Chapter NR 747
PETROLEUM ENVIRONMENTAL CLEANUP FUND
Subchapter I — Purpose, Authority and Application
NR 747.03 Emergency awards.
Subchapter II — Program Eligibility
NR 747.10 Initial claim eligibility.
NR 747.11 Tank registration.
NR 747.115 Nonregistered tanks and out-of-service tanks.
NR 747.13 Exclusive remedy and liability.
NR 747.14 Right to recover actions.
NR 747.15 Assignment of awards.
Subchapter III — Reimbursement Procedures
NR 747.30 Eligible cost items for remediation.
NR 747.305 Costs associated with loans.
NR 747.31 Incentives for cost-effective remediation.
NR 747.325 Usual and customary costs.
NR 747.33 Comparative proposals and bid processes for remediation activities and services.
NR 747.335 Site investigation and remedial action plan development cap.
NR 747.337 Site investigation and remedial action.
NR 747.338 Review of existing sites.
NR 747.339 Cost effective remediations.
NR 747.34 Reduction of deductible, based on financial hardship.
NR 747.355 Award payments for claims received by the department on or after April 21, 1998.
NR 747.36 Third-party claims.
NR 747.37 Recovery of awards.
Subchapter IV — Credentials, Laboratories, Drilling Firms and Audits
NR 747.40 Reimbursement and credentials.
NR 747.41 Laboratories and drilling firms.
NR 747.42 Field and financial audits.
Subchapter V — Legal Issues
NR 747.50 Notifying the department of real estate transactions.
NR 747.52 Dispute resolution procedures.
NR 747.53 Appeals and hearings.
Subchapter VI — Competitive Public Bidding
NR 747.60 Selection of an investigation consulting firm and notification to the department.
NR 747.61 Management during a site investigation.
NR 747.62 Periodic progress reporting during a site investigation.
NR 747.623 Assignment to public bidding.
NR 747.625 Claim submittal required.
NR 747.63 Exemptions from competitive public bidding.
NR 747.64 Bidding completion of an investigation.
NR 747.65 Department to determine scope of work to be bid.
NR 747.66 Bidder qualifications.
NR 747.67 Disqualification from bidding.
NR 747.68 Competitive public bidding process.
NR 747.69 Responsible party's contract with a bidder.
NR 747.70 Monitoring the progress of the scope of work in the bid.
NR 747.71 Special requirements for existing sites.
Ch. NR 747 Note
Note: Chapter ILHR 47 was created as an emergency rule effective January 1, 1993.
Chapter ILHR 47 was renumbered Chapter Comm 47 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 7., Stats.,
Register, December, 1998, No. 516. Chapter Comm 47 was renumbered chapter SPS 347 under s. 13.92 (4) (b) 1., Stats.,
Register December 2011 No. 672.
Chapter SPS 347 was renumbered Chapter NR 747 under s. 13.92 (4) (b) 1., Stats., Register October 2013 No. 694. NR 747.01(1)
(1)
PECFA Fund. The purpose of this chapter is to provide information on the Petroleum Environmental Cleanup Fund program, also referred to as the Petroleum Storage Environmental Remedial Action Fund and the Petroleum Storage Remediation Fund; outline the processes and procedures for filing a claim for an eligible remediation and specify the process of determining award amounts.
NR 747.01(2)
(2) Statutory authority. This chapter is adopted pursuant to s.
292.63, Stats.
NR 747.01(3)(a)(a) The PECFA fund does not relieve a responsible party from liability. The individual or organization responsible for a contaminated property shall carry out the remediation of that property. PECFA's role is to provide monetary awards to responsible parties who have completed and paid for PECFA-approved remediation activities and services. The availability or unavailability of PECFA funding shall not be the determining factor as to whether a remediation shall be completed.
NR 747.01(3)(b)
(b) The responsible party shall be the primary point for the control of costs within the PECFA program. The focus of the program will be to maintain the responsible party as the central control point throughout the claim process.
NR 747.01(4)
(4) Control of costs. The framework for the control of costs within the PECFA program shall be based upon the responsible party minimizing costs in all phases of the remediation. The primary structural factors for the control of costs include the following:
NR 747.01(4)(a)
(a) The selection of a consulting firm through a comparison of at least 3 proposals. Once selected, the firm may only provide professional consulting services on the remediation;
NR 747.01(4)(b)
(b) The requirement to purchase or contract for commodity services through the use of competitive bids;
NR 747.01(4)(c)
(c) The consideration of the costs and benefits of remediation alternatives;
NR 747.01(4)(d)
(d) The use of environmental factors to determine the eligible range of responses on a site;
NR 747.01(4)(e)
(e) The use of site bundling and competitive bidding to reduce costs;
NR 747.01(4)(f)
(f) The registration for participation in the PECFA program, only those consultants and consulting firms which meet specific qualifying criteria and standards of conduct; and
NR 747.01(4)(g)
(g) The publication of cost guidelines for cost-effective remediations.
NR 747.01(5)
(5) Most cost-effective remediation alternative. The PECFA fund shall ensure that awards are made for only the most cost-effective remediation alternative. The department may allow a higher cost alternative provided:
NR 747.01(5)(a)
(a) The responsible party assures personal payment of the difference in cost between the lowest cost remediation and the higher cost alternative desired; or
NR 747.01(5)(b)
(b) The department determines that the objectives of the PECFA program would be furthered by the use of a specific remedial technology.
NR 747.01 History
History: Cr.
Register, February, 1994, No. 458, eff. 3-1-94; am. (2), (3) (a), (4) (c) and (5), renum. (4) (d) and (e) to be (4) (f) and (g), cr. (4) (d) and (e),
Register, December, 1998, No. 516, eff. 1-1-99;
correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694. NR 747.015
NR 747.015 Definitions. In this chapter:
NR 747.015(1)
(1) “Active treatment" means a remedial activity that is not natural attenuation or monitoring but is conducted in situ. Active treatment includes use of biological or chemical agents to augment remediation of contamination.
NR 747.015(2)
(2) “Agent" means a person or organization designated by an owner, operator or person owning a home oil tank system to act on behalf of the owner or operator or person owning the home oil tank system in conducting the remedial activities.
NR 747.015(3)
(3) “Annual aggregate" means the total amount of awards that an owner or operator may obtain during a program year under this chapter.
NR 747.015(4)
(4) “Award" means the reimbursement provided to an owner or operator or person owning a home heating oil tank system for eligible costs incurred because of a petroleum product discharge from a petroleum product storage system or home oil tank system.
NR 747.015(5)
(5) “Bodily injury" has the meaning under s.
292.63 (1) (ad), Stats., however, this term shall not include those liabilities which, consistent with standard insurance industry practices, such as specified in
s. Ins 6.35, are excluded from coverage in liability insurance policies for bodily injury.
NR 747.015(6)
(6) “Claimant" means any party who is eligible to submit a claim for an award under this chapter. Under this chapter, the claimant may also be the responsible party.
NR 747.015(7)
(7) “Closed remedial action" means that the department has determined, based on information available at the time, that no further action is necessary. A closed remedial action includes the approval of remediation by natural attenuation as a final site remedy. A determination that no further action is required might include one or more deed or use restrictions placed on a property, or other requirements, which are conditions for approval.
NR 747.015(8)
(8) “Consultant" means a person who performs or provides professional investigation, interpretation, design or technical project management services including, but not limited to, conducting site investigations, preparing remedial action plans and alternatives, and interpretation of data for passive or active bio-remediation systems. An owner or operator may prepare bid documents and complete other requirements of the bid process without being designated as a consultant.
NR 747.015 Note
Note: See s.
SPS 305.81 for departmental credential requirements for consultants.
NR 747.015(9)
(9) “Consulting firm" means a corporation, partnership, sole proprietor or independent contractor who performs or provides professional engineering or hydrogeology services including but not limited to conducting site investigations, preparing remedial action plans and alternatives, designing and supervising the installation of remedial systems and plans for passive bio-remediation with long-term monitoring.
NR 747.015 Note
Note: See s.
SPS 305.80 for departmental credential requirements for consulting firms.
NR 747.015(10)
(10) “Costs incurred" means costs integral to the remediation of a site which have been paid by a responsible party. Costs are considered incurred when funds are disbursed to the creditor, i.e., invoices have been paid and verification is available.
