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Contaminated Lands Environmental Action Network (CLEAN)

Wisconsin’s Remediation and Redevelopment Program – A National Model

Wisconsin DNR’s Remediation & Redevelopment (RR) Program is a unique environmental cleanup program, designed to assist in the investigation, cleanup and redevelopment of contaminated properties. This comprehensive, streamlined cleanup approach, which consolidates state and federal cleanup efforts into one single program, is viewed as a national model by local, state and federal agencies. This consolidation offers a single point of contact for public and private entities conducting cleanups, which results in greater time and cost savings and more efficient government regulation.

The RR Program also has a One Cleanup Program Memorandum of Agreement with the U.S. Environmental Protection Agency (EPA) Region 5 that mirrors this comprehensive cleanup model.

What the RR Program Oversees

Generally, the Remediation and Redevelopment Program is responsible for overseeing the investigation and cleanup at:

  • properties that have soil and/or groundwater contamination; including those properties where contamination may have migrated off-site to other properties;
  • contaminated properties that may be cleaned up and redeveloped, i.e. brownfield properties;
  • spills of waste or product materials – both new and historic spills;
  • leaking underground storage tanks (LUSTS);
  • hazardous waste closures and corrective actions;
  • Superfund sites; and
  • closed solid waste landfills.

It is estimated that there are more than 13,000 contaminated properties in need of clean up in Wisconsin; of these, approximately 8,000 are considered brownfields (“brownfields” are defined as abandoned or underused properties with real or perceived contamination, which hinders the cleanup and redevelopment of those properties). To date, the RR Program has issued close out letters (i.e. the state determined the site has been cleaned up to standards and no further action is required) for more than 22,000 properties.

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Working with the RR Program

The RR Program generally deals with persons who fit one of three situations:

  1. persons who caused a discharge of a hazardous substance to the environment;
  2. persons who have purchased (or are interested in purchasing) property contaminated by former landowners; or
  3. persons impacted by contaminated property, such as those individuals whose property was contaminated by an off-site source.

If a person caused a discharge of a hazardous substance, or controls or possesses a hazardous substance (i.e. owns or purchases a contaminated property), that person is subject to the state Spills Law (Statute 292, Wisconsin Statutes). If a person is subject to the Spill Law, he/she is required to follow the investigation and cleanup steps established in Chapter NR 700 of the state's Natural Resources Administrative Code, and needs to work with RR Program staff to take appropriate actions and return the property to acceptable conditions in accordance with state standards.

Chapter NR 700, Wis. Adm. Code, was developed to provide a single, comprehensive template for parties to follow when responding to environmental contamination. It includes procedures outlining the responsibilities for investigations, remedy selection, soil standards, interim actions, public notification, operation and maintenance, and closure – i.e., when RR Program staff determine there's no need for further action at the property and it can be "closed out". For the RR Program, NR 700 applies to any hazardous substance discharge, regardless of its source – e.g., LUST, industrial spill, landfill or hazardous waste.

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Role of the RR Program in Cleanups

Persons who cause a discharge or own a contaminated property are sent letters by RR Program staff requiring that they take appropriate environmental actions, and the rules governing environmental cleanups establish specific qualifications for conducting environmental work. Therefore, many people who receive a letter from the RR Program hire a private environmental consultant to assist with that work. Please see our Selecting An Environmental Consultant page for more information.

The RR Program also provides a wide variety of technical oversight and assistance (i.e. investigation and cleanup assistance), but does not necessarily provide technical oversight on all aspects of the project. In addition, staff will provide redevelopment assistance when a party specifically requests it – this redevelopment assistance may include "Green Team" meetings or providing several types of assurance letters (e.g. an off-site liability exemption letter). Please note that several types of technical and redevelopment assistance may require a fee (click here for more information about RR Program Services and Fees).

Where a party will not proceed in a timely manner, the RR Program has enforcement authority to compel a party to proceed. Regardless of whether a party volunteers or the state takes enforcement actions, in both cases the party must follow the NR 700 administrative rule series to ensure the property is investigated and cleaned up to state standards.

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Types of Assistance Available from the RR Program

Since the 1980s, the DNR (and in the 1990s, the DNR’s RR Program) has provided oversight for parties who want to investigate and clean up contaminated properties. At the end of a cleanup, staff determine whether there is a need for further action or if the property can be "closed out." The RR Program provides a "close out letter" as the main documentation that no further action is required. The close out could either be for a known contamination source or for a property-wide cleanup. Along with state administrative rules, the close out letter, while not a covenant not to sue, create a clear and high standard for re-opening the site – for example, when there is a known health and/or safety threat to the public and/or the environment.

In the mid-1990s, the RR Program developed additional types of assistance for a wide variety of issues at a site, including redevelopment assistance at brownfields.

Federal Removals - In certain situations where contamination poses an imminent threat to the public and/or the environment, RR Program staff will partner with EPA and local officials to utilize Superfund dollars and address those threats via emergency removals (e.g. a transportation accident) and non-emergency, “time critical” removals (e.g. asbestos contamination). For more information, please see Federal Removals Assistance For Local Governments (RR-746) [PDF 61KB].

RR Program staff are located throughout the state to assist you with the investigation, cleanup and potential redevelopment of your property. For more information, please consult our How To Contact Us page. Also, please view our main RR Program page.

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If you have questions about this page, contact:

Andrew Savagian

Last Revised: Monday October 05 2009