reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 738 - Temporary Emergency Water Supplies › Section NR 738.14 - Variances

Current through June 24, 2024
(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 circumstances make
				variances in the best interests of the state.
(2)FINANCIAL HARDSHIP.
(a) The department may grant a variance from
				s.
				NR
				738.06 to allow payment of costs under this chapter
				toward a permanent replacement water supply if the following conditions are
				met:
1. The well owner is the affected
				party.
2. The well owner requests a
				variance based upon the financial hardship criteria in par. (c) and submits
				evidence, including family income, to justify the financial hardship
				claim.
3. The well owner has
				submitted a claim and has been issued an award or a proceed notice under s.
				NR
				123.23.
4.
				The department determines that the cost of the permanent replacement water
				supply would create an unreasonable financial hardship for the well
				owner.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 746 - AGENCY ROLES AND RESPONSIBILITIES FOR PETROLEUM CONTAMINATED SITES (REPEALED) › Section NR 746.01 - Purpose (Repealed)

Current through June 24, 2024
As part of 2013 Wis. Act 20, s.
					 101.144, Stats., was
					 repealed and Department of Safety and Professional Services authority for the
					 PECFA Program was transferred to the Department of Natural Resources, which
					 makes this rule largely unnecessary. The department of natural resources
					 intends to initiate a future rulemaking to repeal this chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 746 - AGENCY ROLES AND RESPONSIBILITIES FOR PETROLEUM CONTAMINATED SITES (REPEALED) › Section NR 746.03 - Definitions (Repealed)

Current through June 24, 2024
Because the term "discharge" has been interpreted by the
					 Wisconsin supreme court to include the migration of hazardous substance
					 contamination after it is released to the environment, the term "site" includes
					 all areas to which petroleum product contamination has migrated, including
					 areas not on the source property. The term "site" and "source property" are not
					 synonymous. A "site" can be larger or smaller than a "source property." The
					 term "site" is synonymous with the term "occurrence" as that term is used in
					 ch. NR 747. The term "site" is used here in order to establish common
					 terminology that will be used by both the department of safety and professional
					 services and the department of natural resources in the implementation of ch.
					 NR 746.
Section
					 NR
					 700.03(58) defines "soil" to mean
					 "unsaturated organic material, derived from vegetation and unsaturated, loose,
					 incoherent rock material, of any origin, that rests on bedrock other than
					 foundry sand, debris and any industrial waste."
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 I - Purpose, Authority and Application › Section NR 747.01 - Purpose

Current through June 24, 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.
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 I - Purpose, Authority and Application › Section NR 747.02 - Coverage

Current through June 24, 2024
(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 following:
(a) Commercial tank systems larger than 110
				  gallons capacity.
(b) Heating oil
				  tank systems where the petroleum product is sold.
(c) Farm or residential tank systems larger
				  than 1,100 gallons capacity and not storing heating oil for consumptive use on
				  the premises.
(d) Tank systems
				  storing gasoline, diesel fuel or other vehicle fuel, other than residential
				  tanks of 1,100 gallons or less capacity.
(e) Farm vehicle fuel systems of 1,100
				  gallons or less capacity, which meet the requirements in s.
				  292.63(4) (ei)
				  1m a., Stats., regarding farm size and farm
				  income, and is used to store products not for resale.
(f) Heating oil tank systems owned by public
				  school or technical college districts, supplying heating oil for consumptive
				  use on the premises.
(g) Tank
				  systems located on trust lands of an American Indian tribe or band if the owner
				  or operator's tank system would be otherwise covered under pars. (a) to (f) and
				  the owner or operator complies with this chapter and ch. ATCP 93 and obtains
				  all applicable agency approvals.
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 I - Purpose, Authority and Application › Section NR 747.025 - Awards

Current through June 24, 2024
(1) GENERAL.
(a) If the department determines that the
				  claimant meets all of the eligibility requirements of this chapter, the
				  department shall determine a deductible amount and issue an award to reimburse
				  the claimant for eligible costs incurred in a remediation.
(b) The department may not issue an award
				  before all eligible costs have been incurred unless the department determines
				  that the delay in issuing the award would cause a financial hardship to the
				  owner, operator or the person owning a home oil tank system. The department may
				  issue progress payments when sufficient evidence of completion of various
				  activities, as specified in ss.
				  NR
				  747.12 and is 747.355 received.
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 I - Purpose, Authority and Application › Section NR 747.03 - Emergency awards

Current through June 24, 2024
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 finding of an emergency may not be
					 based upon financial hardship of the responsible party or its agent. A
					 determination that no emergency exists may not be appealed to the
					 department.
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 II - Program Eligibility › Section NR 747.10 - Initial claim eligibility

Current through June 24, 2024
(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 storage system or home oil tank
				  system.
1. If a responsible party is not the
				  sole owner of the site, an Owner Assignment Certification form (ERS-8070) shall
				  be filed with the department to establish one entity to submit the claim and
				  receive the award under this chapter.
2. The responsible party, owner or operator,
				  agent or an assignee, as established in subd. 1., may submit a claim if all of
				  the following are performed:
a. Documentation
				  that the source of a discharge or discharges is from a petroleum product
				  storage system or home oil tank system;
b. Notification to the department, before
				  conducting a site investigation or remedial action activity, of the potential
				  for submitting a claim under this chapter, except in emergency situations as
				  provided under s. 292.63(3) (g),
				  Stats.;
c. Registration of the
				  petroleum product storage system or the home oil tank system with the
				  department of agriculture, trade and consumer protection under ss.
				  168.21 to
				  168.26,
				  Stats.;
d. Report of the discharge
				  in a timely manner to the division of emergency government in the department of
				  military affairs or to the department, according to the requirements under ch.
				  292, Stats.;
e. Investigation of
				  the degree and extent of environmental damage caused by the discharge from a
				  petroleum product storage system or home oil tank system;
f. Recovery and proper disposal of any
				  recoverable petroleum products in the discharge from a petroleum product
				  storage system or home oil tank system;
g. Disposal of any residual solid or
				  hazardous waste in a manner consistent with local, state and federal laws,
				  rules and regulations;
h.
				  Verification that the owner has maintained the site in compliance with laws and
				  rules of the state concerning the storage of petroleum products; and
i. Restoration of the environment according
				  to applicable standards using the most cost-effective approvable alternative
				  available.
3. Owners or
				  operators, or persons owning home oil tank systems, who were not owners or
				  operators, or who were not persons owning home oil tank systems, when a
				  petroleum product discharge occurred, and who meet all of the conditions of
				  this section, may submit a claim for an award under the scope of this
				  chapter.
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 II - Program Eligibility › Section NR 747.11 - Tank registration

Current through June 24, 2024
(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,
				  trade and consumer protection on forms provided by the department of
				  agriculture, trade and consumer protection. Eligibility determination of awards
				  under the scope of this chapter requires prior tank registration.
(2) All aboveground petroleum product storage
				  tank systems shall be registered with the department. Exceptions are for any of
				  the following:
(a) Pipeline
				  facilities.
(b) Tank systems of 110
				  gallons or less capacity.
(c)
				  Residential tank systems of 1,100 gallons or less capacity.
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 II - Program Eligibility › Section NR 747.115 - Nonregistered tanks and out-of-service tanks

Current through June 24, 2024
(1) All aboveground
				  and underground petroleum storage tanks not previously registered, having no
				  completed Underground Petroleum Product Tank Inventory form (ERS-7437) or
				  Aboveground Petroleum Product Tank Inventory form (ERS-8731) on file with the
				  department, shall be registered prior to submitting a claim for an award under
				  the scope of this chapter.
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
.
(2) For all underground petroleum
				  storage tanks removed, closed or out-of-service prior to the date of tank
				  registration, as specified in s. ss.
				  168.21 to
				  168.26, Stats., the
				  present owner, operator or person owning a home oil tank system shall submit
				  documentation to the department as to the existence of the tank, the product
				  stored, the size and type of tank, and other information to substantiate prior
				  ownership and use. This documentation may include, but is not limited to,
				  neutral third-party testimony, county tax records, land titles, and blue prints
				  of initial tank installations.
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 II - Program Eligibility › Section NR 747.12 - Claim process

Current through June 24, 2024
(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 the report providing the information detailed in s.
				  NR
				  716.15 and the letter provided by the department
				  indicating that the remedial action plan submittal requirements have been
				  complied with and that submittal of the claim is authorized.
(b) A copy of the Underground Petroleum
				  Product Tank Inventory form (ERS-7437) for each underground tank system at the
				  site and a copy of the Aboveground Petroleum Product Tank Inventory form
				  (ERS-8731) for each aboveground tank system at the site.
(c) The bid specifications and a copy of the
				  bids for commodity services as required in s.
				  NR
				  747.33.
(d) Documentation verifying actual costs
				  incurred because of the petroleum product discharge, which shall include
				  receipts, invoices including contractor's and subcontractor's invoices,
				  interest costs, loan fees, accounts, and processed payments.
(e) Proof of payment for all invoices
				  including copies of both sides of canceled checks or money orders or alternate
				  proofs of payment approved by the department.
(f) Properly detailed and itemized receipts
				  for remedial activities and services performed.
(g) Owner's, operator's, home oil tank
				  owner's or the responsible party's social security number or federal tax
				  identification number.
(h) Other
				  records or statements that the department determines to be necessary to
				  complete the application.
(i)
				  Signature of the owner, operator or person owning home oil tank system on the
				  application.
(j) A certificate or
				  certificates verifying the existence of the insurance coverage required in ch.
				  SPS 305 for all the environmental consultants who performed work included in a
				  claim.
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 II - Program Eligibility › Section NR 747.13 - Exclusive remedy and liability

Current through June 24, 2024
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) (am),
					 Stats., an award made under this chapter is the exclusive method of recovery
					 for costs reimbursed under the fund.
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 II - Program Eligibility › Section NR 747.14 - Right to recover actions

Current through June 24, 2024
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.
				  A right of action under this section shall accrue to the state against an
				  owner, operator or other person if the owner, operator or other person submits
				  a fraudulent claim or does not meet the requirements under this chapter or if
				  an award is issued under this section to the owner, operator or other person
				  for ineligible costs under this section.
(2) ACTION TO RECOVER AWARDS. The department
				  shall request the attorney general to take action as is appropriate to recover
				  awards to which the state is entitled or when the department discovers a
				  fraudulent claim after an award is issued.
Section
						292.63(5) (c),
						Stats., states that recovered funds shall be credited to the petroleum
						environmental cleanup fund.
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 II - Program Eligibility › Section NR 747.15 - Assignment of awards

Current through June 24, 2024
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.
					 292.63(4m),
					 Stats. This assignment of an award creates and perfects a lien in favor of the
					 assignee in the proceeds of the award.
Section
						292.63(4m),
						Stats., states the lien secures all principal, interest, fees, costs and
						expenses of the assignee related to the loan. The lien under this subsection
						has priority over any previously existing or subsequently created lien,
						assignment, security interest or other interest in the proceeds of the award.
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 III - Reimbursement Procedures › Section NR 747.31 - Incentives for cost-effective remediation

Current through June 24, 2024
(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.
(2) INCENTIVES. For claimants who participate
				  in the voluntary bundling of sites or for remediations that have approval as
				  closed remedial actions and eligible costs not exceeding $60,000, excluding
				  interest, the claim may receive priority review in the award process.
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 III - Reimbursement Procedures › Section NR 747.325 - Usual and customary costs

Current through June 24, 2024
(1) APPLICATION.
				  This section applies to all work covered under this chapter, for all
				  occurrences previously or newly reported to the department, that is performed
				  after May 1, 2006, except it does not apply to any of the following:
(a) Work for which a reimbursement cap has
				  been determined through the competitive public bidding process established
				  under s. 292.63(3) (cp),
				  Stats.
(b) Work performed as part
				  of an emergency action, within the initial 72 hours after the onset of the need
				  for the action.
(c) Work performed
				  for home oil tank systems.
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 III - Reimbursement Procedures › Section NR 747.33 - Comparative proposals and bid processes for remediation activities and services

Current through June 24, 2024
(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 February 1,
				  1993, shall conform to the procedures in this section. In order to qualify as
				  an existing contract, the document shall be with a specific service provider
				  and shall specify contract items, such as but not limited to, the project
				  details, time limitations, projected completion dates, payment terms and other
				  standard contract language.
(2)
				  GENERAL.
(a)
Consulting firm
				  selection.
1. An owner or operator
				  shall select a PECFA consulting firm, as so registered under s.
				  SPS
				  305.80, to conduct all site investigation and remedial
				  action activities, and shall execute a written contract with that
				  firm.
2. The services of the
				  selected consulting firm shall be limited to providing the consulting services
				  or scientific evaluations necessary to conduct an environmental response. The
				  consulting firm and any company or consultant not independent of the consulting
				  firm or project consultants are prohibited from providing any of the commodity
				  services required in the remediation.
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 III - Reimbursement Procedures › Section NR 747.335 - Site investigation and remedial action plan development cap

Current through June 24, 2024
(1) GENERAL. Site
				  investigations which were not started as of January 15, 1993, and for which a
				  remedial alternative was received by the department before April 21, 1998,
				  shall conform to this section.
(2)
				  MAXIMUM ALLOWABLE COST. The maximum allowable cost for a site investigation and
				  the development of a remedial action plan shall be no more than $40,000,
				  excluding interest, feasibility testing, and interim action costs, unless
				  approved under par. (a).
(a) If the
				  investigation will exceed $40,000, the responsible party or its agent, shall
				  contact the department in writing and provide an estimate of additional work
				  and funding required and obtain the department's approval. If the additional
				  approval is not obtained, costs above the $40,000 level will not be
				  reimbursed.
(b) The consultant is
				  responsible for monitoring the costs incurred in the investigation and remedial
				  plan development and identifying that the $40,000 maximum may be exceeded. The
				  consultant shall notify the owner, in writing, at the earliest point at which
				  the consultant may know, or may have been reasonably expected to know, that the
				  maximum allowable cost may be exceeded and that the approval of the department
				  shall be obtained before any costs above $40,000 will be reimbursed by the
				  department. The notification to the owner shall be made before the owner has
				  incurred liabilities above the $40,000 maximum.
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 III - Reimbursement Procedures › Section NR 747.337 - Site investigation and remedial action

Current through June 24, 2024
(1) GENERAL. Sites
				  for which site investigations were not started as of January 15, 1993, and for
				  which a remedial alternative has not been received by the department as of
				  April 20, 1998, shall conform to this section. The scope of the site
				  investigation shall include determining the presence of the environmental
				  factors specified in sub. (3) (a).
(2) MAXIMUM ALLOWABLE COST.
(a) The maximum allowable cost for a site
				  investigation and the development of a remedial action plan shall be no more
				  than $20,000, excluding interest and interim action costs, unless approved
				  under par. (b).
(b) If the
				  investigation will exceed $20,000, either the claimant, their agent or the
				  consultant shall contact the department in writing and provide an estimate of
				  additional work and funding required, and obtain the department's
				  approval.
(c) The consultant is
				  responsible for monitoring the costs incurred in the investigation and remedial
				  action plan development and notifying the department prior to exceeding the
				  $20,000 maximum. The consultant shall also notify the claimant, in writing, at
				  the earliest point at which the consultant may know, or may have been
				  reasonably expected to know, that the maximum allowable cost may be exceeded.
				  The written approval of the department shall be obtained before incurring any
				  costs above $20,000. The notification to the owner shall be made before the
				  owner has incurred liabilities above the $20,000 maximum
Note:
As established in s.
					 NR 747.30(2)
					 (n) and (i), the department will not
					 reimburse costs, including interest costs, above the $20,000 limit in this
					 subsection if they are incurred prior to either providing the notices that are
					 required in par. (c), or obtaining the approval which is required in par.
					 (b).
(d) If interim actions
				  are performed during the course of an investigation or prior to the approval of
				  a remedial action plan, costs above $5000, excluding interest, shall not be
				  reimbursed. The department shall be informed prior to the implementation of any
				  interim action.
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 III - Reimbursement Procedures › Section NR 747.338 - Review of existing sites

Current through June 24, 2024
(1) GENERAL. The
				  department may review the remedial performance and costs associated with any
				  existing sites. As part of the review, the department may elect to do any or
				  all of the following:
(a) Deny any or all
				  funding, after July 1, 1998, if a claimant failed to carry out site
				  recommendations developed by the department in its "PECFA Efficiency Project."
Note:
"PECFA Efficiency Project" refers to a
					 study conducted by the department.
(b) Deny any or all funding if a claimant
				  fails to provide information required by the department as part of a review of
				  existing sites.
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 III - Reimbursement Procedures › Section NR 747.339 - Cost effective remediations

Current through June 24, 2024
(1) FLEXIBILITY. If
				  a claimant can achieve a closed remedial action, and the total costs incurred
				  are equal to or less than $60,000, excluding interest, the department will
				  allow the claimant to complete their remedial efforts without the requirements
				  to:
(a) Develop and submit investigation and
				  other interim environmental reports, if the site closure decision falls under
				  the department's authority.
(b)
				  Develop and submit a remedial action plan and be potentially subject to caps,
				  bundling and public bidding.
(c)
				  Adhere to the $40,000 cap on investigation costs.
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 III - Reimbursement Procedures › Section NR 747.34 - Reduction of deductible, based on financial hardship

Current through June 24, 2024
(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
				  accordance with sub. (2).
Note:
See the Note under s.
					 NR
					 747.025(2) for a reprint of s.
					 292.63(4) (dg),
					 Stats.
(2) Financial
				  hardship shall be demonstrated on a form provided by the department, in
				  sufficient detail to enable the department to determine whether the hardship
				  either exists, or will occur if the deductible is not reduced under this
				  section.
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
.
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 III - Reimbursement Procedures › Section NR 747.37 - Recovery of awards

Current through June 24, 2024
Sale of remedial equipment or supplies shall comply with s.
					 292.63(5) (a),
					 Stats.
Section
						292.63(5) (a),
						Stats., reads as follows: "If a person who received an award under this section
						sells equipment or supplies that were eligible costs for which the award was
						issued, the person shall pay the proceeds of the sale to the department. The
						proceeds shall be paid into the petroleum inspection fund."
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 IV - Credentials, Laboratories, Drilling Firms and Audits › Section NR 747.40 - Reimbursement and credentials

Current through June 24, 2024
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 chapter unless the department determines that denying the
					 reimbursement would conflict with achieving the goals of the PECFA
					 program.
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 IV - Credentials, Laboratories, Drilling Firms and Audits › Section NR 747.41 - Laboratories and drilling firms

Current through June 24, 2024
(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 aggregate and a deductible of no more than $100,000
				  per claim.
(b) As of March 1, 1994,
				  all drilling firms performing work under the PECFA program shall obtain and
				  maintain general liability coverage, including pollution impairment liability,
				  of no less than $1,000,000 per claim, $1,000,000 annual aggregate and a
				  deductible of no more than $100,000 per claim.
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 IV - Credentials, Laboratories, Drilling Firms and Audits › Section NR 747.42 - Field and financial audits

Current through June 24, 2024
(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 field and financial audits as deemed
				  necessary in order to further the goals of the PECFA program. Activities which
				  may warrant the conduct of a field or financial audit may include, but not be
				  limited to, the following:
(a)
				  Complaints;
(b) High cost
				  sites;
(c) Cases where retrofits
				  are being undertaken;
(d) New
				  construction activities;
(e)
				  Receipt of additional information which may result in modifying the initial
				  determination of eligibility;
(f)
				  More than one occurrence on a specific site; and
(g) Sites having commingled plumes.
Note:
Defrauding the PECFA program may result
					 in revocation or suspension of credentials issued under ch. SPS 305, and
					 criminal prosecutions under chs. 939 and 943, Stats.
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 V - Legal Issues › Section NR 747.50 - Notifying the department of real estate transactions

Current through June 24, 2024
(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) REAL ESTATE SALES AGREEMENT OR LEASE
				  AFFECTING RESPONSIBILITY FOR THE REMEDIATION. The sales agreement or a lease
				  for a property being transferred or leased prior to the completion of a
				  remediation shall identify the party or parties responsible for the completion
				  of the remediation, responsible for the payment of costs and eligible to
				  receive PECFA proceeds. The party or parties eligible to receive the PECFA
				  award shall submit a signed copy of the sales agreement or lease, a form W-9,
				  and a release from any previous assignment of award under s.
				  NR 747.15,
				  with the next claim.
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 V - Legal Issues › Section NR 747.52 - Dispute resolution procedures

Current through June 24, 2024
(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) The department may investigate
				  consultants, consulting firms or other service providers on its own initiative
				  or upon the receipt of a complaint. The department may conduct an investigation
				  and make a determination regarding a complaint as soon as practicable following
				  the receipt of the complaint. The department shall take appropriate action
				  based on its determination. If it is determined that no further action is
				  warranted or authorized, the department shall notify the persons
				  affected.
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 V - Legal Issues › Section NR 747.53 - Appeals and hearings

Current through June 24, 2024
(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 747.03,
				  747.355(2) (c) 7. and (3) (a) and par. (b) 2.
(b)
Appeal requirements.
1. All appeals pursuant to this chapter shall
				  be in writing and shall be received by the department no later than 30 calendar
				  days after the date of the decision being appealed. Appeals received more than
				  30 days after the date of the decision being appealed shall be dismissed. For
				  purposes of this section, appeals received after 4:30 p.m. shall be considered
				  received on the next business day.
Note:
A claimant or an attorney representing
					 the claimant may request an administrative hearing to review this action by
					 delivering, mailing, or faxing a written request for a hearing to:
Delivery address:
Wisconsin DNR
Bureau for Remediation & Redevelopment
101 S. Webster Street, 5th Floor
Madison, WI 53703
Mailing address:
Wisconsin DNR
Bureau for Remediation & Redevelopment
P.O. Box 7921
Madison, WI 53707-7921
2. An appeal shall be signed by the person
				  whose legal rights are affected by the decision being appealed or an attorney
				  representing such person. Any appeal filed by a person other than the person
				  whose legal rights are affected by the decision being appealed or an attorney
				  representing that affected person shall be dismissed.
3. Appeals of items identified as ineligible,
				  as listed in s.
				  NR 747.30(2)
				  or (3), shall be dismissed.
4. The written appeal shall list every reason
				  the department's decision is incorrect and shall identify every issue to be
				  considered in the hearing. Issues not raised in the written appeal under this
				  subdivision are considered to be waived and shall be dismissed.
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 V - Legal Issues › Section NR 747.54 - Arbitration

Current through June 24, 2024
(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 withdrawal of the appeal filed
				  regarding the subject of that arbitration and precludes the claimant from going
				  forward with an administrative appeal regarding the same issues under s.
				  NR
				  747.53.
2.
				  Proceeding to an appeal hearing under s.
				  NR 747.53
				  precludes the claimant from filing an arbitration request regarding the same
				  issues.
(c) A request
				  for arbitration shall be in writing signed by the claimant or their attorney,
				  shall include the names and addresses of all parties, and shall be made after
				  denial of costs submitted for reimbursement, but prior to commencement of a
				  hearing under ch. 227, Stats.
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 747.60 - Selection of an investigation consulting firm and notification to the department

Current through June 24, 2024
(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 from a petroleum product
				  storage system, the consulting firm shall submit to the department a
				  notification form prescribed by the department.
Note:
See s.
					 NR
					 747.71 for special requirements for existing
					 sites.
Note:
The contracts referenced in this
					 section are required by s.
					 NR
					 747.33(2) (a) 1. As established in s.
					 NR 747.30(2)
					 (L) and (i), the department will not
					 reimburse costs, including interest costs, for any site investigation work
					 performed outside of these contracts.
(b) After receipt of a termination notice
				  under par. (a), the department shall notify the responsible party of the
				  requirements in sub. (2) for a subsequent contract and for ineligibility of
				  interest costs.
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 747.61 - Management during a site investigation

Current through June 24, 2024
(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 manner possible, drawing
				  professional engineering and geologic conclusions from data collected during
				  the investigation, and submitting any consultant reports required by this
				  subchapter or s. 292.63, Stats.
(2) DEPARTMENT'S RESPONSIBILITIES DURING THE
				  INVESTIGATION. The department shall be responsible for tracking the expenditure
				  of funds for investigation activities as reported by the investigation
				  consulting firm, in accordance with s.
				  NR
				  747.62.
(3) REIMBURSEMENT AND COST CONTROLS DURING
				  THE INVESTIGATION. For all investigation work that is not publicly bid under
				  this subchapter, the usual and customary cost schedule referenced in s.
				  NR
				  747.325 and the maximum costs specified in s.
				  NR
				  747.337(2) shall apply to
				  reimbursement of all costs.
Under s.
						NR
						747.33(6) (c), the department will
						not require commodity bidding during the investigation, where reimbursement
						amounts are determined either by the usual and customary cost schedule
						established under s.
						NR
						747.325, or by the public bidding process in this
						subchapter.
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

Current through June 24, 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.
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 747.623 - Assignment to public bidding

Current through June 24, 2024
(1) COST ESTIMATE
				  EXCEEDS $60,000.
(a)
Occurrences
				  under the department's jurisdiction.
Unless exempted under s.
				  NR
				  747.63, an occurrence covered under s.
				  101.144(2)
				  (b), Stats., shall be subject to the public
				  bidding process in s.
				  NR
				  747.68 if the department estimates that the cost to
				  complete a site investigation and remedial action will exceed $60,000,
				  including interest.
Note:
Section
					 101.144, Stats., was
					 repealed by 2013 Wis. Act 20.
(b)
Occurrences under department
				  jurisdiction.
Unless exempted under s.
				  NR
				  747.63, an occurrence that is not covered under s.
				  101.144(2)
				  (b), Stats., shall be subject to the public
				  bidding process in s.
				  NR
				  747.68 if the department estimates that the cost to
				  complete a site investigation and remedial action will exceed $60,000,
				  including interest.
Note:
Section
					 101.144, Stats., was
					 repealed by 2013 Wis. Act 20.
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 747.625 - Claim submittal required

Current through June 24, 2024
(1) ASSIGNMENT TO
				  PUBLIC BIDDING. Whenever the department notifies a responsible party and the
				  consulting firm that an occurrence is subject to the public bidding process in
				  s.
				  NR
				  747.68, a claim for eligible costs incurred up to then
				  shall be submitted to the department, no later than 120 days after the date of
				  the department's notice.
(2)
				  COMPLETION OF A SCOPE OF WORK.
(a) Whenever a
				  consulting firm completes a scope of work designated by the department, a claim
				  for eligible costs incurred for that scope of work shall be submitted to the
				  department, no later than 120 days after completing that work.
(b) The department may waive the requirement
				  in par. (a) for small scopes of work that do not include a change to a
				  different consulting firm.