NR 169.11 Note
Note: Section
NR 169.23 (6) (a) requires the remedial action proposals included in these bids to evaluate as detailed in ch.
NR 722 the technical and economic feasibility of each appropriate alternative for a site. Chapter
NR 722 requires that each alternative considered, not just the proposed alternative, be evaluated for technical and economic feasibility.
NR 169.11 Note
Note: Forms are available at no charge from the remediation and redevelopment program in any department regional or central office or by contacting the department at (608) 266-2111.
NR 169.11(1)(c)12.
12. Obtain department approval for the selected bidder and remedial alternative.
NR 169.11 Note
1. Recovering any recoverable dry cleaning solvent from the environment.
NR 169.11 Note
2. Managing any residual solid or hazardous waste in a manner consistent with local, state and federal law.
NR 169.11 Note
3. Restoring groundwater according to the standards promulgated by the department under ss.
160.07 and
160.09, Stats.
NR 169.11(1)(c)14.
14. Sign a statement agreeing to comply with all applicable rules and regulations, including agreeing to continue to operate, monitor and maintain all remedial systems until the department determines they are no longer needed as part of the remedial action.
NR 169.11(1)(c)15.
15. Within 120 days of completing the remedial action submit a final reimbursement application as specified in
s. NR 169.13 which documents all eligible actions and associated costs.
NR 169.11 Note
Note: Forms are available at no charge from the remediation and redevelopment program in any department regional or central office or by contacting the department at (608) 266-2111.
NR 169.11(2)
(2) Pollution prevention requirements. Applicants shall implement the pollution prevention requirements in s.
292.65 (5), Stats., at their dry cleaning facilities before submitting a reimbursement application.
NR 169.11 Note
Note: Section
292.65 (5), Stats., provides that: (a) 1. The owner or operator of a dry cleaning facility on which construction begins after October 14, 1997, is not eligible for an award under this section unless the owner or operator has implemented the enhanced pollution prevention measures described in par. (b).
NR 169.11 Note
2. The owner or operator of a dry cleaning facility on which construction began on or before October 14, 1997, is ineligible for an award under this section with respect to a discharge that occurs on or after the 91st day after the day on which the department issues a case closure letter with respect to an earlier discharge of dry cleaning solvent from the dry cleaning facility, unless the owner or operator has implemented the enhanced pollution prevention measures described in par. (b).
NR 169.11 Note
(b) An owner or operator who is required to implement enhanced pollution prevention measures under par. (a) shall demonstrate all of the following:
NR 169.11 Note
1. That the owner or operator manages all wastes that are generated at the dry cleaning facility and that contain dry cleaning product as hazardous wastes in compliance with ch.
291, Stats., and
42 USC 6901 to
6991i.
NR 169.11 Note
2. That the dry cleaning facility does not discharge dry cleaning product or wastewater from dry cleaning machines into any sanitary sewer or septic tank or into the waters of this state.
NR 169.11 Note
3. That each machine or other piece of equipment in which dry cleaning product is used, or the entire area in which those machines or pieces of equipment are located, is surrounded by a containment dike or other containment structure that is able to contain any leak, spill, or other release of dry cleaning product from the machines or other pieces of equipment.
NR 169.11 Note
4. That the floor within any area surrounded by a dike or other containment structure under subd. 3. is sealed or is otherwise impervious to dry cleaning product.
NR 169.11 Note
5. That any perchloroethylene delivered to the dry cleaning facility is delivered by means of a closed, direct–coupled delivery system.
NR 169.11 Note
(c) The owner or operator of a dry cleaning facility is not eligible for an award under this section unless the owner or operator has implemented the following enhanced pollution prevention measures:
NR 169.11 Note
1. That the owner or operator manages all wastes that are generated at the dry cleaning facility and that contain dry cleaning product as hazardous wastes in compliance with ch.
291, Stats., and
42 USC 6901 to
6991i.
NR 169.11 Note
2. That the dry cleaning facility does not discharge dry cleaning product or wastewater from dry cleaning machines into any sanitary sewer or septic tank or into the waters of this state.
NR 169.11 Note
3. That any perchloroethylene delivered to the dry cleaning facility is delivered by means of a closed, direct–coupled delivery system.
NR 169.11 Note
Note: Section
292.65 (4) (g), Stats., provides that an owner or operator is not required to complete an investigation or prepare a remedial action plan before conducting an immediate action activity if the department determines that an immediate action is necessary per ch.
NR 708. Section
292.65 (4) (h), Stats., provides that an owner or operator is not required to complete an investigation or prepare a remedial action plan before conducting an interim action activity if the department determines that an interim action is necessary per ch.
NR 708.
NR 169.11 History
History: CR 04-128: cr.
Register July 2005 No. 595, eff. 8-1-05;
CR 12-023: am. (1) (c) 9.
Register October 2013 No. 694, eff. 11-1-13.
NR 169.13 Note
Note: Section
292.65 (8) (f), Stats., provides that an award to reimburse costs of immediate actions, site investigations and cleanup at a single facility may not exceed $500,000.
NR 169.13 Note
Note: Section
292.65 (7) (a), Stats., provides that eligible costs include reasonable and necessary costs incurred for the following items only:
NR 169.13 Note
1. Removal of dry cleaning solvents from surface waters, groundwater or soil.
NR 169.13 Note
2. Investigation and assessment of contamination caused by a dry cleaning solvent discharge from a dry cleaning facility.
NR 169.13 Note
3. Preparation of remedial action plans.
NR 169.13 Note
4. Removal of contaminated soils.
NR 169.13 Note
5. Soil and groundwater treatment and disposal.
NR 169.13 Note
6. Environmental monitoring.
NR 169.13 Note
7. Laboratory services.
NR 169.13 Note
8. Maintenance of equipment for dry cleaning solvent recovery performed as part of remedial action activities.
NR 169.13 Note
9. Restoration or replacement of a private or public potable water supply.
NR 169.13 Note
10. Restoration of environmental quality.
NR 169.13 Note
11. Contractor costs for remedial action activities.
NR 169.13 Note
12. Inspection and supervision.
NR 169.13 Note
14. Other costs identified by the department as reasonable and necessary for proper investigation, remedial action planning and remedial action activities to meet the requirements of s.
292.11, Stats.
NR 169.13 Note
Note: Costs incurred after October 14, 1997 and before February 1, 2000 will not be denied for failure to conform with the bidding provisions in this chapter, but will be reviewed and evaluated for reasonableness under this section.
NR 169.13 Note
Note: Equipment purchased to remediate environmental contamination belongs to applicant when the remediation is complete and is not property of the department.
NR 169.13(2)(b)
(b)
Site investigation scoping. Costs for site investigation scoping are eligible costs if they are limited to the scoping of discharges of dry cleaning products from former or current dry cleaning facilities, they result in the documentation of a discharge and subsequent notification of that discharge, per s.
292.11, Stats., and the department deems them reasonable. The results, including data, from that scoping shall be made available to all consultants from whom workplans are requested as part of the bidding process.
NR 169.13(2)(c)
(c)
Site investigation workplan. Costs for preparation of a site investigation workplan by the consultant who is awarded the contract are eligible costs, if the department determines that they are reasonable.
NR 169.13(2)(d)
(d)
Bid proposal costs. Costs paid to the consultant who is awarded the contract for preparation of a remedial action bid proposal, including costs to analyze the economic and technical feasibility of a selected remedy are eligible costs if the department determines that they are reasonable.
NR 169.13(2)(e)
(e)
Costs limitation. Reimbursement of eligible costs for remedial actions will be limited to the costs identified for the lowest cost alternative approved by the department.
NR 169.13 Note
Note: Eligible applicants may conduct a more costly remedy, but reimbursement will be limited to the maximum identified for the lowest cost acceptable alternative approved for the site. Criteria and requirements in ch.
NR 726 determine whether a site may be closed.
NR 169.13(2)(f)1.
1. Actual costs for equipment, supplies or services that are used exclusively for the response action. The department may reimburse an owner or operator who buys equipment used exclusively for the response action the net cost (purchase cost less salvage value) of the equipment as determined by the department, but not to exceed the reasonable cost of renting the equipment.
NR 169.13(2)(f)2.
2. Normal employee wages, salaries, expenses or fringe benefits allocated to hours that the employees of the owner or operator worked on a response action.
NR 169.13(2)(f)3.
3. Costs that do not exceed $15,000 that the department determines are integral to the response action for dry cleaning solvent discharged from a dry cleaning facility and are incurred for any of the following purposes:
NR 169.13(2)(f)3.a.
a. To remove existing structures, fixtures, and building components in order to access and investigate, treat, or remove contaminated soil or water.
NR 169.13(2)(f)3.c.
c. To replace existing building components destroyed or damaged beyond reuse by removal. Existing building components shall be salvaged and reused to the extent practicable, but existing building components destroyed or damaged beyond reuse by removal may be replaced by building components of comparable or lesser value than the value of the destroyed or damaged components before removal.
NR 169.13 Note
Note: Building components include windows, siding, and interior and exterior concrete, asphalt, walls, and doorways.
NR 169.13 Note
Note: All other costs to construct, repair, replace, improve, relocate, or demolish a structure, fixture, or building component are ineligible costs under sub. (3).
NR 169.13(3)(a)(a)
General costs. Notwithstanding
sub. (1), costs which the department has determined ineligible for reimbursement under s.
292.65 (7) (c), Stats., include, but are not limited to, the following:
NR 169.13(3)(a)3.
3. Indirect costs charged by a contractor, unless those costs are allocated to the contract according to a reasonable cost allocation formula that the contractor uses for similar contracts.
NR 169.13(3)(a)4.
4. An owner or operator's indirect costs, including indirect costs for equipment, supplies or services.
NR 169.13 Note
Note: This paragraph prohibits allocating indirect costs to the investigation and cleanup of a dry cleaning site. But direct costs for equipment, supplies, services, or employee services may be eligible for reimbursement pursuant to s.
NR 169.13 (2) (f).
NR 169.13(3)(a)5.
5. Costs for the time that the owner or operator, or any officer of the owner or operator, spends planning or implementing a response action.
NR 169.13 Note
Note: This does not prohibit the department from reimbursing normal employee wages, salaries, expenses or other fringe benefits allocated to hours that employees who are not owners, operators or officers spend implementing a response action.
NR 169.13(3)(a)6.
6. Costs to construct, repair, replace, improve, relocate, or demolish any building or fixture except as allowed by
sub. (2) (f) 3.
NR 169.13(3)(a)11.
11. Costs of aesthetic or other improvements that are not essential to a response action, except for restorative grading and filling costs authorized under
sub. (2) (a), and under s.
292.65 (7) (a) 14., Stats.
NR 169.13(3)(a)12.
12. Costs reimbursed from another source. If, after being reimbursed by the department for any cost, a owner or operator is reimbursed for the same cost from another source, the owner or operator shall promptly notify the department and repay any duplicate reimbursement, unless otherwise directed in s.
292.65, Stats.
NR 169.13 Note
Note: Section
292.65 (4) (m), Stats., requires that an owner or operator shall notify the department of any application, including any insurance claim, made to obtain funds to cover eligible costs or to obtain a tax credit based on eligible costs, the status of the application, and, if the owner or operator has received any funds or any tax credit arising from the application, the amount of the funds or tax credit received. Section. 292.65 (7) (c) 4., Stats., authorizes the department to exclude costs that the department determines are unreasonable or unnecessary.
NR 169.13(3)(a)13.
13. Other costs that the department determined to be associated with, but not integral to, the investigation and remediation of a dry cleaning solvent discharge from a dry cleaning facility.
NR 169.13(3)(a)14.
14. Costs that the department determines to be unreasonable or unnecessary to carry out the response activities specified in the bid proposal.
NR 169.13(3)(a)15.
15. Costs for investigation or remedial action conducted at sites located outside this state.
NR 169.13(3)(a)18.
18. Costs incurred by any federal, state or local government entity for services they routinely provide.
NR 169.13(3)(a)19.
19. Investigation or remedial action costs incurred by any federal, state or local government entity unless that entity is an eligible applicant or agent.
NR 169.13(3)(a)20.
20. Costs incurred by a federal, state or local government entity for overseeing investigation or remedial action costs.
NR 169.13(3)(a)21.
21. Costs for a contractor's services that exceed the contractor's bid price for those services, except as provided under
s. NR 169.23.
NR 169.13(3)(a)22.
22. Costs that the owner or operator has not yet paid, or for which the owner or operator may later receive a discount or rebate.
