Wisconsin Administrative Code

NR 727.07 Notification of the agency with administrative authority regarding continuing obligations. For situations where a continuing obligation has been imposed under either s. NR 708.17, 722.15, or 726.13, the property owner shall notify the agency within 45 days prior to taki…

NR 727.09 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 requ…

NR 727.11 Fees. (1) REQUEST FOR REVIEW. A request for a review, a determination, or processing a change to the department database under this chapter may not be considered by the agency until proof of payment of the required fees has been received by the department[s remediation …

NR 727.13 Reopening closed cases. (1) The department may require additional response actions, including monitoring, for any case which has previously been closed by the department if information regarding site or facility conditions indicates that contamination on or from the sit…

NR 728.01 Purpose. The purpose of this chapter is to describe the tools that are available to the department to ensure compliance with chs. NR 700 to 754 and to implement response actions at sites or facilities with environmental pollution, and sites or facilities where there has…

NR 728.02 Applicability. This chapter applies to actions taken by the department under the authorities of chs. 289 and 292, Stats. History: Cr. Register, April, 1994, No. 460, eff. 5-1-94; am., Register, February,

NR 728.03 Definitions. In this chapter: (1) XEnvironmental agreementY means an agreement entered into by one or more persons and the department pursuant to ch. 292, Stats., which requires the performance of a response action at a site or facility which causes or threatens to caus…

NR 728.05 Referrals for rule violations. Any person who violates the requirements of chs. NR 700 to 754 or ch. 292, Stats., may be referred to the office of the attorney general by the department. Any person who is referred to the office of the attorney general by the department …

NR 728.06 Fees related to enforcement actions. The department may assess and collect fees from a person who is subject to an order or other enforcement action to cover the costs incurred by the department to review the planning and implementation of any environmental investigatio…

NR 728.065 Interest on recovered monies. (1) The department shall assess and collect interest on the unpaid balance of monies recovered by the department, when payments are made over time. (2) The interest rate shall be established at the time of the settlement, and may not be ch…

NR 728.07 Environmental agreements. (1) AGREEMENTS. The department may enter into an environmental agreement with any person for response actions pursuant to ch. 292, Stats., or into intergovernmental agreements with local governments or municipalities pursuant to s. 66.0301, Sta…

NR 728.09 Special orders. (1) EMERGENCY ORDERS. The department may issue emergency orders without prior hear- the chapter was last published. NR 728.09 WISCONSIN ADMINISTRATIVE CODE ing, pursuant to s. 292.11 (7) (c), Stats., to the person or persons responsible for a hazardous s…

NR 728.10 Entry of a property on the department database. (1) GENERAL. Where the department has information to demonstrate that the source of contamination is on the property and the property owner or other responsible party has failed to take adequate response action, the depart…

NR 728.11 Recording a notice of contamination. (1) GENERAL. Except for contamination caused by a discharge from a fuel oil tank used solely for residential purposes, the department may in addition to using the provisions in s. NR 728.10 and, after following the procedures in sub.…

NR 730.01 Purpose. The purpose of this chapter is to establish criteria for the department[s expenditure of moneys for Superfund state cost share purposes from the appropriations that are referenced in s. 292.31 (7) (b), Stats., and for determining a municipality[s responsibility…

NR 730.02 Applicability. This chapter applies to all cases where the department is considering signing a Superfund state contract with U.S. EPA, under the authority of s. 292.31 (7), Stats., in order to authorize the payment of a state cost share for a Superfund- financed remedia…

NR 730.03 Definitions. The definitions found in s. NR 700.03 apply to this chapter. History: Cr. Register, April, 1994, No. 460, eff. 5-1-94.

NR 730.05 Superfund state cost share. (1) COOPERATIVE AGREEMENTS AND SUPERFUND STATE CONTRACTS. The department may enter into cooperative agreements or Superfund state contracts with the U.S. EPA for the purpose of taking a response action under CERCLA. The department may use mon…

NR 730.07 Municipal cost share. (1) GENERAL. (a) The department may require a municipality that is not a potentially responsible party under CERCLA to pay up to 50% of the amount expended by the department, for a Superfund-financed the chapter was last published. NR 730.07 WISCON…

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…