Brownfield Clean Up Costs and Technical and Redevelopment Assistance (NR 749)
Most Recent Action
Statement of Scope published in the Wisconsin Administrative Register, May 31, 2010
Background
1997 Wisconsin Act 27, a budget bill, authorized the DNR to collect fees to off-set the cost of technical and redevelopment assistance being provided through the DNR’s Remediation and Redevelopment (RR) Program.
NR 749 Wis. Admin. Code specifies the fees that are assessed when parties request the RR Program review documents or provide other related assistance associated with environmental contamination. The fee structure has not been modified since the rule was originally promulgated in September, 1998. Projections suggest that by the end of the current biennium, fee collections will no longer be sufficient to cover the cost of administering the program.
| Type of Assistance Letter | Statutory Citation | Fee |
|---|---|---|
| Tax Cancellation Agreement | ss. 75.105(2)(d) and 292.55 | $500 |
| Negotiated Agreements | s. 292.11(7)(d)2 | $1000 |
| Off−site Letters | s. 292.13(3) | $500 |
| Lender Assessments | s. 292.21(1)(c)1.d. | $500 |
| Negotiation and Cost Recovery | s. 292.35(13)(a) | Local governmental units in the negotiation and cost recovery process in s. 292.35, Stats., shall pay fees for each service requested. |
| General Liability Clarification Letters | s. 292.55 | $500 |
| Lease Letters − Single Properties | s. 292.55 | $500 |
| Lease Letters − Multiple Properties | s. 292.55 | $1000 |
| Case Close−out by the Department under ch. NR 726 (b) | s. 292.55 | All requests for case closure need to be accompanied by the review fee in order to be considered complete. |
| Cases with no groundwater contamination exceeding ESs | $750 | |
| Cases with groundwater contamination exceeding ESs | $1000 | |
| Adding a Site to the GIS Registry | s. 292.55 | |
| Cases submitted for closure with groundwater exceeding ESs to agencies other than the department |
$250 | |
| Cases submitted for closure with soil contamination exceeding RCLs | $200 | |
| Site Investigation Workplan | s. 292.55 | $500 |
| Site Investigation Report | s. 292.55 | $750 |
| Site Specific Soil Cleanup Standards; NR 720.19 Reports | s. 292.55 | $750 |
| Remedial Action Options Report | s. 292.55 | $750 |
| Remedial Design Reports | s. 292.55 | $750 |
| Operation and Maintenance Reports | s. 292.55 | $300 |
| Construction Documentation Report | s. 292.55 | $250 |
| Long−term Monitoring Plans | s. 292.55 | $300 |
| No Further Action Letters under ch. NR 708 (c) | s. 292.55 | $250 |
| Other Technical Assistance | s. 292.55 | $500 |
Authority
The DNR’s authority to impose fees is found is Chapter 292 Wis. Stats., specifically ss. 292.11(7)(d)2., 292.13(3), 292.21(1)(c)1.d., 292.35(13) and 292.55(2).
The DNR specifies the fee amounts in NR 749 Wis. Admin. Code.
Proposed Fees
The proposed fees have not been released.
Related Documents
DNR’s RR Program Service and Fees webpage