Updating the department database or continuing obligations

Updating the department database or continuing obligations. Updating the department database or continuing obligations. In order to evaluate any of the following situations, the agency may require that the person requesting a change submit information, as necessary: (1) Compliance with continuing obligations. The agency may require additional response actions be taken at sites or facilities closed with deed restrictions or where continuing obligations have been imposed under either s. NR 708.17 , 722.15 , or 726.13 , in cases where compliance with the restriction, condition, or continuing obligation has not been maintained. (2) Updating a groundwater use restriction. For cases that have been closed conditioned upon the recording of a groundwater use restriction, the responsible party or property owner may, at any time after groundwater contaminant concentrations fall below ch. NR 140 preventive action limits, apply for unconditional case closure and may request that the agency issue an affidavit that can be recorded at the county register of deeds office to give notice that the previously recorded groundwater use restriction is no longer required. The responsible party may also apply for a preventive action limit exemption under s. NR 140.28 if concentrations fall below ch. NR 140 enforcement standards and the appropriate criteria under s. NR 140.28 are met. Once an exemption is granted under s. NR 140.28 , the responsible party may request that the agency issue an affidavit that can be recorded at the county register of deeds office to give notice that an exemption has been granted under s. NR 140.28 and that the previously recorded groundwater use restriction is no longer required. (3) Updating a deed restriction. For cases that have been closed with a deed restriction that has since been satisfied, the responsible party or property owner may, at any time after the conditions necessitating a deed restriction have been either eliminated or satisfied and the restriction is no longer needed, request that the agency issue a written determination that can be referenced in an affidavit, confirming this situation. An affidavit can be then recorded at the county register of deeds office to give notice that some or all of the conditions, as applicable, in the previously recorded deed restriction are no longer required. (4) Removal from the department database. For cases that have been included on the department database under s. NR 708.17 , 722.15 , or 726.13 , the responsible party, property owner or other party may apply to the agency for removal of the site or facility or property, as applicable, from the department database. A site may not be removed from the database until all applicable standards have been met and all requirements imposed have been satisfied or nullified. A request may be submitted to the agency at any time after any of the following have been achieved: (a) Groundwater contaminant concentrations are below ch. NR 140 enforcement standards. (b) Soil contaminant concentrations are below ch. NR 720 soil standards. (c) Other requirements or continuing obligations imposed have been satisfied or nullified. (5) Modification of the department database. For cases that have been included on the department database under s. NR 708.17 , 722.15 , or 726.13 , the responsible party, property owner or other party may request that the department modify information on the department database at any time after any of the following have been achieved: (a) Groundwater contaminant concentrations are below ch. NR 140 enforcement standards. (b) Soil contaminant concentrations are below ch. NR 720 soil standards. (c) Other requirements or continuing obligations imposed have been satisfied or nullified. (6) Deed notices. (a) Deed notices that are required for modification or removal of a site or facility or property from the department database, or for another agency decision, shall be drafted in compliance with all of the following requirements: 1. The document shall be drafted as an affidavit in the format required by s. 59.43 (2m) , Stats. 2. The property’s legal description shall be typed onto the form or a copy of the legal description shall be attached and incorporated by reference. 3. The document shall be signed by the property owner or owners, and their signatures shall be notarized. (b) If a deed notice is required under this section, responsible parties shall record the deed notice within 90 days after the agency specifies that a deed notice is required.