Wisconsin Administrative Code › Department of Natural Resources › NR 700-799 - Environmental Protection - Investigation and Remediation of Environmental Contamination › Chapter NR 747 - PETROLEUM ENVIRONMENTAL CLEANUP FUND › Subchapter VI - Competitive Public Bidding › Section NR 747.71 - Special requirements for existing sites

Current through June 24, 2024
(1) DEFINITION. For
				  the purposes of this section, a site investigation in progress is any
				  investigation that began but was not completed before May 1, 2006.
(2) NOTIFICATIONS AND INITIAL INVESTIGATION
				  PROGRESS REPORTS FOR INVESTIGATIONS IN PROGRESS. For site investigations in
				  progress on May 1, 2006, the notification form in s.
				  NR
				  747.60(1) and the first investigation
				  progress report under s.
				  NR
				  747.62 for each occurrence shall be submitted no later
				  than 60 days after that date.
(3)
				  SUBSEQUENT REQUIREMENTS. Upon submittal of the notification and report under
				  sub. (2), all of the requirements in s.
				  NR
				  747.62 shall apply, except the requirement for
				  submitting the initial investigation progress report.
Note:
The department forms required in this
					 chapter are available from the Wisconsin DNR, Bureau for Remediation &
					 Redevelopment, P.O. Box 7921, Madison WI 53707-7921, or at
http://dnr.wi.gov/topic/brownfields/pecfa.html
.
(4) OCCURRENCES WITH PREVIOUSLY
				  COMPLETED SITE INVESTIGATIONS. An occurrence for which a site investigation was
				  completed prior to May 1, 2006 shall be subject to the public bidding process
				  in s.
				  NR
				  747.68 when so determined by the department under s.
				  NR
				  747.325 or
				  747.623.
(5) OCCURRENCES WITH REIMBURSEMENT CAPS
				  DETERMINED THROUGH PREVIOUS PUBLIC BIDDING. For occurrences with reimbursements
				  caps determined through the public bidding process under s.
				  292.63(3) (cp),
				  Stats., prior to May 1, 2006, all of the requirements in s.
				  NR
				  747.70 shall apply, except as follows:
(a) The consulting firm performing the work
				  in the bid specifications shall submit the initial progress report required in
				  s.
				  NR
				  747.70(1) (a) 1. 3 months after May
				  1, 2006.
(b) The consulting firm
				  performing the work in the bid specifications shall submit the progress report
				  required in s.
				  NR
				  747.70(1) (a) 2. 12 months after May
				  1, 2006.
(c) Reimbursement for the
				  progress reports required in s.
				  NR
				  747.70(1) (a) shall be in addition to
				  the reimbursement that was previously established through the public bidding
				  process, but may not exceed the reimbursement which is specified for these
				  reports in the department's schedule of usual and customary costs, as
				  established under s.
				  NR
				  747.325.
(d) The reimbursement cap used in s.
				  NR
				  747.70(2) shall be the reimbursement
				  cap determined through the public bidding that preceded May 1, 2006.
(e)
1. For
				  occurrences under the direction of the department, the department may review
				  and modify the reimbursement cap prescribed in par. (d), and may reinitiate
				  competitive bidding through the public bidding process in s.
				  NR
				  747.68, if the modification is necessary to obtain
				  compliance with s. 292.63(3) (c)
				  3, Stats., and with enforcement standards.
2. For occurrences under the direction of the
				  department, the department may review and modify the reimbursement cap
				  prescribed in par. (d), and the department may reinitiate competitive bidding
				  through the public bidding process in s.
				  NR
				  747.68, if the modification is necessary to obtain
				  compliance with s. 292.63(3) (c)
				  3, Stats., and with enforcement standards.
Note:
Under s.
					 292.63(3) (c)
					 3, Stats., a responsible party must "Conduct all remedial action activities at
					 the site of the discharge from the petroleum product storage system or home oil
					 tank system necessary to restore the environment to the extent practicable and
					 minimize the harmful effects from the discharge as required under s.
					 292.11,
					 Stats."
(f)
				  Section
				  NR
				  747.70(4) (a) 5. and 6. does not
				  apply.