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

If you plan to attend the meeting, please RSVP to Molly Schmidt and state whether you will attend in person.
In-person attendees must RSVP to ensure building access on the meeting date. A call-in number will be available on the meeting agenda for those attending remotely.

Meeting topics

  • Proposed rules relating to new statutory requirements for (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.
  • Proposed rules relating to revisions to code to ensure adequate guidance within code for sites with contaminated sediments.
  • Proposed rules 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.

Note: for those attending in person, either a laptop that can connect to wireless internet or printed versions of the relevant statutes and administrative code may be useful for participating in discussions regarding statutory language and proposed rule changes (ch. 292, Wis. Stats, s. 289.41, Wis. Stats and ch. 520, Wis. Adm. Code).

June 4, 2019 Madison
State Natural Resources Building (GEF2)
Room G27A
101 S Webster St
Resources will be available at least one week prior to the meeting.
July 9, 2019 Madison
State Natural Resources Building (GEF2)
Room 513
101 S Webster St
Resources will be available at least one week prior to the meeting.
August 6, 2019 Madison
State Natural Resources Building (GEF2)
Room G09
101 S Webster St
Resources will be available at least one week prior to the meeting.
September 5, 2019 Madison
State Natural Resources Building (GEF2)
Room G27A
101 S Webster St
Resources will be available at least one week prior to the meeting.
October 1, 2019 Madison
State Natural Resources Building (GEF2)
Room G27A
101 S Webster St
Resources will be available at least one week prior to the meeting.
November 6, 2019 Madison
State Natural Resources Building (GEF2)
Room G09
101 S Webster St
Resources will be available at least one week prior to the meeting.
December 3, 2019 Madison
State Natural Resources Building (GEF2)
Room G27A
101 S Webster St
Resources will be available at least one week prior to the meeting.

Past meetings

Meeting date & time Location Resources
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]
  • 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: Friday April 19 2019