Wisconsin Administrative Code

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.…

NR 747.30 Eligible cost items for remediation. (1) ELIGIBLE COSTS. (a) Costs related to the categories in pars. (b) to (g) may be reimbursed under the scope of this chapter. (b) Costs associated with emergency action, site investigation and remedial plan development, remediation,…

NR 747.305 Costs associated with loans. NR 747.31 Incentives for cost-effective remediation.

NR 747.31 Incentives for cost-effective remediation. (1) GENERAL. The department may make incentives available to responsible parties who use the most cost-effective remediation methods and alternatives or participate in the voluntary bundling of sites for remediation purposes. (…

NR 747.325 Usual and customary costs. NR 747.33 Comparative proposals and bid processes for remediation activities and services.

NR 747.33 Comparative proposals and bid processes for remediation activities and services. (1) Except for home oil tank owners and department approved emergency actions, the purchase of consulting and commodity services, not already covered by a detailed written contract, as of F…

NR 747.335 Site investigation and remedial action plan development cap.

NR 747.337 Site investigation and remedial action.

NR 747.338 Review of existing sites.

NR 747.339 Cost effective remediations. NR 747.34 Reduction of deductible, based on financial hardship.

NR 747.34 Reduction of deductible, based on financial hardship. (1) The deductible amount specified in s. 292.63 (4) (dg), Stats., for underground petroleum product storage systems may be reduced by the department to $2500, where proof of financial hardship is established in acco…

NR 747.355 Award payments for claims received by the department on or after April 21, 1998. Note: Chapter ILHR 47 was created as an emergency rule effective January 1, 1993. Chapter ILHR 47 was renumbered Chapter Comm 47 under s. 13.93 (2m) (b) 1., Stats., and corrections made un…

NR 747.36 Third-party claims. (1) GENERAL. A responsible party may file a claim with the department for the reimbursement of an amount paid to third parties for personal injury to another individual or off-site property damage associated with a petroleum product discharge from an…

NR 747.37 Recovery of awards. Sale of remedial equipment or supplies shall comply with s. 292.63 (5) (a), Stats. Note: Section 292.63 (5) (a), Stats., reads as follows: XIf a person who received an award under this section sells equipment or supplies that were eligible costs for …

NR 747.40 Reimbursement and credentials. Remedial consulting services and activities performed by individuals and firms who do not have the applicable credentials under ss. SPS 305.80 and 305.81 to participate in the PECFA program may not be reimbursed under the scope of this cha…

NR 747.41 Laboratories and drilling firms. (1) INSURANCE. (a) As of March 1, 1994, all laboratories performing work under the PECFA program shall obtain and maintain errors and omissions (professional liability) coverage of no less than $1,000,000 per claim, $1,000,000 annual agg…

NR 747.42 Field and financial audits. (1) GENERAL. The department shall routinely investigate remediation sites to establish that the remediation is appropriate and that costs incurred reflect the remediation services and activities. (2) APPLICABILITY. The department may conduct …

NR 747.50 Notifying the department of real estate transactions. (1) PROPERTY TRANSFER OR LEASE. The owner or operator or person owning a home oil tank system shall notify the department of any real estate transaction affecting the ownership or operation of a remediation site. (2)…

NR 747.52 Dispute resolution procedures. (1) Any person, including, but not limited to, owners, operators, persons owning home oil tank systems and their agents may submit a written complaint to the department regarding a consultant, consulting firm or other service provider. (2)…

NR 747.53 Appeals and hearings. (1) APPEALS. (a) General. A responsible party, agent, consultant or consulting firm may request a hearing with the department, as specified in s. 227.42, Stats., on any decision affecting that person[s legal rights except as specified in ss. NR 747…

NR 747.54 Arbitration. (1) APPLICATION. (a) If a claimant who files an appeal under s. NR 747.53 requests use of arbitration and if the amount at issue is $100,000 or less, the appeal shall be processed under this section. (b) 1. A request for arbitration shall be considered as a…

NR 747.60 Selection of an investigation consulting firm and notification to the department. (1) INITIAL CONTRACT. (a) No later than 14 days after a PECFA-registered consulting firm executes or terminates a written contract with a responsible party for investigating a discharge fr…

NR 747.61 Management during a site investigation. (1) CONSULTING FIRM[S RESPONSIBILITIES FOR THE INVESTIGATION. The consulting firm selected to perform the investigation shall be responsible for planning and completing all investigation activities in the most cost-effective manne…

NR 747.62 Periodic progress reporting during a site investigation. (1) FREQUENCY OF REPORTS. (a) To inform the department of the consulting firm[s progress and the estimated cost of work remaining in the investigation for each occurrence, the consulting firm for a site investigat…

NR 747.623 Assignment to public bidding.

NR 747.625 Claim submittal required. NR 747.63 Exemptions from competitive public bidding. NR 747.64 Bidding completion of an investigation. NR 747.65 Department to determine scope of work to be bid. NR 747.66 Bidder qualifications. NR 747.67 Disqualification from bidding. NR 747…

NR 747.63 Exemptions from competitive public bidding. (1) GENERAL. Pursuant to s. 292.63 (3) (cp), Stats., the following exemptions may apply to an occurrence: (a) The department may waive the public bidding process in s. NR 747.68 for the reasons set forth in s. 292.63 (3) (cp) …

NR 747.64 Bidding completion of an investigation. (1) INVESTIGATION ACTIVITIES MAY BE BID. During a site investigation, if either the department determines that an occurrence is subject to the public bidding process in s. NR 747.68, the department shall proceed under either of th…

NR 747.65 Department to determine scope of work to be bid. Prior to public bidding, the department shall determine whether the scope of work to be bid will be the work necessary to achieve closure, work to a defined remediation target, or completion of a defined set of activities…