Wisconsin Administrative Code

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…

NR 747.66 Bidder qualifications. (1) GENERAL. Bids may be submitted only by representatives of consulting firms which are registered under s. SPS 305.80 and which meet all eligibility requirements in this section and in the bid specifications. Note: The consulting firm retained b…

NR 747.67 Disqualification from bidding. (1) GROUNDS FOR DISQUALIFICATION. (a) The department may dis- NR 747.67 qualify from public bidding any individual or firm that has done any of the following: 1. Failed to complete a scope of work within a reimbursement cap established thr…

NR 747.68 Competitive public bidding process. (1) PUBLISHING THE REQUEST FOR BIDS. The department shall post a request for bids on the department[s Internet Web site. (2) SUBMITTING BIDS. Firms submitting public bids in response to the bid specifications shall comply with all of …

NR 747.69 Responsible party[s contract with a bidder. (1) CONTRACT WITH REMEDIATION CONSULTING FIRM. (a) Except as provided in pars. (c) or (d), no later than 60 days after the department issues the notification under s. NR 747.68 (7) (b) or (c), the responsible party shall execu…

NR 747.70 Monitoring the progress of the scope of work in the bid. (1) NOTIFICATION OF PROGRESS. (a) The consulting firm holding the contract required in s. NR 747.69 (1) (a) shall report to the department, in a format prescribed by the department, the progress toward completing …

NR 747.71 Special requirements for existing sites. (1) DEFINITION. For the purposes of this section, a site investigation in progress is any investigation that began but was not completed before May 1, 2006. (2) NOTIFICATIONS AND INITIAL INVESTIGATION PROGRESS REPORTS FOR INVESTI…

NR 749.01 Purpose. The purpose of this chapter is to establish fees to offset the department[s costs of providing assistance under ch. 292, Stats. The department[s authority to impose fees is found in ch. 292, Stats.

NR 749.02 Applicability. This chapter applies to persons seeking department assistance under ch. 292, Stats., except that most oversight fees for those persons seeking department assistance under s. 292.15, Stats., shall be paid in accordance with ch. NR 750. As listed in Table 1…

NR 749.03 Effective date. Beginning on February 15, 1999, persons requesting department assistance under ch. 292, Stats., shall pay the applicable fee listed in Table 1 for all submittals received after February 15, 1999. History: Cr. Register, January, 1999, No. 517, eff. 2-15-9…

NR 749.04 Fees. (1) When a person requests the department to review a document listed in Table 1, the person requesting this assistance shall pay to the department the applicable fees. A person may request that department assistance be provided in either written form or in the fo…

NR 749.05 Alternative fees for negotiated agreements. As part of a negotiated agreement, responsible parties may agree to pay the department an hourly fee for project oversight as determined by the provisions set forth in ch. NR 750. the chapter was last published.

NR 750.01 Purpose. The purpose of this chapter is to establish the procedures and criteria that the department shall use to process applications and assess and collect fees to provide oversight to persons undertaking response actions in accordance with s. 292.15, Stats. This chap…

NR 750.02 Applicability. This chapter applies to persons seeking department review and approval of the response actions that will be or have been undertaken to receive the protection of the liability exemption in s. 292.15, Stats. Note: The Land Recycling Law (1993 Wis. Act 453, …

NR 750.03 Definitions. In this chapter: (1) XApplicantY means the person seeking department review and approval of the response action that will be taken or has been undertaken to receive the protection of the liability exemption under s. 292.15, Stats. (2m) XEnvironmental invest…

NR 750.05 Application. (1) APPLICATION SUBMITTAL. An applicant shall submit to the department a completed application form for each property, requesting department oversight in reviewing and approving the proposed response actions. The applicant shall submit with each application…

NR 750.07 Assessment and payment of fees for department oversight on or after March 1, 1996. (1) ASSESSMENT OF OVERSIGHT FEES. Beginning on March 1, 1996, applicants shall pay oversight fees to offset department costs incurred on or after July 1, 1995, for activities conducted un…

NR 750.09 Completion of response actions. At the completion of all response actions taken by an applicant who is seeking the liability exemption under s. 292.15, Stats., the applicant shall request case closure in accordance with the requirements in ch. NR 726. The department sha…

NR 754.01 Purpose. This chapter establishes rules and procedures promulgated under s. 292.15 (2) (ae) 3m. and (e), Stats., that the department shall use to determine if voluntary parties have met the requirements under s. 292.15 (2) (ae), Stats., related to environmental insuranc…

NR 754.03 Applicability. This chapter applies to voluntary parties seeking an exemption from liability for voluntary party remediation under s. 292.15 (2) (ae), Stats., where groundwater contamination is in concentrations that exceed enforcement standards and the department deter…

NR 754.05 Definitions. In this chapter: (1) XDepartmentY has the meaning specified in s. 292.01 (2), Stats. Note: Section 292.01 (2), defines YdepartmentY to mean the department of natural resources. (2) XNatural attenuationY has the meaning specified in s. 292.15 (1) (am), Stats…

NR 754.07 Insurance requirement. A voluntary party seeking a liability exemption under s. 292.15 (2) (ae), Stats., shall pay the department the one-time insurance fee, submit an application form and comply with the requirements and procedures described in this chapter for the pro…

NR 754.11 Insurance application and fees. (1) GENERAL. A voluntary party seeking insurance under this chapter shall apply to the department on a form provided by the department and submitted to the following address: VPLE Coordi- NR 754.07 NR 754.11 NR 754.13 Insurance requiremen…