Wisconsin Administrative Code

NR 747.69 Responsible party[s contract with a bidder. (1) CONTRACT WITH REMEDIATION CONSULTING FIRM. (a) Except as provided in pars. (c) or (d), no later than 60 days after the department issues the notification under s. NR 747.68 (7) (b) or (c), the responsible party shall execu…

NR 747.70 Monitoring the progress of the scope of work in the bid. (1) NOTIFICATION OF PROGRESS. (a) The consulting firm holding the contract required in s. NR 747.69 (1) (a) shall report to the department, in a format prescribed by the department, the progress toward completing …

NR 747.71 Special requirements for existing sites. (1) DEFINITION. For the purposes of this section, a site investigation in progress is any investigation that began but was not completed before May 1, 2006. (2) NOTIFICATIONS AND INITIAL INVESTIGATION PROGRESS REPORTS FOR INVESTI…

NR 749.01 Purpose. The purpose of this chapter is to establish fees to offset the department[s costs of providing assistance under ch. 292, Stats. The department[s authority to impose fees is found in ch. 292, Stats.

NR 749.02 Applicability. This chapter applies to persons seeking department assistance under ch. 292, Stats., except that most oversight fees for those persons seeking department assistance under s. 292.15, Stats., shall be paid in accordance with ch. NR 750. As listed in Table 1…

NR 749.03 Effective date. Beginning on February 15, 1999, persons requesting department assistance under ch. 292, Stats., shall pay the applicable fee listed in Table 1 for all submittals received after February 15, 1999. History: Cr. Register, January, 1999, No. 517, eff. 2-15-9…

NR 749.04 Fees. (1) When a person requests the department to review a document listed in Table 1, the person requesting this assistance shall pay to the department the applicable fees. A person may request that department assistance be provided in either written form or in the fo…

NR 749.05 Alternative fees for negotiated agreements. As part of a negotiated agreement, responsible parties may agree to pay the department an hourly fee for project oversight as determined by the provisions set forth in ch. NR 750. the chapter was last published.

NR 750.01 Purpose. The purpose of this chapter is to establish the procedures and criteria that the department shall use to process applications and assess and collect fees to provide oversight to persons undertaking response actions in accordance with s. 292.15, Stats. This chap…

NR 750.02 Applicability. This chapter applies to persons seeking department review and approval of the response actions that will be or have been undertaken to receive the protection of the liability exemption in s. 292.15, Stats. Note: The Land Recycling Law (1993 Wis. Act 453, …

NR 750.03 Definitions. In this chapter: (1) XApplicantY means the person seeking department review and approval of the response action that will be taken or has been undertaken to receive the protection of the liability exemption under s. 292.15, Stats. (2m) XEnvironmental invest…

NR 750.05 Application. (1) APPLICATION SUBMITTAL. An applicant shall submit to the department a completed application form for each property, requesting department oversight in reviewing and approving the proposed response actions. The applicant shall submit with each application…

NR 750.07 Assessment and payment of fees for department oversight on or after March 1, 1996. (1) ASSESSMENT OF OVERSIGHT FEES. Beginning on March 1, 1996, applicants shall pay oversight fees to offset department costs incurred on or after July 1, 1995, for activities conducted un…

NR 750.09 Completion of response actions. At the completion of all response actions taken by an applicant who is seeking the liability exemption under s. 292.15, Stats., the applicant shall request case closure in accordance with the requirements in ch. NR 726. The department sha…

NR 754.01 Purpose. This chapter establishes rules and procedures promulgated under s. 292.15 (2) (ae) 3m. and (e), Stats., that the department shall use to determine if voluntary parties have met the requirements under s. 292.15 (2) (ae), Stats., related to environmental insuranc…

NR 754.03 Applicability. This chapter applies to voluntary parties seeking an exemption from liability for voluntary party remediation under s. 292.15 (2) (ae), Stats., where groundwater contamination is in concentrations that exceed enforcement standards and the department deter…

NR 754.05 Definitions. In this chapter: (1) XDepartmentY has the meaning specified in s. 292.01 (2), Stats. Note: Section 292.01 (2), defines YdepartmentY to mean the department of natural resources. (2) XNatural attenuationY has the meaning specified in s. 292.15 (1) (am), Stats…

NR 754.07 Insurance requirement. A voluntary party seeking a liability exemption under s. 292.15 (2) (ae), Stats., shall pay the department the one-time insurance fee, submit an application form and comply with the requirements and procedures described in this chapter for the pro…

NR 754.11 Insurance application and fees. (1) GENERAL. A voluntary party seeking insurance under this chapter shall apply to the department on a form provided by the department and submitted to the following address: VPLE Coordi- NR 754.07 NR 754.11 NR 754.13 Insurance requiremen…

NR 754.13 Certificate of completion. The department shall issue the voluntary party a certificate of completion pursuant to s. 292.15 (2) (ae), Stats., if the department determines that all the following requirements have been met: (1) The voluntary party has submitted to the dep…

NR 756.01 Purpose. The purpose of this chapter is to establish planning, compliance, and financial responsibility requirements for sites or facilities with contaminated sediment that rely on an engineering control to protect public health, safety, welfare, and the environment fro…

NR 756.02 Applicability. Except as otherwise provided, this chapter applies to all sites or facilities where a person who is required to take action under ch. 292, Stats., with respect to contaminated sediment, takes an interim or remedial action that includes the use of an engin…

NR 756.03 Definitions. In this chapter: (1) XContaminated sediment engineering controlY means an engineering control used to address contaminated sediment. (2) XEventY means an occurrence that may affect the completion of the goals established in the plan and compliance schedule …

NR 756.04 Plan and compliance schedule; financial responsibility; fees. (1) GENERAL. As a condition of NR 756.08 NR 756.09 NR 756.10 NR 756.11 NR 756.12 NR 756.13 NR 756.14 Calculating the amount of the proof of financial responsibility. Changing methods of proof of financial res…

NR 756.05 Responsibility at contaminated sediment sites; access. (1) Requirements of this chapter shall be met in accordance with the applicable requirements under s. 292.12 (5m), Stats. (2) Any person that acquires responsibility for the requirements of this chapter under s. 292…

NR 756.06 Methods of providing proof of financial responsibility. A person required to submit proof shall establish proof of financial responsibility made payable to or established for the benefit of the department. A person submitting financial assurances for a plan and complian…

NR 756.07 Cost estimates. (1) GENERAL. (a) For the purpose of determining the amount of proof of financial responsibility that is required under s. NR 756.06, a person required to submit proof shall submit the estimated costs together with all necessary justification and document…

NR 756.08 Calculating the amount of the proof of financial responsibility. (1) A person required to submit proof shall, as part of the initial request for approval of the plan and compliance schedule, calculate the necessary amounts of proof of financial responsibility based on t…

NR 756.09 Changing methods of proof of financial responsibility. A person required to submit proof may change from one method authorized under s. NR 756.06 to another with written approval from the department, but not more than once per year. A change may only be made on the anni…

NR 756.10 Adjustment of financial responsibility. (1) A person required to submit proof shall submit to the department verification of the adjustment of the amount of funds secured by a method of proof of financial responsibility on a form supplied by the department. (2) The amou…

NR 756.13 Bankruptcy or receivership notification. (1) A person required to submit proof shall notify the department by certified mail of the commencement of a voluntary or involuntary proceeding under the bankruptcy code, 11 USC 101 to 1532, naming the person required to submit …

NR 756.14 Compliance. (1) If a person required to submit proof fails to comply with any requirements in the approved plan and compliance schedule, the department may take any of the following actions: (a) The department may require the forfeiture or conversion of any standard met…

NR 758.01 Purpose. This chapter establishes rules and procedures promulgated under s. 292.15 (2) (af) 3m. and (e), Stats., that the department shall use to determine if voluntary parties have met the requirements under s. 292.15 (2) (af), Stats., related to environmental insuranc…

NR 758.03 Applicability. This chapter applies to voluntary parties, and successors and assigns of voluntary parties, as described under s. 292.15 (3), Stats., seeking an exemption from liability for voluntary party remediation under s. 292.15 (2) (af), Stats., where contaminated …

NR 758.05 Definitions. (1) XPreexisting pollution conditionY means contaminated soil, groundwater or sediment or other media from a discharge of a hazardous substance that occurred prior to the date the environmental investigation of a property was approved by the department. (2)…

NR 758.07 Insurance requirement. (1) STATE INSURANCE CONTRACT. (a) If the department enters into a contract under s. 292.15 (2) (e), Stats., the voluntary party seeking a liability exemption under s. 292.15 (2) (af), Stats., shall do all of the following: 1. Pay the department in…

NR 758.09 Calculating the amount of the insurance coverage. To calculate the amount of insurance coverage required, the voluntary party shall submit to the department a summary of the total costs spent on the investigation and remediation of the contaminated sediment at the insur…

NR 758.10 Deductible. (1) All insurance policies providing coverage required under this chapter shall be written with a per-occurrence deductible and not with a self-insured retention basis. (2) The insurance policy shall have a deductible of no more than $50,000 per occurrence u…

NR 758.11 Length of coverage. (1) The voluntary party shall maintain insurance coverage that meets the conditions under this chapter for 25 years after a closure letter has been issued by the department under s. NR 758.19 (2). (2) The policy term of the insurance may be of any le…

NR 758.12 Proof of insurance. The voluntary party shall submit annually a copy of the certificate of insurance to the department that demonstrates that the requirements for insurance described in this chapter are being met. History: EmR2032: emerg. cr., eff. 9-8-20; CR 20-038: cr…

NR 758.13 Financial responsibility other than insurance. (1) The department shall accept a form of financial responsibility from the voluntary party other than insurance to meet the requirements of this chapter if all of the following conditions apply: (a) The financial responsib…

NR 758.15 Waiver of insurance requirement. The voluntary party may submit a written request for a waiver of the insurance requirement under s. NR 758.07 to the department. The department may waive the insurance requirement after considering all the following factors, which shall …

NR 758.19 Certificate of completion. The department shall issue a certificate of completion under s. 292.15 (2) (af), Stats., to a voluntary party that is subject to the requirements of this chapter if the department determines that all the following requirements have been met: (…

NR 758.21 Failure to satisfy requirements in this chapter. The voluntary party, and successors and assigns of the voluntary party, as described under s. 292.15 (3), Stats., including the property owner, will no longer qualify for the liability protections under s. 292.15 (2) (af)…

NR 8.01 Definitions. In this chapter: (1) “Authenticated,” for purposes of s. NR 8.045, means properly linked to a customer’s statewide automated system account, as verified using department of transportation records. (3) “County clerk” means a county clerk as defined in s. 59.20…

NR 8.02 Authorization to issue approvals. All license agents shall issue all department approvals or federal approvals designated by the department to be issued through the statewide automated system, except for approvals designated by the department to be issued only by the depa…

NR 8.03 License agent application; eligibility; and contract. (1) APPLICATION FORMS. (a) Any person or county clerk wishing to become a license agent shall submit a written application to the department on forms provided by the department. The department shall review the applicat…