Remediation & Redevelopment (RR) Program services and fees

Overview

Program Overview

The RR program is responsible for overseeing investigation and cleanup at:

• brownfield properties and voluntary cleanups;
• spills of waste or product materials, both new and historic spills;
• leaking underground storage tanks (LUST);
• hazardous waste cleanups;
• closed solid waste facilities; and
• Superfund sites.

The RR Program generally deals with people in one of the three following situations.

1. Persons who caused a discharge of a hazardous substance to the environment;
2. Persons who own/purchased contaminated property; and
3. Persons interested in purchasing a property that may be contaminated. Persons who are interested in purchasing property that may be contaminated are often interested in liability clarifications or exemptions.

Persons who caused a discharge or own contaminated property need to notify the DNR and contract with a qualified private environmental consultant to investigate and clean up in accordance with state regulations. Environmental liability has more information about legal responsibility.

Services & Assistance

The RR Program provides three basic types of service/assistance.

1. Technical Assistance

Persons who caused a discharge or who are responsible for cleaning up a contaminated property receive letters from the DNR regarding required environmental actions. For the most part, investigations and cleanups of contaminated soil and groundwater are conducted by private environmental consultants who are hired by the responsible party. These actions are then reviewed by RR program staff. The department also has enforcement authority to compel a party to proceed with an environmental cleanup. A standard cleanup is completed when the department sends a case closure letter.

Chapters NR 700-754, Wis. Adm. code, define acceptable environmental response actions. Program staff are not able to provide technical assistance on all aspects of each cleanup, but responsible persons may pay fees for specific technical assistance, such as work plans, site investigations, remedial action plans, monitoring, negotiated schedules and requests for case closure. Please see the Fees tab for a list of fees for technical assistance, and the Technical Assistance and Environmental Liability Clarification Request (Form 4400-237) [PDF].

2. Liability Exemptions

Local Government Unit Liability Exemption

Local governments can use their authority to acquire title to brownfield properties without concern about environmental liability after taking ownership. The 1993 Land Recycling Law (Wisconsin Act 453) and the 1997-1999 and 1999-2001 state budget bills created incentives for local governments and certain economic development organizations to acquire property through specific measures that do not incur environmental liability.

Voluntary Party Liability Exemption (VPLE)

This is a fee-based option for owners, purchasers, local governments and others to become exempt from future liability for contamination that has been satisfactorily cleaned up.

Lender Liability Exemption

Lenders and representatives may also finance the purchase of known or suspected contaminated land without liability due to the Land Recycling Law. To be eligible for the lender liability exemption, a lender foreclosing on property with potential environmental contamination must comply with all requirements of the lender liability statute.

Impacted Neighbor Offsite Exemption

The offsite exemption, § 292.13, Wis. Stats., helps property owners and prospective purchasers understand who is liable when contamination has crossed a property line and impacted neighboring properties. In general, persons in Wisconsin who own contaminated land are responsible for the environmental cleanup. However, this exemption allows neighboring property owners to submit information demonstrating that the contamination came from another property and to obtain written confirmation from DNR that they are not liable for the cleanup.

3. Liability Clarifications

These letters may help property owners, neighbors or persons interested in purchasing property complete business, real estate or financial transactions by providing written clarification of their environmental liability. For more information on a specific letter or an application form, click on the links below.

• General Liability Clarification Letters (RR-619) [PDF]
• Negotiated Schedules (RR-664) [PDF] for completing cleanup
• Lease Letters (RR-620) [PDF] confirming that lessees are not responsible for contamination if it occurred prior to the lease
• Technical Assistance and Environmental Clarification Request Form (4400-237) [PDF]

If you are interested in a liability clarification letter please contact our regional staff, who are assigned to specific geographic areas.

Fees

Fees

Chapter NR 749, Wis. Adm. Code, "Fees for Providing Assistance; Remediation and Redevelopment Program," establishes fees for assistance requested by those undertaking cleanup and redevelopment of contaminated properties. These fees are based on the average amount of time necessary to perform reviews.

Fees for sites in the Voluntary Party Liability Exemptions (VPLE) process are established in chapter NR 750, Wis. Adm. Code. Read more about chapters NR 749 and NR 750.

How to Pay Fees

You can pay fees by check or electronic funds transfer (EFT/ACH). If paying with EFT/ACT, it is recommended that you contact the appropriate regional RR Environmental Program Associate (EPA) before submitting the fee. This helps the EPA match up funds to the appropriate submittal documentation and process your submittal faster. Consult the chart below or NR 749 for fee amounts.

• Instructions to pay by EFT/ACH or Wire [PDF]

To pay by check, make your check payable to "Wisconsin Department of Natural Resources." Submit your documentation through the RR Submittal Portal and mail the confirmation page generated by the Submittal Portal with your check to the appropriate regional EPA.

For instructions on the appropriate format and procedures for electronic submittals, see Guidance for Electronic Submittals for the Remediation and Redevelopment Program (RR-690) [PDF].

NR 749 Fee Schedule

The table below provides a list of common RR Program fees. For a printable version of program fees please see the Remediation and Redevelopment Program Fee Schedule (RR-966) [PDF].

• Additional Information on ch. NR 749, Wis. Adm. Code Fees (RR-997) [PDF]

FAQ

Frequently Asked Questions About Fees

1. How are fees paid under NR 750, Wis. Adm. Code, for voluntary party liability exemption (VPLE) sites?

There is a $250 VPLE application fee, then the DNR takes hourly fees from a deposit made by the applicant. Please visit Voluntary Party Cleanup for more information about this option. When paying fees under NR 750, the fees listed in NR 749 do not apply in most cases.

2. When are fees required under NR 749, Wis. Adm. Code?

Fees are required anytime a person specifically requests that the RR Program review and respond to a submittal in writing. If a responsible party submits a plan or report simply to comply with NR 700 rule requirements and expects no response, no fee is due. The cover letter for submittals should indicate whether or not a response is expected.

3. What type of services are available under NR 749, Wis. Adm. Code, and what type of response will be provided?

The Technical Assistance and Environmental Liability Clarification Request (Form 4400-237) [PDF] lists more than 20 specific types of technical assistance and liability clarification letters available from the RR Program and the fees for each.

4. When are fees not required?

Fees are not required:

• for immediate actions associated with spill cleanup activities, including DNR signature on the spill reporting form. See question #13 for more information about spills;
• when funding has been specifically identified to cover review times, such as site investigation workplans and remedial action options reports, for sites being reviewed under the Dry Cleaners Environmental Response Fund (DERF). However, fees are required for DERF reviews beyond those specifically delineated in NR 169, Wis. Adm. Code;
• when the code requires a specific document to be submitted, unless a written response from DNR has been requested;
• when the department chooses to review a document; and
• when the DNR reviews NR 141, Wis. Adm. Code (Groundwater Monitoring Well Requirements), exemption requests.

5. What fees apply to case closure review?

S. NR 726.05(3), Wis. Adm. Code, requires that all requests for case closure include the $1,050 review fee. In addition, a $300 database fee applies if residual soil contamination is above standards, and an additional $350 database fee applies if groundwater contamination is above the enforcement standards in NR 140.  If the DNR imposes a continuing obligation under s. 292.12, Wis. Stats., that is not covered by either the soil or groundwater fee (such as cases with a vapor mitigation system) a $350 database fee is required.  If one or more monitoring wells are not properly abandoned but no residual groundwater contamination is present, a $350 database fee applies.

6. What happens if the DNR finds my case closure request to be seriously incomplete?

If a case closure request is submitted that substantially fails to define the degree and extent of contamination, the $1,050 fee will be applied as if a site investigation report had been submitted. Another $1,050 case closure fee will be due after the problems with the site investigation have been addressed and a new closure request is submitted.

7. What fees apply to a site or property being modified or removed from the department database?

• For a property owner whose soil and groundwater contaminant levels have decreased and now meet standards, another $1,050 case closure review fee applies when the new data is submitted to the DNR to remove the site from the database.
• For an owner who subdivides a property on the database and wants an uncontaminated parcel removed from the database, a $1,050 fee applies for review of the information submitted for the uncontaminated parcel. Information showing the legal division of the property must be included.
• For an affected neighboring property owner who wants to be removed from the database because contamination on his or her property is now below standards, although contamination on the source property has not yet reached standards, a $1,050 fee applies to review of the data from the neighboring property.
• In all cases, the appropriate database fee would also be required.

8. Does the DNR charge a fee for technical assistance provided over the telephone?

The DNR does not usually charge for assistance provided by phone, such as general questions, requests for information, interpretation of rules or guidance, as well as many site-specific questions. However, NR 749, Wis. Adm. Code, allows a person paying a fee to request a verbal response. In that case, DNR will provide detailed verbal comments after receiving the review fee.

9. Does the DNR charge for meetings and if so, under what conditions?

The DNR generally does not charge for meetings to discuss general issues. If we agree to a meeting after a review fee has been paid, another fee would not usually apply to the meeting. However, if no fee has been paid, the DNR would usually charge for a meeting where detailed comments were provided.

10. Does the DNR waive fees if a review takes less than a specified amount of time?

No. The fees in NR 749, Wis. Adm. Code, are flat fees.

11. Does the DNR charge separate review fees if several reports are submitted concurrently?

No. For example, if a site investigation report is submitted along with an evaluation of remedial alternatives, or if a request for approval of site-specific soil residual contaminant levels (RCLs) is included with a case closure request, only the higher of the two possible fees must be paid.

12. Must fees be paid when the DNR issues an order to compel a cleanup?

Yes. State statutes authorize the DNR to assess and collect fees from persons who are subject to an order or other enforcement action. The DNR will specify the documents that require agency review and the associated fees.

13. When does the DNR charge a fee for closing out a spill case under the provisions in NR 708, Wis. Adm. Code?

When the responsible party requests a letter documenting the DNR's decision that no further action is required after a spill response, a $350 fee is applicable. This request should be made before the file is closed.

14. Does the DNR charge fees for approval of landspreading plans under ch. NR 718, Wis. Adm. Code, and for infiltration/injection proposals under ch. NR 812?

Yes. These are significant technical reviews and the $700 fee for "other technical assistance" is applicable. The fee for landspreading approval covers site approval, review of the operational plan, oversight of operations and review of the treatment verification report.

15. Does the DNR charge fees for review of petroleum tank closure assessments with low level contamination if no further investigation is necessary?

No fee is required unless the responsible party requests a letter stating that no further action is required. If contaminated backfill has been removed, a $350 fee applies for a "no further action" letter if the request is made immediately. If no response action has been taken, a $700 general liability clarification letter may be requested.

16. What fees apply to a material management plan review?

NR 749, Wis. Adm. Code, requires a fee of $700 (other technical assistance) be provided for review of a material management plan. A $300 database fee also applies when one or more continuing obligations will be imposed under NR 718.12(2)(e), Wis. Adm. Code, to address contaminated material managed as part of a remedial action. Separate technical assistance fees and database fees are assessed for each nonadjacent site or facility involved with the management activity. More information is available on the DNR form Recommended Template for Request to Manage Materials under § NR 718.12 or NR 718.15, Wis. Adm. Code (4400-315).