Wisconsin Brownfields regulations & environmental compliance analysis

Wisconsin Brownfields: What you need to know

Governing Law and Regulations

Brownfields Site Assessment Grant (SAG) program: Wisconsin Administrative Code, Department of Natural Resources (NR) 168.01 to 168.25

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Eligible activities: NR 168.09

Application: NR 168.11

Eligible costs: NR 168.15

Ineligible costs: NR 168.19

Enforcement and termination: NR 168.23

Variances: NR 168.25

Green Space and Public Facilities grants: Wisconsin Statutes Annotated (WSA) 292.79

Liability clarifications: WSA 292.55

Brownfields Insurance Program: WSA 292.53

Regulatory Agencies

Wisconsin Department of Natural Resources (DNR) Remediation and Redevelopment Program Brownfields Environmental Assessment Program (BEAP)

U.S. Environmental Protection Agency (EPA) Region 5

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. Municipalities can receive free DNR services to determine whether environmental contamination exists on brownfields properties. See the national section BROWNFIELDS for additional guidance.

In addition, nonresponsible parties that clean up sites to background or groundwater standards may receive a certificate of completion from DNR that provides liability release. DNR also issues clarification letters to potentially responsible parties. This is an administrative release that contains no liability protection.

State law provides liability limits for lenders, fiduciaries, and municipalities that acquire ownership through transfer, tax delinquency, or bankruptcy. See the state sections PROPERTY TRANSFER and SUPERFUND for additional guidance. Wisconsin also offers environmental insurance to parties that are involved with the redevelopment of brownfield properties.

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