Continuing Obligations to Protect Public Health and the Environment

There are various situations when a property owner has continuing obligations on a contaminated site. Some are legal obligations that are required after a site receives closure (cleanup approval); others are obligations that are required before a site receives closure. Properties with continuing obligations are listed in the GIS Registry. One universal obligation is for DNR to pre-approve any plans to construct or reconstruct a water supply well, so that the well will provide clean water. Well drillers may assist property owners in completing the GIS Registry Site Well Approval Application (Form 3300-254).

• Post Site-Closure Continuing Obligations
• Pre Site-Closure Obligations
• Locating Continuing Obligations in Wisconsin’s GIS Registry

Post Site-Closure Continuing Obligations

1. Residual Contamination

2. Monitoring Wells That Need to be Abandoned

Sometimes a person responsible for completing a cleanup is not able to locate and properly abandon a groundwater monitoring well. Typically this happens when vehicles such as snow plows destroy the above-ground portion of the well. This poses an environmental risk because the open pipe into the soil provides an easy route for pollutants at the surface to reach the groundwater.

Owners of properties that are included in the GIS Registry due to “lost” monitoring wells have these responsibilities.

1. Properly abandon the groundwater monitoring well in accordance with Chapter NR 141.25, Wis. Admin. Code, as soon as the well can be located.
2. Conduct proper sampling, handling and treatment or disposal of contaminated soil if any area of residual contamination is disturbed.
3. Obtain prior approval from DNR to construct or reconstruct a water supply well, if such work is planned, in order to protect the well from contamination.

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Pre Site-Closure Obligations

1. Obligations for Local Governments

In Wisconsin, local government units may “involuntarily” acquire contaminated property without incurring the responsibility for environmental cleanup if they comply with certain legal conditions. Please see the Local Governments and Contaminated Property web page for more information about this statutory liability exemption. It includes our fact sheet Liability Protection for Local Governmental Units and Economic Development Corporations.

In situations where a local government acquires a contaminated property subject to the local government liability exemption, it may have some continuing obligations to protect public health and the environment even though it is not required to complete an environmental cleanup. If the local government plans to use the property, it would be required to take the “necessary actions to reduce to acceptable levels any substantial threats.” The Department of Natural Resources (DNR) may require a focused remedial action that is based on the known environmental conditions and the intended use of the property.

For example, if a community intends to use a contaminated property as a park, it may need to cover contaminated soil with clean soil and vegetation in order to prevent public contact with contaminated soil. In the event that the community requests DNR’s input about the intended use of the property and DNR directs such a public health control, this continuing obligation would be recorded in DNR’s GIS Registry.

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Locating Continuing Obligations in Wisconsin’s GIS Registry

DNR’s GIS Registry is Wisconsin’s map-based system to find properties with continuing obligations due to residual contamination. This information may be helpful to property owners, purchasers, lenders, local government officials and others.

The GIS Registry includes portable document format (PDF) copies of certain maps, data tables and the state’s closure letter, as well as links to more information in DNR’s on-line database. A good source of information is the state’s closure letter. This letter states that no additional environmental cleanup is needed in the specified area, closes the state’s active file and includes specific information about how to manage the residual contamination.

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For more information about this page, contact:

Laurie Egre, 608.267.7560