports, which are required of responsible parties for open remediation sites.

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 February 17, 2021 to Tim Zeichert at Timothy.Zeichert@wisconsin.gov or DNRRRGuidance@wisconsin.gov.

Public hearing for NR 700 proposed rule changes on Oct. 16, 2020

The Wisconsin Department of Natural Resources (DNR) announces that it will hold a public hearing on October 16, 2020, to receive public comment and feedback on emergency rule RR-11-17(E) and proposed permanent rule RR-10-17. The DNR will hold one public hearing for both rules. The hearing will be held via Skype. Meeting registration and details are available in the public hearing notice.

Written comments on the rules may be submitted any time before or on October 23, 2020. Details on how to provide comments are included in the public hearing notice.

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NR 700 Reporting Due July 30

Semi-annual reporting for the period of January 1, 2020 to June 30, 2020 is due July 30, 2020. Semi-annual reporting is required of responsible parties (RPs) for all “open” sites, including those sites the DNR formerly classified as “conditionally closed” in the BRRTS online database. Consultants may submit these reports on behalf of the RPs.

An email from DNR with your unique report identification number was sent during the first week of July 2020. If you did not receive an email, you can request a Report ID number by submitting the Report ID Request Form. The Report ID number you will receive uniquely identifies the activity for which you wish to report, the reporting period, and verifies the person using the ID is authorized to submit the report. If you have any questions, please contact Tim Zeichert at (608) 266-5788.

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Public meeting for input on proposed emergency rule RR-11-17E

The Remediation and Redevelopment (RR) Program will host the second of two public meetings to seek input on the development of revisions to Wis. Admin. Code chs. NR 700–799, Environmental Protection – Investigation and Remediation of Environmental Contamination.

The meeting will focus on gathering input regarding proposed emergency rules (board order RR-11-17E). The proposed emergency rules implement statutory financial assurance requirements under 2015 Wis. Act 204 that apply to certain types of sites with contaminated sediment.

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Comment and Review of Statement of Scope Concerning Regulation of Fire Fighting Foam

The Department of Natural Resources will hold a preliminary public hearing on Statement of Scope SS 015-20 related to the creation of chapter NR 159 to promulgate emergency and permanent rules concerning the regulation of firefighting foam that contains certain contaminants, at the time and place shown below.

Hearing Information

  • Date: June 4, 2020
  • Time: 1:00 p.m.
  • Location: Online via Skype link

The public has the opportunity to testify at the hearing. Comments on the scope statement must be received on or before June 4, 2020. Written comments may be submitted by U.S. mail, E-mail, or through the internet and will have the same weight and effect as oral statements presented at the public hearing.

Written comments and any questions on the scope statement should be submitted to:

Wisconsin Department of Natural Resources
Attn: Kate Strom Hiorns – WA/5
P.O. Box 7921
101 S. Webster Street
Madison, WI 53707-7921

Or via email to: KathrynM.StromHiorns@wisconsin.gov

The Statement of Scope may be reviewed at: https://dnr.wi.gov/news/input/ProposedPermanent.html

 

DNR Solicitation of Economic Impacts on Proposed Revisions to chs. NR 700 to 799

The Wisconsin Department of Natural Resources (DNR) is currently developing revisions to Wis. Admin. Code chs. NR 700-799, Environmental Protection – Investigation and Remediation of Environmental Contamination, and seeks your feedback on the economic impacts of these proposed rule revisions.

The DNR is proposing these rule revisions to attain consistency with statutory revisions made by 2017 Wis. Act 70 and 2015 Wis. Act 204, including revisions relating to contaminated sediments, and to update references and clarify requirements and procedures as needed since the last set of rule revisions became effective in 2013.

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COVID-19 update on Submittals and PECFA

As we continue operations under Gov. Evers’s COVID-19 Safer at Home order, please understand that most DNR staff are teleworking and may have limited access to files and delayed online connectivity. Additionally, all non-essential travel is prohibited. We strongly encourage customers to communicate with their DNR project manager via email.

Submit Electronically

Customers are strongly encouraged to submit reports electronically through the Submittal Portal. DNR is temporarily suspending the requirement to submit one paper copy of each plan or report under § NR 700.11 (3g), including hard copies of case closure packets.

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