Wisconsin Administrative Code
Department of Natural Resources
NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination
Chapter NR 747 - PETROLEUM ENVIRONMENTAL CLEANUP FUND
Subchapter VI - Competitive Public Bidding
Section NR 747.62 - Periodic progress reporting during a site investigation

Universal Citation: WI Admin Code § NR 747.62

Current through August 26, 2024

(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 investigation shall periodically submit reports to the department in a format prescribed by the department, no later than the recurring, earlier of the following dates:

1. The anniversary date of the contract between the firm and the responsible party, except as provided in par. (b).

2. The end of the calendar month that follows the month of completion of each investigative phase specified by the department.

Note: See sub. (3) for information on directives from the department to carry out specific investigation activities.

Note: See sub. (4) for filing a notice of completion of an investigation.

(b) After a report is filed under par. (a) 2., the anniversary shall be based on the date of that report.

(c) For occurrences that are not covered under s. 101.144(2) (b), Stats., the department shall send the DNR a copy of the reports received under par. (a).

Note: See s. NR 747.71 for special requirements for existing sites.

(2) DEPARTMENT RESPONSE TO INVESTIGATION PROGRESS REPORTS. After receiving a progress report under sub. (1), the department shall record the receipt and send a written response to the responsible party and the consulting firm, providing an assessment of the financial management of the investigation, an assessment of the estimate of the cost to complete the investigation for the occurrence, and a decision, if possible, of whether or not the occurrence is subject to the public bidding process in s. NR 747.68.

(3) DIRECTIVES FROM THE DEPARTMENT TO CARRY OUT SPECIFIC INVESTIGATION ACTIVITIES. At any time during the investigation, the department may direct the responsible party and the consulting firm to carry out specific activities necessary to achieve the most cost-effective collection of investigation data necessary to determine whether the occurrence is subject to competitive public bidding and to define a closure standard, remediation target, or scope of work for the remediation.

(4) NOTICE OF COMPLETION OF INVESTIGATION.

(a) By the end of the calendar month that follows the consulting firm's development of all investigation data necessary to define either the remediation target or the scope of the remediation for an occurrence, the firm shall file with the department a notice of completion of an investigation, on a form prescribed by the department.

Note: As established in s. NR 747.30(2) (o) and (i), the department will not reimburse costs, including interest cost, for any work performed after submittal of the notice of completion under this subsection and prior to the department's issuance of a response under sub. (5).

(b) For occurrences that are not covered under s. 101.144(2) (b), Stats., the department shall send the DNR a copy of the notice received under par. (a).

(5) DEPARTMENT RESPONSE TO NOTICE OF COMPLETION. After receiving a notice of completion of an investigation of an occurrence, the department shall send a written response to the responsible party and to the consulting firm, containing a decision by the department on whether the occurrence is subject to public bidding, or whether the responsible party may proceed to remediate the occurrence or take other action directed by the department.

Note: See s. NR 747.623 for determining which occurrences are subject to public bidding.

Note: See ss. NR 747.325 and for 747.337 cost controls for work that is not subject to public bidding.

Note: As established in s. NR 747.30(2) (p) and (i), the department will not reimburse costs, including interest costs, for any work performed more than 5 business days after the department issues a decision under this section that an occurrence is subject to the public bidding process in s. NR 747.68, if the work is conducted outside of that process.

(6) PROVIDING DEPARTMENT RESPONSES TO THE DNR. For occurrences that are not covered under s. 101.144(2) (b), Stats., the department shall send the department a copy of all written departmental responses issued under this section.

This paragraph is no longer effective and is subject to future repeal. Section 101.144, Stats., was repealed by 2013 Wis. Act 20. The "department" in this paragraph refers to the department of safety and professional services, which no longer has responsibility for occurrences under this section.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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