Current through August 26, 2024
(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 processes and
procedures for filing a claim for an eligible remediation and specify the
process of determining award amounts.
(2) STATUTORY AUTHORITY. This chapter is
adopted pursuant to s.
292.63, Stats.
(3) INTENT OF PECFA.
(a) The PECFA fund does not relieve a
responsible party from liability. The individual or organization responsible
for a contaminated property shall carry out the remediation of that property.
PECFA's role is to provide monetary awards to responsible parties who have
completed and paid for PECFA-approved remediation activities and services. The
availability or unavailability of PECFA funding shall not be the determining
factor as to whether a remediation shall be completed.
(b) The responsible party shall be the
primary point for the control of costs within the PECFA program. The focus of
the program will be to maintain the responsible party as the central control
point throughout the claim process.
(4) CONTROL OF COSTS. The framework for the
control of costs within the PECFA program shall be based upon the responsible
party minimizing costs in all phases of the remediation. The primary structural
factors for the control of costs include the following:
(a) The selection of a consulting firm
through a comparison of at least 3 proposals. Once selected, the firm may only
provide professional consulting services on the remediation;
(b) The requirement to purchase or contract
for commodity services through the use of competitive bids;
(c) The consideration of the costs and
benefits of remediation alternatives;
(d) The use of environmental factors to
determine the eligible range of responses on a site;
(e) The use of site bundling and competitive
bidding to reduce costs;
(f) The
registration for participation in the PECFA program, only those consultants and
consulting firms which meet specific qualifying criteria and standards of
conduct; and
(g) The publication of
cost guidelines for cost-effective remediations.
(5) MOST COST-EFFECTIVE REMEDIATION
ALTERNATIVE. The PECFA fund shall ensure that awards are made for only the most
cost-effective remediation alternative. The department may allow a higher cost
alternative provided:
(a) The responsible
party assures personal payment of the difference in cost between the lowest
cost remediation and the higher cost alternative desired; or
(b) The department determines that the
objectives of the PECFA program would be furthered by the use of a specific
remedial technology.
