reglab/statecodes huggingface dataset:
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 747.63 - Exemptions from competitive public bidding

Current through June 24, 2024
(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)
				  2, Stats.
Note:
Section
					 292.63(3) (cp)
					 2, Stats., provides that the department may waive the competitive public
					 bidding requirement "if an enforcement standard is exceeded in groundwater
					 within 1,000 feet of a well operated by a public utility, as defined in s.
					 196.01(5),
					 or within 100 feet of any other well used to provide water for human
					 consumption."
(b) An
				  occurrence is exempt from the public bidding process in s.
				  NR
				  747.68 where or while the circumstances in subs. (2)
				  to (5) apply, or where the bidding process is otherwise waived by 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 VI - Competitive Public Bidding › Section NR 747.64 - Bidding completion of an investigation

Current through June 24, 2024
(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
				  the following:
(a) For occurrences that are
				  covered under s.
				  101.144(2)
				  (b), Stats., the department shall issue a
				  written directive to the responsible party and the consulting firm to cease all
				  work except as otherwise authorized by the department. The department shall
				  then direct the occurrence through the public bidding process in s.
				  NR
				  747.68.
Note:
Section
					 101.144, Stats., was
					 repealed by 2013 Wis. Act 20.
(b) For occurrences that are not covered
				  under s.
				  101.144(2)
				  (b), Stats., the department shall notify the
				  responsible party and the consulting firm that no further costs will be
				  reimbursed except as established through the public bidding process in s.
				  NR
				  747.68 or as otherwise authorized by the department.
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 747.65 - Department to determine scope of work to be bid

Current through June 24, 2024
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.
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 747.66 - Bidder qualifications

Current through June 24, 2024
(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 by the
					 responsible party to carry out the investigation is eligible to bid remedial
					 activities if the consulting firm meets all eligibility requirements in this
					 section and in the bid specifications.
(2) PERFORMANCE ASSURANCE. Every bidding firm
				  shall submit a certified commitment to complete the work described in the bid
				  specifications and in the submitted bid, for the price proposed in the
				  bid.
(3) DISQUALIFIED INDIVIDUALS
				  OR FIRMS. No individual or firm that has been disqualified under s.
				  NR
				  747.67 may submit a bid until the period of
				  disqualification has ended and all corrective actions required by the
				  department to reinstate the individual or firm have been met.
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 747.67 - Disqualification from bidding

Current through June 24, 2024
(1) GROUNDS FOR
				  DISQUALIFICATION.
(a) The department may
				  disqualify 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 through public bidding.
2. Failed to complete the scope of work in a
				  bid in a timely manner.
3. Failed
				  to meet requirements in department rules on a bid project.
4. Received one or more notices from the
				  department under s.
				  NR
				  747.62(2) that assess the financial
				  management of an investigation as unacceptable.
5. In any prior occurrence that has been
				  publicly bid, failed to do either of the following:
a. Pay subcontractors after receiving payment
				  for them.
b. Obtain lien waivers on
				  or before the date of the final payment by the responsible party or the PECFA
				  program, from all subcontractors paid under subd. 5. a.
6. Failed to execute a contract with a
				  responsible party as required in s.
				  NR
				  747.69(1).
7. Failed to commence work within 45 days
				  after executing a contract, as required in s.
				  NR
				  747.69(3).
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 747.68 - Competitive public bidding process

Current through June 24, 2024
(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 the following:
(a) Bidders shall submit bids in a format
				  prescribed by the department.
(b)
				  Bidders shall submit bids so that the bids are received by the department no
				  later than 4:00 p.m. on the bid-end date listed in the bid
				  specifications.
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 747.69 - Responsible party's contract with a bidder

Current through June 24, 2024
(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
				  execute a written contract with one of the firms that submitted a bid under s.
				  NR
				  747.68(2), to perform the work
				  identified in the notification.
(b)
				  Failure to execute the written contract as required in par. (a) shall result in
				  ineligibility of any interest expenses incurred from the date of the
				  notification under s.
				  NR 747.68(7)
				  (b) or (c), until a contract is executed and
				  work commences on the occurrence.
(c) This subsection does not apply to a
				  bidder who becomes disqualified under s.
				  NR
				  747.67, or where all subsequent work will not be
				  submitted for reimbursement from the PECFA fund.
(d) The department may grant an extension of
				  the 60-day period specified in par. (a) only after a claimant demonstrates that
				  substantive efforts to obtain financing have been unsuccessful.
Note:
As established in s.
					 NR 747.30(2)
					 (s) and (i), the department will not
					 reimburse costs, including interest costs, for unauthorized services that are
					 performed by any party other than a firm which submitted a bid under s.
					 NR
					 747.68(2) and which is contracted
					 with under this section, if they are conducted after the qualified low bid is
					 determined under s.
					 NR
					 747.68(3).
Note:
See sub. (4) for criteria that apply to
					 an affected site after a bidder who submits the least costly qualified bid
					 becomes disqualified, and no other bidder agrees to perform the work within the
					 corresponding reimbursement cap.
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 747.70 - Monitoring the progress of the scope of work in the bid

Current through June 24, 2024
(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 the scope of work defined in the bid specifications, at each of the
				  following points:
1. Three months after
				  entering into the contract.
2.
				  Twelve months after beginning the work in the successful bid, except as
				  provided in subd. 6.
3. Twelve
				  months after submitting the previous report required under this subsection,
				  except as provided in subd. 6.
4.
				  No later than 10 days after encountering a change in circumstances, as
				  specified in sub. (3).
5. At any
				  other frequency directed by the department.
6. No later than 30 days after completing the
				  work.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 749 - Fees for providing assistance; remediation and redevelopment program › Section NR 749.01 - Purpose

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 749 - Fees for providing assistance; remediation and redevelopment program › Section NR 749.02 - Applicability

Current through June 24, 2024
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, D.
				  of s.
				  NR
				  749.04, portions of this chapter apply to those
				  persons seeking assistance under s.
				  292.15,
				  Stats., and who are seeking closure with residual contamination that must be
				  added to the department's database as required in s.
				  292.12(2) and
				  (3) or s.
				  292.57,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 749 - Fees for providing assistance; remediation and redevelopment program › Section NR 749.03 - Effective date

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 749 - Fees for providing assistance; remediation and redevelopment program › Section NR 749.05 - Alternative fees for negotiated agreements

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 750 - Fees for providing oversight for the contaminated land recycling program › Section NR 750.01 - Purpose

Current through June 24, 2024
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 chapter is adopted pursuant to ss.
				  227.11(2)
				  and
				  292.15,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 750 - Fees for providing oversight for the contaminated land recycling program › Section NR 750.02 - Applicability

Current through June 24, 2024
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.
The Land Recycling Law (1993 Wis. Act 453, effective May
					 13, 1994), created s. 144.765, Stats., now numbered as s.
					 292.15,
					 Stats., renumbered under 1995 Wis. Act 227. The objective of this law is to
					 provide persons, who satisfy all of the requirements of the statute, with a
					 liability exemption from specific requirements of the state's Hazardous
					 Substance Discharge Law, s.
					 292.11,
					 Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 750 - Fees for providing oversight for the contaminated land recycling program › Section NR 750.03 - Definitions

Current through June 24, 2024
(1)"Applicant" 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)"Environmental
				investigation of the property" means a study of the entire property, including
				any discharges that have or may have migrated off the property, and approved by
				the department, consisting of a Phase I and Phase II environmental assessment
				and a site investigation, based on information documented in these
				environmental assessments.
(3m)"Release" has the meaning specified in s.
				292.15(1)
				(d), Stats.
Under s.
					 292.15(1)
					 (d), Stats., "release" means "the original
					 discharge."
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 750 - Fees for providing oversight for the contaminated land recycling program › Section NR 750.05 - Application

Current through June 24, 2024
(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 a
				non-refundable fee of $250.00, to cover the department's cost of reviewing and
				processing the application. The department may not review the application until
				the specified fee is submitted to the department. In addition to the
				application form, the applicant shall include any attachments required by the
				department, including a copy of the property deed and a map which clearly shows
				the boundaries of the property.
Note:
The application form (Form 4400-178) is
				  available by writing to the Bureau for Remediation and Redevelopment, P.O. Box
				  7921, Madison, WI 53707-7921. The application form is also available at
http://dnr.wi.gov/files/PDF/forms/4400/4400-178.pdf
.
(2)APPLICATION REVIEW AND
				ELIGIBILITY NOTIFICATION.
(a)
Department review.
The department shall review each completed
				application to determine if all of the following criteria are satisfied:
1. The applicant is a "voluntary party" under
				s.
				292.15,
				Stats.
Note:
1995 Wis. Act 227 removed "purchaser".
				  1995 Wis. Act 227 created s.
				  292.15(1)
				  (f), Stats., which provides the definition
				  for "voluntary party" which means "a person who submits an application to
				  obtain an exemption under this section and pays any fees required under sub.
				  (5)", of that section.
2.
				The property is eligible to receive a liability exemption under s.
				292.15,
				Stats.
Note:
1995 Wis. Act 227 removed s. 144.765(2)
				  (a), Stats. 1995 Wis. Act 227 created s.
				  292.15(2)
				  (a) 1, Stats., which requires that "an
				  environmental investigation of the property is conducted that is approved by
				  the department."
3. The
				area of land for which the application was submitted meets the definition of a
				property in s.
				NR
				700.03(45e).
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 750 - Fees for providing oversight for the contaminated land recycling program › Section NR 750.07 - Assessment and payment of fees for department oversight on or after March 1, 1996

Current through June 24, 2024
(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 under s.
				292.15,
				Stats., and this chapter. Oversight fees assessed to applicants shall be based
				upon the hourly billing rate, established under sub. (2), for hours spent by
				department staff and other department costs, including, but not limited to, the
				following activities:
(a) Review of
				submittals required under this chapter, chs.
				NR
				700 to
				754 or under an agreement entered
				into under s.
				NR
				728.07, or participation in meetings with the
				applicants or their representatives to discuss an application or proposed
				project.
(b) Negotiating and
				entering into contracts under s.
				292.15(2)
				(a) 3 or 4., Stats.
(c) Negotiating and entering into an
				agreement under s.
				292.15(4),
				Stats.
Note:
Section
				  292.15(4),
				  Stats., was repealed by 2011 Wis. Act 103.
(d) Review of file documents and required
				submittals to determine whether or not the project may be closed and a
				certificate of completion may be issued.
(e) Providing assistance in response to any
				other request by the applicant after the applicant is notified that the
				department believes that the property is eligible under s.
				292.15,
				Stats.
(f) Placement of the
				property on the department database, in accordance s.
				292.12(3)
				or s.
				292.57,
				Stats., unless other fees are specified in ch. NR 749 to add sites to the
				database.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 750 - Fees for providing oversight for the contaminated land recycling program › Section NR 750.09 - Completion of response actions

Current through June 24, 2024
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 shall provide the applicant with a
				  written certificate of completion, as provided in s.
				  292.15,
				  Stats., when all of the following requirements are satisfied:
(1)The property has been closed out by the
				department in accordance with the requirements in ch. NR 726 and the applicant
				has provided proof that all conditions of case closure have been
				satisfied.
(2)The applicant
				satisfies all the requirements of s.
				292.15,
				Stats., including conducting an environmental investigation of the property,
				including any discharges that have or may have migrated off the
				property.
(3)The applicant has paid
				the department for all oversight fees assessed pursuant to this
				chapter.
(4)For properties where
				the voluntary party is 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
				determines that natural attenuation will restore groundwater quality in
				accordance with rules promulgated by the department, the insurance requirements
				in ch. NR 754, have been satisfied.
(5)For properties with residual groundwater
				contamination that are closed in accordance with the requirements in s.
				NR
				726.07(2), the fees to add the
				property to the department database in accordance with ch. NR 749, have been
				paid.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 754 - Environmental Insurance Requirements › Section NR 754.01 - Purpose

Current through June 24, 2024
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
				  insurance for voluntary parties seeking liability exemptions using natural
				  attenuation.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 754 - Environmental Insurance Requirements › Section NR 754.03 - Applicability

Current through June 24, 2024
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
				  determines that natural attenuation will restore groundwater quality in
				  accordance with rules promulgated by the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 754 - Environmental Insurance Requirements › Section NR 754.05 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Department" has the meaning specified in s.
				292.01(2),
				Stats.
Note: Section
				  292.01(2),
				  defines "department" to mean the department of natural resources.
(2) "Natural attenuation" has the
				meaning specified in s.
				292.15(1)
				(am), Stats.
Note: Section
				  292.15(1)(am),
				  Stats., defines "natural attenuation" to mean the reduction in the mass and
				  concentration in groundwater of a substance, and the products into which the
				  substance breaks down, due to naturally occurring physical, chemical and
				  biological processes, without human intervention.
(3) "Voluntary party" has the meaning
				specified in s.
				292.15(1)
				(f), Stats.
Section
					 292.15(1)
					 (f), Stats., defines "voluntary party" to
					 mean a person who submits an application to obtain an exemption under s.
					 292.15,
					 Stats., and pays any fees required under s.
					 292.15(5),
					 Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 754 - Environmental Insurance Requirements › Section NR 754.07 - Insurance requirement

Current through June 24, 2024
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 property to
				  obtain coverage under the state's master insurance contract.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 754 - Environmental Insurance Requirements › Section NR 754.11 - Insurance application and fees

Current through June 24, 2024
(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 Coordinator - Bureau for Remediation and Redevelopment, P.O. Box
				7921, Madison, WI 53707-7921.
Note:
The VPLE Environmental Insurance
				  Application Form is available by telephoning the Remediation and Redevelopment
				  Information Line at 1-800- 367-6076 or (608) 264-6020 or by writing the
				  Remediation and Redevelopment Program, Department of Natural Resources, P.O.
				  Box 7921, Madison, WI., 53707-7921 or from the web site:
https://dnr.wi.gov/topic/Brownfields/vple.html
.
(2) APPLICATION CONTENTS. An insurance
				application form, shall include, but is not limited to:
(a) Name, address and designated contact
				person.
(b) Information on site
				conditions.
(c) Groundwater
				monitoring data.
(d) Alternative
				remedies that may be necessary if natural attenuation fails.
(e) Such additional information required as
				necessary by the state's insurance underwriter in order to provide insurance
				under s.
				292.15(2)
				(ae), Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 754 - Environmental Insurance Requirements › Section NR 754.13 - Certificate of completion

Current through June 24, 2024
The department shall issue the voluntary party a certificate
				  of completion pursuant to s.
				  292.15(2)
				  (ae), Stats., if the department determines
				  that all the following requirements have been met:
(1) The voluntary party has submitted to the
				department a request for case closure pursuant to ch. NR 726.
(2) The department has approved the request
				for case closure for the property.
(3) The voluntary party has submitted to the
				department a completed insurance application form.
(4) The voluntary party has paid the
				department the appropriate insurance fee as specified in this
				chapter.
(5) The voluntary party
				has reimbursed the department for any department costs incurred under ch. NR
				749 or 750.
(6) All of the
				conditions in s.
				292.15(2)
				(ae) 1 to 6., Stats., have been
				met.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 756 - Financial Responsibility At Contaminated Sediment Sites With Engineering Controls › Section NR 756.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish planning,
				  compliance, and financial responsibility requirements for sites or facilities
				  with contaminated sediment that rely on an engineering control to protect
				  public health, safety, welfare, and the environment from the contaminated
				  sediment. This chapter is adopted under s.
				  227.11(2),
				  Stats., and ch. 292, Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 756 - Financial Responsibility At Contaminated Sediment Sites With Engineering Controls › Section NR 756.03 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Contaminated sediment engineering
				control" means an engineering control used to address contaminated
				sediment.
(2) "Event" means an
				occurrence that may affect the completion of the goals established in the plan
				and compliance schedule that are induced by either weather, or the combination
				of human activity and weather, including significant flood events, increased
				flow rates, anthropogenic induced scour, an increase in event frequency, or
				other events having a deleterious effect on the protectiveness of the
				contaminated sediment remedy.
(3)
				"Person required to submit proof" means a person that is required to submit
				proof of financial responsibility under s. NR 756.04(1) (d), including a person
				that has assumed responsibility under s.
				292.12(5m)
				(am), Stats.
(4) "Proof period" means the amount of time
				for which proof of responsibility requirements are applicable.
(5) "Proof method" means a mechanism for
				providing proof of financial responsibility under s. NR 756.06.
(6) "Third-party action" means activities
				that may affect the completion of the goals established in a plan and
				compliance schedule or that have a deleterious effect on the protectiveness of
				the contaminated sediment remedy that are taken by persons other than the
				person required to submit a plan and compliance schedule or proof of
				responsibility under this chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 756 - Financial Responsibility At Contaminated Sediment Sites With Engineering Controls › Section NR 756.04 - Plan and compliance schedule; financial responsibility; fees

Current through June 24, 2024
(1) GENERAL. As
				a condition of approving an interim action, a remedial action, or of granting
				case closure, the department may require a person who is required to take
				action under ch. 292, Stats., with respect to contaminated sediment, and who
				takes action that includes the use of a contaminated sediment engineering
				control, to do any of the following:
(a)
				Maintain any contaminated sediment engineering controls on the site or
				facility.
(b) Investigate the
				extent of residual contamination and perform any necessary remedial action if a
				structural impediment is removed that had prevented a complete investigation or
				remedial action at the site.
(c)
				Submit a plan and compliance schedule for satisfying the requirements under
				pars. (a) and (b) to the department for approval.
(d) Submit proof of financial responsibility
				sufficient to pay the costs of complying with the plan and compliance schedule
				under par. (c) to the department for approval.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 756 - Financial Responsibility At Contaminated Sediment Sites With Engineering Controls › Section NR 756.05 - Responsibility at contaminated sediment sites; access

Current through June 24, 2024
(1) Requirements of
				this chapter shall be met in accordance with the applicable requirements under
				s.
				292.12(5m),
				Stats.
(2) Any person that acquires
				responsibility for the requirements of this chapter under s.
				292.12(5m)
				(am), Stats., shall provide any proof of
				financial responsibility required under s. NR 756.04(1) (d) to the department
				in accordance with this section. Proof of financial responsibility shall be
				maintained by the transferor during transfer of responsibility until the person
				acquiring responsibility under s.
				292.12(5m)
				(am), Stats., obtains department approval of
				proof of financial responsibility under s. NR 756.04(5).
(3) The length of any requirement imposed
				under s. NR 756.04 does not limit the responsibilities of a person under ch.
				292, Stats., and any other rules promulgated under ch. 292, Stats.
(4) A person that is subject to the
				requirements under s. NR 756.04(1) that does not own or occupy the property on
				which any engineering controls or structural impediments that are subject to
				the requirements under s. NR 756.04(1) are located shall obtain access to the
				property in accordance with s.
				292.12(5m) (a)
				2, Stats., and shall provide verification of
				access to the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 756 - Financial Responsibility At Contaminated Sediment Sites With Engineering Controls › Section NR 756.10 - Adjustment of financial responsibility

Current through June 24, 2024
(1) A person
				required to submit proof shall submit to the department verification of the
				adjustment of the amount of funds secured by a method of proof of financial
				responsibility on a form supplied by the department.
(2) The amounts of funds secured by methods
				of proof of financial responsibility shall be adjusted according to all of the
				following requirements:
(a) The amounts of
				funds for all proof methods shall be adjusted annually under s. NR 756.07(7) to
				account for increases in cost estimates based on adjustments for inflation. The
				annual proof method adjustments shall be submitted to the department by
				December 31.
(b) Adjusted proof
				methods shall be submitted within 60 days after a new cost estimate submitted
				in accordance with s. NR 756.07 is approved by the department. The adjusted
				proof methods shall be in an amount adequate to cover the most recently
				approved cost estimate.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 758 - Insurance And Financial Responsibility At Contaminated Sediment Sites In The Voluntary Party Liability Exemption Program › Section NR 758.01 - Purpose

Current through June 24, 2024
This chapter establishes rules and procedures promulgated
				  under s.
				  292.15(2)
				  (af) 3m. and (e), Stats., that the department
				  shall use to determine if voluntary parties have met the requirements under s.
				  292.15(2)
				  (af), Stats., related to environmental
				  insurance, or other forms of financial responsibility, for voluntary parties
				  seeking liability exemptions for sites with contaminated
				  sediment.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 758 - Insurance And Financial Responsibility At Contaminated Sediment Sites In The Voluntary Party Liability Exemption Program › Section NR 758.03 - Applicability

Current through June 24, 2024
This chapter applies to voluntary parties, and successors
				  and assigns of voluntary parties, as described under s.
				  292.15(3),
				  Stats., seeking an exemption from liability for voluntary party remediation
				  under s.
				  292.15(2)
				  (af), Stats., where contaminated sediment
				  exists from a release of a hazardous substance on or originating from a
				  property. In this chapter, requirements that apply to a voluntary party shall
				  also apply to successors or assigns of the voluntary party, if the successor or
				  assignee agrees to pay for the insurance required under this chapter pursuant
				  to a third-party agreement shared with the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 758 - Insurance And Financial Responsibility At Contaminated Sediment Sites In The Voluntary Party Liability Exemption Program › Section NR 758.05 - Definitions

Current through June 24, 2024
(1) "Preexisting pollution condition" means
				contaminated soil, groundwater or sediment or other media from a discharge of a
				hazardous substance that occurred prior to the date the environmental
				investigation of a property was approved by the department.
(2) "Property" has the meaning specified
				under s.
				292.15(1)
				(c), Stats.
Note:
Section
				  292.15(1)
				  (c), Stats., defines "property" to mean "the
				  area of real property that is included in an application to obtain an exemption
				  under this section, made up of a legally identifiable parcel or legally
				  identifiable contiguous parcels created in compliance with applicable
				  laws."
(3) "Voluntary
				party" has the meaning specified under s.
				292.15(1)
				(f), Stats.
Section
					 292.15(1)
					 (f), Stats., defines "voluntary party" to
					 mean a person who submits an application to obtain an exemption under s.
					 292.15,
					 Stats., and pays any fees required under s.
					 292.15(5),
					 Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 758 - Insurance And Financial Responsibility At Contaminated Sediment Sites In The Voluntary Party Liability Exemption Program › Section NR 758.13 - Financial responsibility other than insurance

Current through June 24, 2024
(1) The department
				shall accept a form of financial responsibility from the voluntary party other
				than insurance to meet the requirements of this chapter if all of the following
				conditions apply:
(a) The financial
				responsibility is in the amount required under s. NR 758.09.
(b) The financial responsibility will provide
				coverage for 25 years.
(c) The
				financial responsibility covers response action expenses in the event that the
				department issues a written determination that additional remedial action is
				necessary due to the occurrence of any of the conditions described under s.
				292.15(2) (b) 2
				or 3., Stats.
(d) The financial
				responsibility satisfies the requirements that a person required to submit
				proof financial responsibility under s. NR 756.04 (1) is required to follow, as
				specified under s. NR 756.06 (1), (2), (3), (4), and (5).
(e) The hazardous substance contained in the
				contaminated sediment is not mercury, PCBs, as defined in s.
				299.45(1) (a),
				Stats., or dioxin.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 758 - Insurance And Financial Responsibility At Contaminated Sediment Sites In The Voluntary Party Liability Exemption Program › Section NR 758.09 - Calculating the amount of the insurance coverage

Current through June 24, 2024
To calculate the amount of insurance coverage required, the
				  voluntary party shall submit to the department a summary of the total costs
				  spent on the investigation and remediation of the contaminated sediment at the
				  insured location, including all money spent by the voluntary party as well as
				  other parties including local, state, or federal government entities. The
				  limits of the insurance shall be dedicated to the response actions of the
				  insured location and may not be shared with other coverage parts and may not be
				  limited by the insurance policy's aggregate limit for other coverages. The
				  insurance shall provide coverage with limits of no less than the
				  following:
(1) If the cost of the site
				investigation and remediation of the contaminated sediment was less than
				$1,500,000, then the insurance limit for response action coverage shall be at
				least $1,000,000.
(2) If the cost
				of the site investigation and remediation of the contaminated sediment was
				$1,500,000 to $3,999,999, then the insurance limit for response action coverage
				shall be at least $3,000,000.
(3)
				If the cost of the site investigation and remediation of the contaminated
				sediment was $4,000,000 or more, then the insurance limit for response action
				coverage shall be at least $5,000,000.
(4) If the voluntary party is unable to
				provide a summary of the costs, the voluntary party shall provide the coverage
				described under sub. (3).
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 758 - Insurance And Financial Responsibility At Contaminated Sediment Sites In The Voluntary Party Liability Exemption Program › Section NR 758.15 - Waiver of insurance requirement

Current through June 24, 2024
The voluntary party may submit a written request for a
				  waiver of the insurance requirement under s. NR 758.07 to the department. The
				  department may waive the insurance requirement after considering all the
				  following factors, which shall be identified in the request for waiver:
(1) The voluntary party's explanation of the
				circumstances eliminating the need for insurance.
(2) The hazardous substance contained in the
				contaminated sediment. The department may not grant a waiver if mercury, PCBs,
				as defined in s.
				299.45(1)
				(a), Stats., or dioxin is one of the
				identified hazardous substances.
(3) Any of the applicable following
				site-specific factors:
(a) The volume of
				contaminated sediment.
(b)
				Concentrations of hazardous substances in the sediment.
(c) Threat to ecological resources.
(d) Known and potential effects of
				contaminated sediment on human health including consumption of fish, birds, or
				other wildlife.
(e) Risk that
				additional cleanup would be needed.
(f) Anticipated cost of additional future
				cleanup.
(g) Extent of removal of
				the known contaminants completed in accordance with applicable cleanup
				standards for the known contaminants.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 809 - Safe Drinking Water › Section NR 809.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish minimum standards
				  and procedures for the protection of the public health, safety and welfare in
				  the obtaining of safe drinking water. This chapter is adopted under the
				  authority granted in chs. 280 and 281, Stats.
See chs.
					 NR 108,
					 114, 810,
					 811 and
					 812 for other requirements
					 pertaining to public and private drinking water systems.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 809 - Safe Drinking Water › Section NR 809.02 - Departmental justification

Current through June 24, 2024
(1) Where the
				department exercises discretion allowed under this chapter to require a water
				supplier for a public water system to perform construction, repairs, monitoring
				or other activities which would necessitate expenditure of resources, the
				department shall explain in writing the reasons for the requirements.
(2) A decision by the department to grant a
				waiver shall be made in writing and shall set forth the basis for the
				determination. The waiver determination may be initiated by the department or
				upon an application by the water supplier for a public water system.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 809 - Safe Drinking Water › Section NR 809.05 - Coverage

Current through June 24, 2024
This chapter applies to each public water system, unless the
				  public water system meets all of the following conditions:
(1) Consists only of distribution and storage
				facilities and does not have any collection or treatment facilities.
(2) Obtains all of its water from, but is not
				owned or operated by, a public water system to which the regulations in this
				chapter apply.
(3) Does not sell
				water to any person.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 809 - Safe Drinking Water › Section NR 809.06 - General requirements

Current through June 24, 2024
Water suppliers shall conduct the minimum monitoring
				  required by this chapter. The department may increase any monitoring
				  requirements in this chapter, if the department determines that any increase is
				  necessary to protect public health, safety or welfare. The department may
				  require additional monitoring and analysis when necessary to verify water
				  quality, treatment effectiveness, or to ensure representative sampling
				  throughout an entire distribution system. The department may decrease any
				  monitoring requirements in this chapter, if the department determines that such
				  a decrease will not adversely affect protection of public health, safety or
				  welfare.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 809 - Safe Drinking Water › Subchapter I - Maximum Contaminant Levels, Monitoring and Analytical Requirements for Primary Drinking Water Contaminants › Section NR 809.09 - Applicability of primary maximum contaminant levels to water sources

Current through June 24, 2024
Except as otherwise allowed in this chapter, no water
					 source exceeding any primary maximum contaminant level in this chapter may be
					 connected to a public water system unless blending or treatment is provided
					 such that the primary maximum contaminant level is not exceeded upon entry to
					 the distribution system.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 809 - Safe Drinking Water › Subchapter I - Maximum Contaminant Levels, Monitoring and Analytical Requirements for Primary Drinking Water Contaminants › Section NR 809.10 - Use of bottled water

Current through June 24, 2024
Public water systems may not use bottled water to achieve
					 compliance with an MCL. Bottled water may be used temporarily to avoid
					 unreasonable risk to health.
Wisconsin Administrative Code › Department of Natural Resources › NR 800 - Environmental Protection - Water Supply › Chapter NR 809 - Safe Drinking Water › Subchapter I - Maximum Contaminant Levels, Monitoring and Analytical Requirements for Primary Drinking Water Contaminants › Section NR 809.11 - Inorganic chemical maximum contaminant levels and BATs

Current through June 24, 2024
(1) APPLICABILITY.
				  The following requirements apply to all of the maximum contaminant levels for
				  inorganic contaminants:
(a) The maximum
				  contaminant levels for nitrate and nitrite apply to both community water
				  systems and non-community water systems, except as provided in sub.
				  (3).
(b) The maximum contaminant
				  level for fluoride only applies to community water systems.
(c) The maximum contaminant levels for
				  antimony, arsenic, asbestos, barium, beryllium, cadmium, chromium, cyanide,
				  mercury, nickel, selenium and thallium apply to community water systems and
				  non-transient, non-community water systems.
(d) Compliance with maximum contaminant
				  levels for inorganic chemicals is calculated under s.
				  NR
				  809.117.