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 747.71 - Special requirements for existing sites

Universal Citation: WI Admin Code § NR 747.71

Current through August 26, 2024

(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 INVESTIGATIONS IN PROGRESS. For site investigations in progress on May 1, 2006, the notification form in s. NR 747.60(1) and the first investigation progress report under s. NR 747.62 for each occurrence shall be submitted no later than 60 days after that date.

(3) SUBSEQUENT REQUIREMENTS. Upon submittal of the notification and report under sub. (2), all of the requirements in s. NR 747.62 shall apply, except the requirement for submitting the initial investigation progress report.

Note: The department forms required in this chapter are available from the Wisconsin DNR, Bureau for Remediation & Redevelopment, P.O. Box 7921, Madison WI 53707-7921, or at http://dnr.wi.gov/topic/brownfields/pecfa.html.

(4) OCCURRENCES WITH PREVIOUSLY COMPLETED SITE INVESTIGATIONS. An occurrence for which a site investigation was completed prior to May 1, 2006 shall be subject to the public bidding process in s. NR 747.68 when so determined by the department under s. NR 747.325 or 747.623.

(5) OCCURRENCES WITH REIMBURSEMENT CAPS DETERMINED THROUGH PREVIOUS PUBLIC BIDDING. For occurrences with reimbursements caps determined through the public bidding process under s. 292.63(3) (cp), Stats., prior to May 1, 2006, all of the requirements in s. NR 747.70 shall apply, except as follows:

(a) The consulting firm performing the work in the bid specifications shall submit the initial progress report required in s. NR 747.70(1) (a) 1. 3 months after May 1, 2006.

(b) The consulting firm performing the work in the bid specifications shall submit the progress report required in s. NR 747.70(1) (a) 2. 12 months after May 1, 2006.

(c) Reimbursement for the progress reports required in s. NR 747.70(1) (a) shall be in addition to the reimbursement that was previously established through the public bidding process, but may not exceed the reimbursement which is specified for these reports in the department's schedule of usual and customary costs, as established under s. NR 747.325.

(d) The reimbursement cap used in s. NR 747.70(2) shall be the reimbursement cap determined through the public bidding that preceded May 1, 2006.

(e)

1. For occurrences under the direction of the department, the department may review and modify the reimbursement cap prescribed in par. (d), and may reinitiate competitive bidding through the public bidding process in s. NR 747.68, if the modification is necessary to obtain compliance with s. 292.63(3) (c) 3, Stats., and with enforcement standards.

2. For occurrences under the direction of the department, the department may review and modify the reimbursement cap prescribed in par. (d), and the department may reinitiate competitive bidding through the public bidding process in s. NR 747.68, if the modification is necessary to obtain compliance with s. 292.63(3) (c) 3, Stats., and with enforcement standards.

Note: Under s. 292.63(3) (c) 3, Stats., a responsible party must "Conduct all remedial action activities at the site of the discharge from the petroleum product storage system or home oil tank system necessary to restore the environment to the extent practicable and minimize the harmful effects from the discharge as required under s. 292.11, Stats."

(f) Section NR 747.70(4) (a) 5. and 6. does not apply.

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