Wisconsin Administrative Code

NR 732.01 Purpose. The purpose of this chapter is to provide eligibility criteria and procedures for submitting, processing and approving requests for state reimbursement of monitoring costs incurred by a municipality, that is an owner or a past or present operator of a closed so…

NR 732.02 Applicability. This chapter applies to monitoring required of a municipality through the issuance of a special order by the department under the authority of s. 289.31 (7) (d), Stats. History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; correction made under s. 13.…

NR 732.03 Definitions. In this chapter: (1) XClosedY means no longer accepting solid or hazardous waste. (2) XEligible monitoring costY means expenditures incurred by a municipality for monitoring required by an order under s. 289.31 (7) (f), Stats., including expenditures for ge…

NR 732.05 Eligibility. (1) A municipality that is an owner or a past or present operator of a closed, nonapproved municipal landfill or waste site may seek reimbursement for any eligible costs of monitoring incurred pursuant to an order issued by NR 732.05 NR 732.07 NR 732.09 Eli…

NR 732.07 Applications for reimbursement. (1) Municipalities shall submit reimbursement applications on forms that are available from the department. Note: Copies of these forms may be obtained from the Department of Natural Resources, Bureau of Solid and Hazardous Waste Manageme…

NR 732.09 Reimbursement. (1) The department shall pay the total eligible monitoring costs incurred by the municipality pursuant to an order issued under s. 289.31 (7) (d), Stats., which exceed $3 multiplied by the municipal population, prior to making other payments from the envi…

NR 734.01 Purpose. The purpose of this chapter is to establish procedures that apply to the procurement of professional services of consultants by the department for projects related to hazardous substance discharge and environmental repair response actions. This chapter is adopt…

NR 734.02 Applicability. This chapter applies to the department[s selection of, and contract negotiations with, consultants which the department proposes to hire to conduct response actions under the authority of ch. 292, Stats. History: Cr. Register, April, 1994, No. 460, eff. 5…

NR 734.03 Definitions. In this chapter: (1) XConsultant data record formY means a form upon which consultants provide specific data requested by the department to facilitate evaluation of their performance capabilities, experience, personnel and staff and information on past proj…

NR 734.05 Consultant qualification list. (1) The department shall maintain a list of consultants interested in providing professional services to the department. Consultants who wish to be on the list may submit a consultant data record form to the department at any time, listing…

NR 734.07 Selection process. (1) A list of consultants that, based on an accurate and completed consultant data record form, possess the necessary capabilities for each proposed project shall be provided to the selection committee members. (2) The selection committee shall review…

NR 734.09 Committee nomination procedure. (1) Any member of the selection committee may nominate a consultant for consideration. The nominated consultant shall either be from the list of consultants supplied under s. NR 734.07 (1) or the consultant shall, at the request of the co…

NR 734.11 Request for qualifications. (1) The selection committee may request consultants who have submitted a consultant data record form to submit an additional statement of qualifications specific to a project. (2) Criteria for evaluating the project-specific qualifications sh…

NR 734.13 Public notice for proposals. (1) For projects having an estimated cost which exceeds $2,500,000, an invitation for any consultant to submit a project-specific statement of qualifications for consideration by the selection committee shall be published by the department a…

NR 734.15 Request for proposal. (1) Upon selection of one or more qualified consultants, the selection committee shall transmit to the consultants the department[s project scope of work and a request for a proposal for completing the project. (2) The selection committee may reque…

NR 734.17 Proposal review. In selecting a consultant for a project, the department shall consider the adequacy of the proposal submitted under s. NR 734.15, in addition to the information in subs. (1) to (5). (1) Past performance on similar projects. (2) Experience and expertise …

NR 734.19 Interview. (1) If the selection committee considers it necessary, the committee may interview one or more consultants for the purpose of discussing the department[s requested scope of services and the consultant[s proposed method to implement the department[s scope of w…

NR 734.21 Award of contract. (1) The department may negotiate the costs and scope of work for any project with a consultant. (2) Upon completion of contract negotiations, a contract shall be sent to the consultant for signature. (3) The contract shall be signed by the consultant …

NR 734.23 Performance reporting. The department may evaluate the performance of consultants, create a written record of that evaluation, provide summaries of the evaluation to the consultant, provide the consultant an opportunity to discuss the evaluation with the department and …

NR 736.01 Purpose. The purpose of this chapter is to establish procedures for the department to implement the award of contracts for environmental construction contracts pursuant to s. 23.41, Stats. This chapter is adopted pursuant to ss. 227.11 (2), 289.06 (1) and (2), 292.11, 2…

NR 736.02 Applicability. This chapter applies to the department[s bidding and award of environmental construction contracts with estimated construction costs that exceed $60,000, which the department proposes to enter into for response actions taken under the authority of s. 292.…

NR 736.03 Definitions. In this chapter: (2) XBidY means a completed standard bid form on which the bidder has set forth the price or prices for which the bidder shall be willing to enter into a contract to perform and complete the work bid, in full compliance with the contract do…

NR 736.05 Public notice. (1) All drawings and specifications for the project shall be available for distribution to prospective bidders on or before the date upon which the public notice for proposals shall be posted. The public notice for proposals shall specify the following in…

NR 736.07 Issuance of addenda. (1) The department may issue addenda during the bidding period to correct, alter or to provide clarification of the drawings and specifications or other contract requirements for the project being bid or to extend the bidding period. No oral correct…

NR 736.09 Submittal and receipt of bids. (1) All bids shall be submitted in sealed envelopes, unless otherwise directed by the department. The department may allow alternate methods of submitting and accepting bids. (2) For sealed bids, the bidder shall place all of the following…

NR 736.11 Withdrawal of bids. At any time before the date and time of bid opening, a bidder or the bidder[s representative may withdraw the bid without prejudice to the right of the bidder to submit a new bid. Withdrawal of a bid may be accomplished by one of the following method…

NR 736.13 Bid opening. (1) A representative of the department shall preside at the bid opening as the bidding officer. At the date and time for bid opening, the bidding officer shall announce to those in attendance that bidding is officially closed and public opening and reading …

NR 736.15 Rejection of bids. (1) The department shall reject any bid which evidences any of the following conditions: (a) The base bid amount and alternate bid amounts as requested in the specifications have not been entered on the bid form. (b) The bid form has not been signed b…

NR 736.17 Award of contracts. (1) The department shall award contracts to the lowest qualified responsible bidder which results in the lowest total construction cost for the project if such amount does not exceed the available funds authorized for the project. (2) The lowest qual…

NR 738.01 Purpose. The purpose of this chapter is to provide criteria for using state moneys from the environmental fund for temporary emergency water supplies, when water supply systems have been adversely affected by environmental pollution from a site or facility subject to s.…

NR 738.02 Applicability. This chapter applies to actions taken by the department under ch. 292, Stats., to provide temporary emergency water supplies to an affected party with a Xcontaminated wellY or Xcontaminated private water supplyY impacted by environmental pollution from a …

NR 738.03 Definitions. The following definitions apply to this chapter: (1) XAdvisoryY means a written opinion, issued by the department, containing a specific descriptive reference to the well or water supply and recommending that the well or water supply not be used because of …

NR 738.06 Eligible and ineligible services. (1) ELIGIBLE SERVICES. The department may use environmental fund moneys to pay for any of the following eligible services: (a) Obtaining a temporary emergency water supply for a maximum period of 6 months after the date of issuance of a…

NR 738.10 Request for temporary emergency water supply. Any affected party may make a request to the department for provision of a temporary emergency water supply. The written request shall be submitted to the department[s sec- 2 tion chief for the fiscal and information technol…

NR 738.11 Determination of eligibility. Except as otherwise provided in this chapter, an affected party may receive a temporary emergency water supply funded with moneys from the environmental fund if all of the following criteria are met: (1) The source of potable water is from …

NR 738.12 Department approval and payment. (1) GENERAL. The department shall evaluate requests for a temporary emergency water supply in accordance with the criteria in ss. NR 738.10 and 738.11. (2) OWNERSHIP. Provision of a temporary emergency water supply shall be contingent up…

NR 738.13 Denial of requests or termination of funding. The department shall deny a request or terminate the use of environmental fund moneys if one or more of the following applies to the affected party, contaminated well or contaminated water supply: (1) The request is not with…

NR 738.14 Variances. (1) GENERAL. The department may approve variances from provisions of this chapter when it is determined that variances do not conflict with statutory requirements, are essential to effect necessary actions or department objectives, and where special circumsta…

NR 747.01 Purpose. (1) PECFA FUND. The purpose of this chapter is to provide information on the Petroleum Environmental Cleanup Fund program, also referred to as the Petroleum Storage Environmental Remedial Action Fund and the Petroleum Storage Remediation Fund; outline the proce…

NR 747.015 Definitions. NR 747.02 Coverage.

NR 747.02 Coverage. (1) PETROLEUM PRODUCT STORAGE TANK SYSTEMS. Owners or operators of a petroleum product storage systems are eligible for reimbursement from the fund provided claims are for underground or aboveground petroleum storage systems that are one or more of the followi…

NR 747.025 Awards. NR 747.03 Emergency awards. Subchapter II — Program Eligibility NR 747.10 Initial claim eligibility. NR 747.11 Tank registration.

NR 747.03 Emergency awards. The department may, after determining that an emergency exists, make an award in advance of claims received prior to the emergency claim. The finding of an emergency shall be made based upon an immediate need to protect public health or safety. The fin…

NR 747.10 Initial claim eligibility. (1) GENERAL. (a) Responsible parties. Responsible parties may submit claims to the department pursuant to s. 292.63 (4), Stats., for reimbursement of eligible costs incurred because of a petroleum product discharge from a petroleum product sto…

NR 747.11 Tank registration. (1) The department has the authority to inventory and determine the location of aboveground and underground petroleum storage tanks systems as specified in s. 168.28 (2), Stats. Tank systems shall be registered with the department of agriculture, trad…

NR 747.115 Nonregistered tanks and out-of-service tanks. NR 747.12 Claim process. NR 747.13 Exclusive remedy and liability. NR 747.14 Right to recover actions. NR 747.15 Assignment of awards. Subchapter III — Reimbursement Procedures NR 747.30 Eligible cost items for remediation.

NR 747.12 Claim process. (1) APPLICATION. A claimant shall submit a claim in a format prescribed by the department, and shall include all of the following that are applicable: (a) For a claim covering the site investigation and the preparation of a remedial action plan, a copy of…

NR 747.13 Exclusive remedy and liability. The PECFA fund awards for remediation activities and is not intended to result in owners or operators or persons owning home oil tank systems making any profit or receiving duplicate payment in a remediation. As specified in s. 292.63 (7)…

NR 747.14 Right to recover actions. The department reserves the right to take action against an owner, operator or person owning a home oil tank system, or their agents or designees to recover any award or portion of an award resulting from a fraudulent claim. (1) RIGHT OF ACTION…

NR 747.15 Assignment of awards. By written notification to the department, a claimant may make an assignment of an award to an institution which lends money to the claimant for the purpose of conducting remediation activities reimbursed under this chapter, as specified in s. 292.…