LRP - Licenses

LRP - Regulations

LRP - Permits

Recreation - Statewide

Recreation - Trapping

Recreation - Fishing

Recreation - Hunting

Env. Protection - Management

Env. Protection - Emergency

Env. Protection - Resources

To sign up for updates or to access your subscriber preferences, please enter your contact information below.



 
Read
and subscribe to the RR Report newsfeed.
Find
information on contaminated land activities.
Request
Green Team assistance.
Submit
forms and documents related to ch. NR 700, Wis. Adm. Code.
Contact information
For more information on the rule changes, contact:
Molly Schmidt
Remediation & Redevelopment Program

NR 700-754 rule changes

As part of a continuing effort to ensure efficient and effective guidance and standards for the investigation and remediation of contaminated sites in Wisconsin, the DNR is working with key public and industry stakeholders, state agencies, the State Legislature, the governor and the general public to update portions of chs. NR 700-754, Wis. Adm. Code [exit DNR].

The next public input opportunity is the December 3, 2019, rule development meeting. Please see "Upcoming meetings" below for details.

Background

Chapter 292, Wis. Stats. [exit DNR], along with other state statutes, set forth the responsibilities of certain parties for the investigation and remediation of hazardous substance discharges and environmental pollution in Wisconsin. Chapters NR 700-754, Wis. Adm. Code, provide the specific steps and standards for conducting required investigation and remediation activities.

On January 23, 2019, the Natural Resources Board (NRB) approved statements of scope for emergency and permanent rulemaking. Following recent legislative changes to statute, and changes in terms and practices that occur over time, DNR is revising specific sections of chs. NR 700-754 to meet three main goals:

  1. meet an emergency rulemaking mandate within 2015 Wis. Act 204;
  2. attain consistency with statutory revisions made by 2017 Wis. Act 70 and 2015 Wis. Act 204, including revisions relating to contaminated sediments; and
  3. update references and clarify requirements and procedures as needed since the last set of rule revisions became effective in 2013.

Rule change process and public input

The DNR creates and revises administrative rules to implement statutes enacted by the Wisconsin State Legislature [exit DNR]. Administrative rules are laws that have the full force and effect of statute.

Public participation is a critical component of agency rulemaking. There are numerous opportunities to participate in the DNR rulemaking process.

Winter 2018/2019
  • Statement of Scope approved by DNR secretary, governor, NRB
Winter 2019 - Spring 2020
  • Rule development meetings - open to public
  • Preparation of proposed rule
  • Soliciation of information for economic impact analysis
(We are here)
Summer 2020
  • Rule development meetings complete
  • NRB notification (hearing authorization already approved)
Summer 2020 - Fall 2020
  • Economic impact analysis public comment period
Fall 2020
  • Public hearings on proposed rule
  • Public comment period
Winter 2020/2021
  • NRB meeting for adoption
  • Rule approved by governor
Spring 2021
  • Legislative review/hearings
Summer 2021
  • Rule signed by DNR secretary, rule published

Rule development meetings and tentative timeline

Given the size and scope of the effort required for rule changes of this type and the need for technical input, DNR is holding a series of rule development meetings to seek input on the rule changes.

Meetings will be held throughout 2019 at the dates and locations listed below. The meetings will public noticed, and prior to each meeting the department will provide an agenda and any materials for review. Rule development meetings are open to the public. When completed, there will be additional opportunities for public input and comments throughout the remainder of the rule-making process.

Upcoming meetings

Meeting date & time Location Resources
December 3, 2019
10 a.m. - 2 p.m.
Madison
State Natural Resources Building (GEF2)
Room G27
101 S. Webster St

Meeting and background material

  • A first draft of rules relating to 2015 Wis. Act 204 changes and the definition of “continuing obligations”
  • A first draft of rule revisions relating to 2015 Wis. Act 204 changes and continuing obligations for interim actions
  • A first draft of rule revisions relating to 2015 Wis. Act 204 and the rights and responsibilities of owners and occupants at sites with residual contamination
  • A second draft of rule changes relating to emerging contaminants
  • A second draft of rule changes relating to remedy selection (Wis. Admin. Code ch. NR 722)
  • A second draft of rule changes relating to notification and closure
January 9, 2020 Madison
State Natural Resources Building (GEF2)
Room 513
101 S Webster St
Resources will be available at least one week prior to the meeting.

Past meetings

Meeting date & time Location Resources
November 6, 2019
Madison
State Natural Resources Building (GEF2)
Room 513
101 S Webster St

Meeting and background material

October 1, 2019
Madison
State Natural Resources Building (GEF2)
Room G27A
101 S Webster St

Meeting and background material

September 5, 2019
Madison
State Natural Resources Building (GEF2)
Room G27A
101 S Webster St

Meeting and background material

August 6, 2019 Madison
State Natural Resources Building (GEF2)
Room G27A
101 S Webster St

Meeting and background material

  • Agenda
  • Meeting notes
  • Presentation
  • White paper on proposed rule revisions relating to the “continuing obligations” definition within Wis. Admin. Code ch. NR 714;
  • White paper on proposed rule revisions needed following 2015 Wis. Act 204 changes related to continuing obligations for interim actions;
  • White paper on proposed rule revisions needed following 2015 Wis. Act 204 changes relating to the rights and responsibilities of owners and occupants at sites with continuing obligations;
  • First draft of proposed rules relating to 2015 Wis. Act 204 requirements for financial responsibility at sites where engineering controls are used to address contaminated sediment (new ch. NR 756);
  • First draft of proposed rules relating to 2015 Wis. Act 204 requirements for insurance and other financial assurance requirements at Voluntary party Liability Exemption (VPLE) sites with contaminated sediment (new ch. NR 756); and
  • Second draft of proposed rule revisions regarding soil standards.
July 9, 2019 Madison
State Natural Resources Building (GEF2)
Room G09
101 S Webster St

Meeting and background material

June 4, 2019 Madison
State Natural Resources Building (GEF2)
Room G27A
101 S Webster St

Meeting and background material

May 7, 2019 Madison
State Natural Resources Building (GEF2)
Room G27A
101 S Webster St

Meeting and background material

  • Agenda [PDF]
  • Meeting Notes [PDF]
  • Presentation [PDF]
  • Introductory white paper [PDF] regarding draft rule revisions relating to: (1) financial responsibility for engineering control and structural impediment removal at sediment cleanup sites and related requirements, and (2) insurance or other forms of financial responsibility for Voluntary Party Liability Exemption (VPLE) sediment cleanup sites.
  • Introductory white paper [PDF] regarding proposed rule revisions to ensure adequate guidance within code for sites with contaminated sediments (chapters NR 700, NR 708, NR 716, NR 722, NR 724, NR 725, NR 726, NR 727, and NR 750).
  • First draft of proposed rule revisions [PDF] relating to 2017 Wisconsin Act 70 statutory changes regarding the use of the term "property" and property boundary changes at sites enrolled in the VPLE program (chapters NR 700, NR 750, NR 754, new chapter NR 758).
April 18, 2019 Madison
State Natural Resources Building (GEF2)
Room 513
101 S Webster St

Subgroup discussion

The subgroup will discuss rules relating to new statutory requirements for financial responsibility and financial assurance at certain contaminated sediment sites.

Meeting and background material

April 9, 2019 Madison
State Natural Resources Building (GEF2)
Room 513
101 S Webster St

Meeting and background material

March 5, 2019 Madison
State Natural Resources Building (GEF2)
Room G27A
101 S Webster St

Meeting and background material

  • Agenda [PDF]
  • Meeting Notes [PDF]
  • Introductory materials for drafting rules relating to (1) financial responsibility for engineering control and structural impediment removal at sediment cleanup sites and related requirements, and (2) insurance or other forms of financial responsibility for Voluntary Party Liability Exemption sediment cleanup sites:
  • Draft proposed rule changes [PDF] to address databased listings and notification requirements imposed by 2015 Wis. Act 204 , and related fees and procedures
February 5, 2019 Madison
State Natural Resources Building (GEF2)
Room 513
101 S Webster St

Meeting and background material

Economic impact analysis

The rule-making requirement to prepare an economic impact analysis (EIA) and solicit information for its preparation was part of 2011 Wisconsin Act 21 [PDF exit DNR]. An EIA must be prepared for every permanent proposed rule before the Natural Resources Board can authorize public hearings on the rules, per s. 227.137, Wis. Stats. [exit DNR]

The analysis must include information on the economic effect of the proposed rule on specific businesses, business sectors, public utility ratepayers, local governmental units and the state's economy as a whole.

Last revised: Thursday November 14 2019