reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 728 - Enforcement › Section NR 728.10 - Entry of a property on the department database

Current through June 24, 2024
(1) GENERAL. Where
				the department has information to demonstrate that the source of contamination
				is on the property and the property owner or other responsible party has failed
				to take adequate response action, the department may list the properties where
				contamination from a hazardous substance discharge has been identified on the
				department database. The department shall notify the property owner in writing
				of the department's intention to list the property on the department database
				in order to provide notice to the public of the contamination. If the property
				owner does not respond within 30 calendar days from the date on the letter
				indicating that the property will be promptly investigated and remediated in
				compliance with applicable statutes and rules or provides information which
				clearly demonstrates that no further investigation or remediation of
				environmental contamination is necessary, the department may proceed to list
				all properties where contamination from a hazardous substance discharge has
				been identified on the database.
(2)SUBSEQUENT MODIFICATIONS.
(a) If the property owner or other
				responsible party subsequently decides to investigate and remediate the
				remaining contamination the department shall modify or remove the property from
				the database in accordance with the provisions in ch. NR 727.
(b) If a deed affidavit was previously
				recorded for the property and subsequent action was taken that results in the
				need to modify or supplement the information contained within that affidavit
				the department shall record a second affidavit at the office of the register of
				deeds for the county in which the property is located to supersede the current
				affidavit. If any of the requirements in ch. NR 726 for listing a property on
				the database are met following completion of the additional investigation and
				remediation, the department will proceed with listing the appropriate property
				or properties concurrently with filing the subsequent affidavit.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 728 - Enforcement › Section NR 728.11 - Recording a notice of contamination

Current through June 24, 2024
(1) GENERAL. Except
				for contamination caused by a discharge from a fuel oil tank used solely for
				residential purposes, the department may, after following the procedures in
				sub. (2), record an affidavit at the office of the register of deeds for the
				county in which the property is located which specifies the legal description
				of the property, indicates that contamination from a hazardous substance
				discharge has been identified on the property which has not been adequately
				defined or remediated and gives notice to the public, and any prospective
				purchaser, of the existing contamination and the environmental liability
				associated with the property.
(2)
				PROCEDURE. Where the department has information to demonstrate that the source
				of contamination is on the property and the property owner or other responsible
				party has failed to take adequate response action, the department may record an
				affidavit at the office of the register of deeds for the county in which the
				property is located once the following steps have been taken:
(a) The department shall send the property
				owner a letter, by certified mail, stating the department's intention to record
				an affidavit at the county register of deeds office giving notice of the
				contamination, unless the property owner responds by the deadline in the letter
				indicating that the property will be promptly investigated and remediated in
				compliance with applicable statutes and rules or provides information which
				clearly demonstrates that there is no environmental contamination on the
				property.
(b) If the department
				receives no response, or an unacceptable response, to the letter sent in par.
				(a), the department shall send a second letter to the property owner and to any
				mortgagee of record, by certified mail, indicating the department's decision to
				record an affidavit at the county register of deeds office unless the property
				owner responds by the deadline in the letter indicating that the property will
				be promptly investigated and remediated in compliance with applicable statutes
				and rules or appeals the department's determination. The deadline in this
				letter may not be less than 30 days from the date the property owner receives
				this letter. A copy of the affidavit to be recorded shall be attached to this
				letter.
(c) If an acceptable
				response is not received within the time period set forth in the letter sent in
				par. (b), the department may, as soon as practicable but in no case less than
				15 days after the deadline in the letter sent in par. (b), record the affidavit
				at the office of the register of deeds for the county in which the property is
				located.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 730 - Superfund cost sharing › Section NR 730.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish criteria for the
				  department's expenditure of moneys for Superfund state cost share purposes from
				  the appropriations that are referenced in s.
				  292.31(7)
				  (b), Stats., and for determining a
				  municipality's responsibility to pay a share of the state's Superfund cost
				  share in cases where a municipality will benefit from the proposed remedial
				  action. This chapter is adopted pursuant to ss.
				  227.11(2),
				  289.06(1)
				  and
				  292.31,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 730 - Superfund cost sharing › Section NR 730.02 - Applicability

Current through June 24, 2024
This chapter applies to all cases where the department is
				  considering signing a Superfund state contract with U.S. EPA, under the
				  authority of s.
				  292.31(7),
				  Stats., in order to authorize the payment of a state cost share for a
				  Superfund- financed remedial action. It also applies to those cases where a
				  municipality will benefit from the proposed remedial action and is not a
				  responsible party under section 107 (a) of CERCLA.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 730 - Superfund cost sharing › Section NR 730.07 - Municipal cost share

Current through June 24, 2024
(1) GENERAL.
(a) The department may require a municipality
				that is not a potentially responsible party under CERCLA to pay up to 50% of
				the amount expended by the department, for a Superfund-financed response action
				taken in cooperation with the U.S. EPA, under CERCLA. A payment schedule for
				the municipal cost-share amount shall be negotiated between the municipality
				and the department, and shall include credit to the municipality for provision
				of operation and maintenance activities, as well [as] credit for payment of any
				capital costs. A municipality shall not be required to pay more than $3 per
				capita in any one year.
(b) A
				response action need not be taken within the boundaries of a municipality for
				that municipality to be required to pay a share of the state's Superfund cost
				share. More than one municipality may be required to pay a share of the state's
				cost share at a CERCLA site, with the total amount charged to all
				municipalities at a given site not to exceed 50% of the amount of the state's
				cost-share. If more than one municipality will benefit, the analysis performed
				pursuant to sub. (2) shall be done for each municipality.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 732 - Cost Reimbursement For Municipal Landfill Monitoring › Section NR 732.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to provide eligibility
				  criteria and procedures for submitting, processing and approving requests for
				  state reimbursement of monitoring costs incurred by a municipality, that is an
				  owner or a past or present operator of a closed solid or hazardous waste
				  disposal site or facility which was either a nonapproved municipal landfill or
				  a waste site, as defined in s.
				  292.01(21),
				  Stats. This chapter is adopted pursuant to ss.
				  227.11(2),
				  289.06(1),
				  289.31(7)
				  and
				  292.31(4),
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 732 - Cost Reimbursement For Municipal Landfill Monitoring › Section NR 732.02 - Applicability

Current through June 24, 2024
This chapter applies to monitoring required of a municipality
				  through the issuance of a special order by the department under the authority
				  of s.
				  289.31(7)
				  (d), Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 732 - Cost Reimbursement For Municipal Landfill Monitoring › Section NR 732.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Closed" means no longer accepting solid or hazardous waste.
(2) "Eligible monitoring cost" means
				expenditures incurred by a municipality for monitoring required by an order
				under s.
				289.31(7)
				(f), Stats., including expenditures for
				geophysical surveys, mapping, private and public well sampling, placement of
				monitoring wells, access fees and actual costs of collection.
(3) "Environmental fund" means the fund
				established in s.
				25.46,
				Stats.
(4) "Monitoring" has the
				meaning specified in s.
				289.31(7)
				(b), Stats.
Note: Section
				  289.31(7)
				  (b), Stats., defines "monitoring" to mean
				  "activities necessary to determine whether contaminants are present in
				  groundwater, surface water, soil or air in concentrations that require
				  investigation or remedial action. `Monitoring' does not include investigations
				  to determine the extent of contamination, to collect information necessary to
				  select or design remedial action, or to evaluate the performance of remedial
				  action."
(5) "Nonapproved
				municipal landfill" means either a licensed solid or hazardous waste disposal
				facility which was never an "approved facility" as that term is defined in s.
				289.01(3),
				Stats; or an area used by a municipality for the disposal of municipal or
				industrial waste, or both, which never received a license or written approval
				for operation from the department.
(6) "Waste site" has the meaning specified in
				s.
				292.01(21),
				Stats.
Section
					 292.01(21),
					 Stats., defines "waste site" to mean "any site, other than an approved
					 facility, an approved mining facility or a nonapproved facility, where waste is
					 disposed of regardless of when disposal occurred."
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 732 - Cost Reimbursement For Municipal Landfill Monitoring › Section NR 732.05 - Eligibility

Current through June 24, 2024
(1) A municipality that is an owner or a past
				or present operator of a closed, nonapproved municipal landfill or waste site
				may seek reimbursement for any eligible costs of monitoring incurred pursuant
				to an order issued by the department under s.
				289.31(7)
				(d), Stats., if all of the following
				conditions are satisfied:
(a) The
				municipality is in compliance with the order issued by the department under s.
				289.31(7)
				(d), Stats.
(b) The municipality has provided an
				affidavit to the department that the municipality has filed a claim for the
				costs of monitoring with all of the municipality's past and present liability
				insurance carriers, for which insurance coverage may still be in effect, and
				that to date coverage has been denied in whole or in part.
(c) If the municipality's liability insurance
				carriers pay the municipality for any of the monitoring costs for the same
				closed, nonapproved municipal landfill or waste site for which the municipality
				received any payment under this chapter, the municipality agrees that it shall
				reimburse the department for the payments made under this chapter from the
				insurance proceeds.
(d) The costs
				incurred are reasonable and necessary for the monitoring that has been
				ordered.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 732 - Cost Reimbursement For Municipal Landfill Monitoring › Section NR 732.07 - Applications for reimbursement

Current through June 24, 2024
(1) Municipalities
				shall submit reimbursement applications on forms that are available from the
				department.
Note:
Copies of these forms may be obtained from
				  the Department of Natural Resources, Bureau of Solid and Hazardous Waste
				  Management, Emergency and Remedial Response Section, P.O. Box 7921, Madison, WI
				  53707.
(2) All applications
				for reimbursement of monitoring costs incurred in the previous calendar year or
				before shall be submitted to the department on or before June 1st of each year,
				in order to be eligible for payment in that same calendar year. Properly
				completed applications submitted before June 1st shall be reimbursed no later
				than September 1 of that year. Applications that are received by the department
				after June 1st of any year shall be paid from the environmental fund
				appropriation under s.
				20.370(4)
				(dv), Stats., on or before September 1 of the
				following year.
Note:
Applications should be submitted to the
				  solid waste staff person assigned to the site for review of eligibility and
				  compliance with the order. The application will be forwarded to the
				  department's environmental repair unit in Madison, for review.
A municipality may elect to carry over eligible costs from
					 one year to the next to maximize their reimbursement should the order be issued
					 so that only a portion of the monitoring cannot be completed prior to June
					 1st.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 732 - Cost Reimbursement For Municipal Landfill Monitoring › Section NR 732.09 - Reimbursement

Current through June 24, 2024
(1) The department shall pay the total
				eligible monitoring costs incurred by the municipality pursuant to an order
				issued under s.
				289.31(7)
				(d), Stats., which exceed $3 multiplied by
				the municipal population, prior to making other payments from the environmental
				fund appropriation under s.
				20.370(4)
				(dv), Stats.
(2) The department shall reimburse a
				municipality that has submitted a properly completed application for
				reimbursement, in compliance with the requirements of ss.
				NR
				732.05 and 732.07, up to a maximum of $100,000 total
				for each closed, nonapproved municipal landfill or waste site. The department
				shall reimburse the municipality from the environmental fund appropriation that
				is referenced in s.
				289.31(7)
				(f), Stats. Any monitoring costs incurred by
				the municipality which exceed this maximum shall be the responsibility of the
				municipality.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 734 - Selecting and contracting environmental consulting services › Section NR 734.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish procedures that
				  apply to the procurement of professional services of consultants by the
				  department for projects related to hazardous substance discharge and
				  environmental repair response actions. This chapter is adopted pursuant to ss.
				  227.11(2)
				  and
				  289.06(1) and
				  (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 734 - Selecting and contracting environmental consulting services › Section NR 734.02 - Applicability

Current through June 24, 2024
This chapter applies to the department's selection of, and
				  contract negotiations with, consultants which the department proposes to hire
				  to conduct response actions under the authority of ch. 292,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 734 - Selecting and contracting environmental consulting services › Section NR 734.03 - Definitions

Current through June 24, 2024
(1)"Consultant data record form" means a form
				upon which consultants provide specific data requested by the department to
				facilitate evaluation of their performance capabilities, experience, personnel
				and staff and information on past projects.
(2)"Consultant proposal" means those
				documents submitted by a consultant, indicating interest in providing
				professional services to the department for a proposed project. The documents
				may include a tentative project work schedule, the method and shall identify
				the staff that would be employed to meet the requirements of the proposed
				project and other information, as requested by the department.
(3)"Project" means any response action which
				the department proposes to conduct or conducts.
(4)"Minority business" means a business
				certified by the department of administration pursuant to s.
				16.287(2),
				Stats.
(5)"Selection committee"
				means a group composed of department employees appointed by the department
				secretary, or his or her designee, for the purpose of selecting consultants to
				provide professional services to the department for a project.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 734 - Selecting and contracting environmental consulting services › Section NR 734.05 - Consultant qualification list

Current through June 24, 2024
(1)The department
				shall maintain a list of consultants interested in providing professional
				services to the department. Consultants who wish to be on the list may submit a
				consultant data record form to the department at any time, listing their
				qualifications.
(2)Updated
				consultant data record forms or verification that the information currently on
				file is still accurate shall be submitted to the department by January 15th of
				even numbered years in order to remain eligible for providing professional
				services to the department.
(4)The
				consultant data record forms shall include a request for information on the
				firm's status as a minority business.
Consultant data record forms may be obtained by contacting
					 the DNR's Bureau for Remediation and Redevelopment, Fiscal and Information
					 Technology Section, Public Information Request, 101 S. Webster St., P.O. Box
					 7921, Madison, WI 53707.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 734 - Selecting and contracting environmental consulting services › Section NR 734.07 - Selection process

Current through June 24, 2024
(1) A list of consultants that, based on an
				accurate and completed consultant data record form, possess the necessary
				capabilities for each proposed project shall be provided to the selection
				committee members.
(2) The
				selection committee shall review the requirements of each project and the
				qualifications of consultants and select a consultant considered to be
				appropriate for each project.
(3)
				When selecting a consultant, the selection committee may utilize any of the
				procedures specified in ss.
				NR
				734.09,
				734.11 and
				734.13, for projects with projected
				costs less than $2,500,000.
(4) For
				projects with projected costs greater than $2,500,000, the selection committee
				shall utilize the procedures in s.
				NR
				734.13.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 734 - Selecting and contracting environmental consulting services › Section NR 734.09 - Committee nomination procedure

Current through June 24, 2024
(1) Any member of
				the selection committee may nominate a consultant for consideration. The
				nominated consultant shall either be from the list of consultants supplied
				under s.
				NR
				734.07(1) or the consultant shall, at
				the request of the committee, complete a consultant data record form within 20
				days after nomination. If the nominated consultant fails to provide a completed
				consultant data record form within that time frame the consultant's name shall
				be removed from consideration for the project.
(2) Upon review of the consultant data record
				forms of nominated consultants for appropriate capabilities, the committee
				shall select one or more consultants considered appropriate for the proposed
				project.
(3) Upon selection, the
				selection committee shall request a proposal from one or more
				consultants.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 734 - Selecting and contracting environmental consulting services › Section NR 734.11 - Request for qualifications

Current through June 24, 2024
(1) The selection
				committee may request consultants who have submitted a consultant data record
				form to submit an additional statement of qualifications specific to a
				project.
(2) Criteria for
				evaluating the project-specific qualifications shall be established by the
				selection committee or a designee of the chairperson prior to the review of the
				statement of qualifications.
(3)
				Proposals may be requested from one or more consultants who meet the
				project-specific qualification criteria.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 734 - Selecting and contracting environmental consulting services › Section NR 734.13 - Public notice for proposals

Current through June 24, 2024
(1)For project
				shaving an estimated cost which exceeds $2,500,000, an invitation for any
				consultant to submit a project-specific statement of qualifications for
				consideration by the selection committee shall be published by the department
				as a class 2 notice under ch. 985, Stats., in the official state newspaper. The
				notice shall contain, at a minimum, all of the following information:
(a) Project title and location.
(b) Name of the department.
(c) Date and place where project information
				and scope of work may be obtained.
(d) Description of services
				required.
(e) Location where
				proposals will be received and the date and time receipt of proposals will
				close.
(f) Name and phone number of
				the department contact.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 734 - Selecting and contracting environmental consulting services › Section NR 734.15 - Request for proposal

Current through June 24, 2024
(1)Upon selection of one or more qualified
				consultants, the selection committee shall transmit to the consultants the
				department's project scope of work and a request for a proposal for completing
				the project.
(2)The selection
				committee may request proposals from any number of qualified
				consultants.
(3)The department's
				proposed project scope of work shall include all of the following:
(a) Consultant reporting
				requirements.
(b) Consultant data
				generation requirements.
(c) The
				requirements for a site safety plan.
(d) A copy of the department's standard
				contract.
(e) Any other
				project-specific requirements.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 734 - Selecting and contracting environmental consulting services › Section NR 734.17 - Proposal review

Current through June 24, 2024
In selecting a consultant for a project, the department shall
				  consider the adequacy of the proposal submitted under s.
				  NR 734.15,
				  in addition to the information in subs. (1) to (5).
(1) Past performance on similar
				  projects.
(2) Experience and
				  expertise necessary for the specific project.
(3) Availability of qualified environmental
				  staff, as required by ch. NR 712.
(4) The consultant's geographic proximity to
				  the site or facility.
(5) Status as
				  a minority-owned firm.
The department shall attempt to ensure that at least 5% of
					 the total amount expended under this section in each fiscal year is paid to
					 minority businesses, as required in s.
					 23.41(6),
					 Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 734 - Selecting and contracting environmental consulting services › Section NR 734.19 - Interview

Current through June 24, 2024
(1) If the selection committee considers it
				necessary, the committee may interview one or more consultants for the purpose
				of discussing the department's requested scope of services and the consultant's
				proposed method to implement the department's scope of work.
(2) Upon completion of the consultant's
				presentations, the selection committee shall select a consultant in accordance
				with the requirements of s.
				NR 734.15.
				An alternate consultant may also be designated by the committee.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 734 - Selecting and contracting environmental consulting services › Section NR 734.21 - Award of contract

Current through June 24, 2024
(1)The department may negotiate the costs and
				scope of work for any project with a consultant.
(2)Upon completion of contract negotiations,
				a contract shall be sent to the consultant for signature.
(3)The contract shall be signed by the
				consultant and the department's secretary.
(4)Projects with a cost greater than $60,000
				shall be signed by the governor, in addition to the signatures required
				pursuant to sub. (3).
(5)No work on
				a project may commence until after the required signatures have been
				obtained.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 734 - Selecting and contracting environmental consulting services › Section NR 734.23 - Performance reporting

Current through June 24, 2024
The department may evaluate the performance of consultants,
				  create a written record of that evaluation, provide summaries of the evaluation
				  to the consultant, provide the consultant an opportunity to discuss the
				  evaluation with the department and allow the consultant to submit a written
				  response for inclusion in the record.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 736 - Advertising, bidding and award of environmental construction contracts › Section NR 736.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to establish procedures for
				  the department to implement the award of contracts for environmental
				  construction contracts pursuant to s.
				  23.41,
				  Stats. This chapter is adopted pursuant to ss.
				  227.11(2),
				  289.06(1) and
				  (2),
				  292.11,
				  292.31, and
				  292.41,
				  Stats.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 736 - Advertising, bidding and award of environmental construction contracts › Section NR 736.02 - Applicability

Current through June 24, 2024
This chapter applies to the department's bidding and award of
				  environmental construction contracts with estimated construction costs that
				  exceed $60,000, which the department proposes to enter into for response
				  actions taken under the authority of s.
				  292.11,
				  292.31, or
				  292.41,
				  Stats.
Small environmental construction projects, with an
					 estimated construction cost of $60,000 or less, will be processed by the
					 department using expedited procedures not set forth in this chapter.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 736 - Advertising, bidding and award of environmental construction contracts › Section NR 736.03 - Definitions

Current through June 24, 2024
In this chapter:
(2)"Bid" means a completed standard bid form
				on which the bidder has set forth the price or prices for which the bidder
				shall be willing to enter into a contract to perform and complete the work bid,
				in full compliance with the contract documents.
(3)"Bidder" means a person that submits a
				bid.
(4)"Bidder's authorized
				representative" means an individual who has been provided, in writing, the
				authority to act in the bidder's behalf.
(5)"Bidding period" means the time from the
				date of first posting of the public notice to the time of bid
				opening.
(6)"Bid guarantee" means a
				properly executed form of bid bond, a bank certified check, or a cashier's
				check, in an amount equal to 10% of the highest combination base bid or bids
				and alternate bids submitted.
(7m)"Public notice" means a posting of a
				project and the procedures to be used to submit a bid for the project on a
				publicly accessible website.
(8)"Supporting document" means those
				documents submitted with a bid, including the bid guarantee, a power of
				attorney if a bid bond is submitted as bid guarantee, required affidavit forms
				and other information specifically requested by the department.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 736 - Advertising, bidding and award of environmental construction contracts › Section NR 736.05 - Public notice

Current through June 24, 2024
(1)All drawings and specifications for the
				project shall be available for distribution to prospective bidders on or before
				the date upon which the public notice for proposals shall be posted. The public
				notice for proposals shall specify the following information:
(a) Location of the work.
(b) Identification of the department as the
				owner.
(c) Scope of the work, which
				describes the primary function of the project.
(d) That a 10% bid guarantee shall be
				required.
(e) Date and time receipt
				of bids shall close and public opening shall occur.
(f) Location where bids shall be
				received.
(g) Date, time and
				location where drawings and specifications shall be available.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 736 - Advertising, bidding and award of environmental construction contracts › Section NR 736.07 - Issuance of addenda

Current through June 24, 2024
(1)The department may issue addenda during
				the bidding period to correct, alter or to provide clarification of the
				drawings and specifications or other contract requirements for the project
				being bid or to extend the bidding period. No oral correction, alteration or
				clarification of bid documents shall be considered valid.
(2)Each addendum issued shall be identified
				by project number and title, date of addenda and assigned an addendum number
				which will indicate consecutive issue.
(4)No addenda shall be issued during the last
				7 days prior to the published bid opening date, unless such addenda include an
				extension of the bid opening date for a minimum of 7 additional days.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 736 - Advertising, bidding and award of environmental construction contracts › Section NR 736.09 - Submittal and receipt of bids

Current through June 24, 2024
(1)All bids shall
				be submitted in sealed envelopes, unless otherwise directed by the department.
				The department may allow alternate methods of submitting and accepting
				bids.
(2)For sealed bids, the
				bidder shall place all of the following information on the face of the envelope
				containing the bidder's proposal:
(a) A
				statement that the envelope contains a sealed bid.
(b) Project name.
(c) Project number.
(d) Location of project.
(e) Bid date.
(f) Name and address of bidder.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 736 - Advertising, bidding and award of environmental construction contracts › Section NR 736.11 - Withdrawal of bids

Current through June 24, 2024
At any time before the date and time of bid opening, a bidder
				  or the bidder's representative may withdraw the bid without prejudice to the
				  right of the bidder to submit a new bid. Withdrawal of a bid may be
				  accomplished by one of the following methods:
(1) A written request submitted and signed by
				the bidder's letterhead stationery.
(2) Personal appearance of the bidder or the
				bidder's authorized representative. Either individual shall be required to sign
				a receipt for the withdrawn bid.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 736 - Advertising, bidding and award of environmental construction contracts › Section NR 736.13 - Bid opening

Current through June 24, 2024
(1) A representative of the department shall
				preside at the bid opening as the bidding officer. At the date and time for bid
				opening, the bidding officer shall announce to those in attendance that bidding
				is officially closed and public opening and reading of bids will
				commence.
(2) All of the following
				rules shall be observed when reading the bids:
(a) Following identification of each bid to
				be read, it shall be publicly stated whether a bid guarantee has or has not
				accompanied the bid. If a bid guarantee has not accompanied the bid, the
				remainder of the bid contents may not be read.
(b) Where both written word and numerical
				dollar amounts are requested on the bid form, the written word amount is the
				amount that controls and that shall be publicly read.
Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 736 - Advertising, bidding and award of environmental construction contracts › Section NR 736.15 - Rejection of bids

Current through June 24, 2024
(1)The department shall reject any bid which
				evidences any of the following conditions:
(a)
				The base bid amount and alternate bid amounts as requested in the
				specifications have not been entered on the bid form.
(b) The bid form has not been signed by the
				bidder.
(c) The bid guarantee has
				not accompanied the bid form.
(d)
				Receipt of an addendum applicable to the award of contract has not been
				acknowledged on the bid form.
(e)
				The bid form has been altered or changed in such a way that it incorporates
				unsolicited material, either directly or by reference, which would alter any
				essential provision of the contract documents or require consideration of the
				unsolicited material in determining the award of contract.
(f) The bid is submitted by a bidder whom,
				through investigation, is found not to be qualified or responsible under s.
				NR
				736.17(2).
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 738.01 - Purpose

Current through June 24, 2024
The purpose of this chapter is to provide criteria for using
				  state moneys from the environmental fund for temporary emergency water
				  supplies, when water supply systems have been adversely affected by
				  environmental pollution from a site or facility subject to s.
				  292.31,
				  Stats., or by a hazardous substance discharge subject to s.
				  292.11,
				  Stats. This chapter is adopted pursuant to s.
				  227.11(2),
				  Stats., and ch. 292, Stats.
Section
					 281.75,
					 Stats., as implemented under ch. NR 123, provides for reimbursement from the
					 well compensation fund for eligible costs associated with temporary and
					 permanent water supply replacements. Also note, specific authority for this
					 chapter is in s.
					 292.31(3)
					 (b) 7,
					 Stats.
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 738.02 - Applicability

Current through June 24, 2024
This chapter applies to actions taken by the department under
				  ch. 292, Stats., to provide temporary emergency water supplies to an affected
				  party with a "contaminated well" or "contaminated private water supply"
				  impacted by environmental pollution from a site or facility subject to s.
				  292.31,
				  Stats., or impacted by a discharge of a hazardous substance subject to s.
				  292.11,
				  Stats. This chapter also applies to certain situations where the department
				  provides potable water in accordance with the provisions set out in s.
				  281.77,
				  Stats.
Section
					 281.77,
					 Stats., as implemented under ch. NR 123, provides for reimbursement from the
					 well compensation fund for eligible costs associated with replacement of a
					 private water supply impacted by contamination caused by an approved facility,
					 as defined in s.
					 289.01(3),
					 Stats.
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 738.03 - Definitions

Current through June 24, 2024
The following definitions apply to this chapter:
(1) "Advisory" means a written opinion,
				issued by the department, containing a specific descriptive reference to the
				well or water supply and recommending that the well or water supply not be used
				because of potential human health risks.
(2) "Affected party" means a landowner,
				lessee or other person utilizing a contaminated well or water supply. Affected
				party does not include:
(a) The state or any
				facility owned or operated by the state;
(b) A city, village, town, county or special
				purpose district;
(c) A federal
				agency, department or instrumentality;
(d) An interstate agency.
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 738.06 - Eligible and ineligible services

Current through June 24, 2024
(1) ELIGIBLE
				SERVICES. The department may use environmental fund moneys to pay for any of
				the following eligible services:
(a)
				Obtaining a temporary emergency water supply for a maximum period of 6 months
				after the date of issuance of an advisory or until such time as the
				contaminated water supply has been permanently replaced by an uncontaminated
				supply or is determined by the department to have returned to an uncontaminated
				condition, whichever occurs first. The department may grant a variance to
				authorize the extension of the temporary emergency water supply pursuant to s.
				NR
				738.14.
(b) Equipment used for treating the
				contaminated private water supply on a temporary emergency basis only if a skin
				contact or inhalation advisory has been issued by the department of health
				services.
(c) Bulk water supplied
				only if a skin contact or inhalation advisory has been issued by the department
				of health services.
(d) Other costs
				as deemed necessary by the department.
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 738.10 - Request for temporary emergency water supply

Current through June 24, 2024
Any affected party may make a request to the department for
				  provision of a temporary emergency water supply. The written request shall be
				  submitted to the department's section chief for the fiscal and information
				  technology section, bureau for remediation and redevelopment, and shall contain
				  the following information:
(1)The
				affected party's name, address and telephone number, including the area
				code.
(2)A copy of the test
				analyses required in s.
				NR
				738.11(3).
(3)A copy of the advisory which was issued or
				approved by the department as required in s.
				NR
				738.11(4).
(4)A statement requesting that the department
				provide a temporary emergency water supply under this chapter.
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 738.11 - Determination of eligibility

Current through June 24, 2024
Except as otherwise provided in this chapter, an affected
				  party may receive a temporary emergency water supply funded with moneys from
				  the environmental fund if all of the following criteria are met:
(1)The source of potable water is from a
				contaminated well or contaminated water supply.
(2)The contamination is known or is suspected
				by the department to be from environmental pollution or a hazardous substance
				discharge subject to s.
				292.11
				or
				292.31,
				Stats.
(3)Sampling is conducted in
				accordance with all of the following requirements:
(a) Test analyses of at least one sample
				shall be taken. The department may require more than one sample be taken and
				analyzed.
(b) The samples shall be
				analyzed by the state laboratory of hygiene or by a laboratory certified under
				s.
				299.11,
				Stats., using a methodology specified in ch. NR 809 or from a reference method
				authorized by ch. NR 219.
(c) Test
				results shall be sufficiently recent to reflect present water quality as
				determined by the department.
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 738.12 - Department approval and payment

Current through June 24, 2024
(1) GENERAL. The
				department shall evaluate requests for a temporary emergency water supply in
				accordance with the criteria in ss.
				NR
				738.10 and
				738.11.
(2)OWNERSHIP. Provision of a temporary
				emergency water supply shall be contingent upon the affected party entering
				into a written agreement with the department that the affected party shall own
				and be responsible for the proper maintenance of any physical equipment
				constructed or provided as part of the temporary emergency water
				supply.
(3)APPROVAL. When the
				department determines that the eligibility criteria in subs. (1) and (2) have
				been met, the department shall approve the use of environmental fund moneys and
				shall do all of the following:
(a) Provide the
				affected party with a written approval for the provision of a temporary
				emergency water supply within 14 days of receiving the written
				request.
(b) Make the necessary
				arrangements for provision of temporary emergency water supplies to the
				affected party.
(c) Select the most
				appropriate temporary emergency water supply.
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 738.13 - Denial of requests or termination of funding

Current through June 24, 2024
The department shall deny a request or terminate the use of
				  environmental fund moneys if one or more of the following applies to the
				  affected party, contaminated well or contaminated water supply:
(1)The request is not within the scope of
				this chapter as determined by the department.
(2)The affected party submits a fraudulent
				request.
(3)The request is for
				reimbursement of costs incurred before the date of issuance of an
				advisory.
(4)One or more of the
				contaminants was introduced into the well by the plumbing connected to the
				well.
(5)One or more of the
				substances upon which the request is based was introduced into the well or
				water supply intentionally by an affected party or a person who would be
				directly benefited by the provision of the temporary emergency water supply or
				a person who aids and abets the introduction of the substance, or a person who
				is a party to a conspiracy with another to commit, advise, hire, counsel or
				procure another to introduce the substances into the well or water
				supply.
(6)All of the substances
				upon which the request is based are naturally occurring substances and are not
				a result of environmental pollution or a hazardous substance discharge subject
				to s.
				292.11
				or
				292.31,
				Stats., as determined by the department.
(7)The water supply is contaminated by
				bacteria or nitrate or both and is not contaminated by any other substance.
				This subsection does not apply to a residential well that is in an area of
				special eligibility for compensation as declared by the department under s.
				NR
				738.06(1m).
(8)The request is submitted by an affected
				party who has been determined by the department to be a responsible party
				pursuant to s.
				292.31(8)
				or
				292.11(3),
				Stats.