NR 747.54(11)(a)(a) The final decision shall be binding and conclusive upon the parties as to the issues that were jointly submitted by the parties for resolution and addressed in the decision.
NR 747.54(11)(b)
(b) As established in s.
292.63 (6s), Stats., the final decision under this section is subject to review under ss.
227.53 to
227.57, Stats., only on the ground that the decision was procured by corruption, fraud, or undue means.
NR 747.54(11)(c)
(c) Except as necessary to show fraud, misconduct, partiality, or excess of jurisdiction or authority, in any enforcement action, a party may not raise, for the purpose of overturning or otherwise challenging the final decision, issues arising in the claim that were not submitted for resolution by arbitration.
NR 747.54(11)(d)
(d) Neither the initiation of an arbitration proceeding nor the rendering of a final decision shall preclude or otherwise affect the ability of the State of Wisconsin, including the department, to do any of the following:
NR 747.54(11)(d)1.
1. Seek injunctive relief or enforcement against the claimant for further remedial action at the site concerned pursuant to s.
101.144, Stats., or any other applicable statute, regulation, or legal theory.
NR 747.54(11)(d)2.
2. Seek any relief for any violation of criminal law from any claimant, consultant, commodity provider, contractor, or subcontractor.
NR 747.54(11)(d)3.
3. Seek any relief, civil or criminal, from any person not a party to the arbitration proceeding under s.
292.63, Stats., or any other applicable statute, regulation, or legal theory.
NR 747.54(12)(a)(a) In any arbitration conducted, all fees and expenses of the arbitrator shall be divided equally among all parties. All other expenses shall be borne by the party incurring them.
NR 747.54(12)(b)
(b) The department shall establish the per diem fee for the arbitrator prior to the commencement of any activities by the arbitrator.
NR 747.54(13)(a)(a) Any party who proceeds with arbitration knowing that any provision or requirement of this section has not been complied with, and who fails to object thereto either orally or in writing in a timely manner, shall be deemed to have waived the right to object.
NR 747.54(13)(b)
(b) The original of any joint submittal for arbitration, modification to any joint submittal for arbitration, pleading, letter, or other document filed in the proceeding, except for exhibits and other documentary evidence, shall be signed by the filing party or by his or her attorney.
NR 747.54(13)(c)
(c) All papers associated with the proceeding that are served by a party to an opposing party shall be served by personal service, or by United States first class mail, or by United States certified mail, return receipt requested, addressed to the party's attorney; or if the party is not represented by an attorney or the attorney cannot be located, to the last known address of the party. All papers associated with the proceeding that are served by the arbitrator or by the department shall be served by personal service or by United States certified mail, return receipt requested, addressed to the party's attorney; or if the party is not represented by an attorney or the attorney cannot be located, to the last known address of the party.
NR 747.54(13)(d)
(d) If any provision of this section, or the application of any provision of this section to any person or circumstance is held invalid, the application of that provision to other persons or circumstances and the remainder of this section shall not be affected thereby.
NR 747.54 History
History: CR 04-058: cr.
Register February 2006 No. 602, eff. 5-1-06; correction in (1) (a), (b) 1., 2., (8) (b) 2. a., (9) (d) 1., 2. made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
corrections in (1) (a), (b) 1., 2., (3) (b) 2., 5., (8) (b) 2. a., (9) (d) 1., 2., (11) (b), (d) 3. made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694. NR 747.60
NR 747.60 Selection of an investigation consulting firm and notification to the department. NR 747.60(1)(a)(a) No later than 14 days after a PECFA-registered consulting firm executes or terminates a written contract with a responsible party for investigating a discharge from a petroleum product storage system, the consulting firm shall submit to the department a notification form prescribed by the department.
NR 747.60 Note
Note: See s.
NR 747.71 for special requirements for existing sites.
NR 747.60 Note
Note: The contracts referenced in this section are required by s.
NR 747.33 (2) (a) 1. As established in s.
NR 747.30 (2) (L) and
(i), the department will not reimburse costs, including interest costs, for any site investigation work performed outside of these contracts.
NR 747.60(1)(b)
(b) After receipt of a termination notice under
par. (a), the department shall notify the responsible party of the requirements in
sub. (2) for a subsequent contract and for ineligibility of interest costs.
NR 747.60(2)(a)(a) If a contract under
sub. (1) is terminated before completion of the investigation, and the responsible party does not, within 60 days after the date of the notice in
sub. (1) (b), perform either of the actions specified in
pars. (b) and
(c), any interest costs relating to the work under the terminated contract, which accrue between the termination date and the beginning of a new contract, may not be reimbursed by the department.
NR 747.60(2)(b)
(b) Execute another written contract with a PECFA-registered consulting firm for completing the investigation.
NR 747.60(2)(c)
(c) Obtain written approval from the department for additional time to comply with
par. (b).
NR 747.60 History
History: CR 04-058: cr.
Register February 2006 No. 602, eff. 5-1-06.
NR 747.61
NR 747.61 Management during a site investigation. NR 747.61(1)(1)
Consulting firm's responsibilities for the investigation. The consulting firm selected to perform the investigation shall be responsible for planning and completing all investigation activities in the most cost-effective manner possible, drawing professional engineering and geologic conclusions from data collected during the investigation, and submitting any consultant reports required by this subchapter or s.
292.63, Stats.
NR 747.61(2)
(2) Department's responsibilities during the investigation. The department shall be responsible for tracking the expenditure of funds for investigation activities as reported by the investigation consulting firm, in accordance with
s. NR 747.62.
NR 747.61(3)
(3) Reimbursement and cost controls during the investigation. For all investigation work that is not publicly bid under this subchapter, the usual and customary cost schedule referenced in
s. NR 747.325 and the maximum costs specified in
s. NR 747.337 (2) shall apply to reimbursement of all costs.
NR 747.61 Note
Note: Under s.
NR 747.33 (6) (c), the department will not require commodity bidding during the investigation, where reimbursement amounts are determined either by the usual and customary cost schedule established under s.
NR 747.325, or by the public bidding process in this subchapter.
NR 747.61 History
History: CR 04-058: cr.
Register February 2006 No. 602, eff. 5-1-06; correction in (2), (3) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
corrections in (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694. NR 747.62
NR 747.62 Periodic progress reporting during a site investigation. NR 747.62(1)(a)(a) To inform the department of the consulting firm's progress and the estimated cost of work remaining in the investigation for each occurrence, the consulting firm for a site investigation shall periodically submit reports to the department in a format prescribed by the department, no later than the recurring, earlier of the following dates:
NR 747.62(1)(a)1.
1. The anniversary date of the contract between the firm and the responsible party, except as provided in
par. (b).
NR 747.62(1)(a)2.
2. The end of the calendar month that follows the month of completion of each investigative phase specified by the department.
NR 747.62 Note
Note: See sub. (3) for information on directives from the department to carry out specific investigation activities.
NR 747.62 Note
Note: See sub. (4) for filing a notice of completion of an investigation.
NR 747.62(1)(b)
(b) After a report is filed under
par. (a) 2., the anniversary shall be based on the date of that report.
NR 747.62(1)(c)
(c) For occurrences that are not covered under s.
101.144 (2) (b), Stats., the department shall send the DNR a copy of the reports received under
par. (a).
NR 747.62 Note
Note: This paragraph is no longer effective and is subject to future repeal. Section 101.144, Stats., was repealed by
2013 Wis. Act 20. The “department" in this paragraph refers to the department of safety and professional services, which no longer has responsibility for occurrences under this section.
NR 747.62 Note
Note: See s.
NR 747.71 for special requirements for existing sites.
NR 747.62(2)
(2) Department response to investigation progress reports. After receiving a progress report under
sub. (1), the department shall record the receipt and send a written response to the responsible party and the consulting firm, providing an assessment of the financial management of the investigation, an assessment of the estimate of the cost to complete the investigation for the occurrence, and a decision, if possible, of whether or not the occurrence is subject to the public bidding process in
s. NR 747.68.
NR 747.62(3)
(3) Directives from the department to carry out specific investigation activities. At any time during the investigation, the department may direct the responsible party and the consulting firm to carry out specific activities necessary to achieve the most cost-effective collection of investigation data necessary to determine whether the occurrence is subject to competitive public bidding and to define a closure standard, remediation target, or scope of work for the remediation.
NR 747.62(4)(a)(a) By the end of the calendar month that follows the consulting firm's development of all investigation data necessary to define either the remediation target or the scope of the remediation for an occurrence, the firm shall file with the department a notice of completion of an investigation, on a form prescribed by the department.
NR 747.62 Note
Note: As established in s.
NR 747.30 (2) (o) and
(i), the department will not reimburse costs, including interest cost, for any work performed after submittal of the notice of completion under this subsection and prior to the department's issuance of a response under sub. (5).
NR 747.62(4)(b)
(b) For occurrences that are not covered under s.
101.144 (2) (b), Stats., the department shall send the DNR a copy of the notice received under
par. (a).
NR 747.62 Note
Note: This paragraph is no longer effective and is subject to future repeal. Section 101.144, Stats., was repealed by
2013 Wis. Act 20. The “department" in this paragraph refers to the department of safety and professional services, which no longer has responsibility for occurrences under this section.
NR 747.62(5)
(5) Department response to notice of completion. After receiving a notice of completion of an investigation of an occurrence, the department shall send a written response to the responsible party and to the consulting firm, containing a decision by the department on whether the occurrence is subject to public bidding, or whether the responsible party may proceed to remediate the occurrence or take other action directed by the department.
NR 747.62 Note
Note: See s.
NR 747.623 for determining which occurrences are subject to public bidding.
NR 747.62 Note
Note: See ss.
NR 747.325 and
747.337 for cost controls for work that is not subject to public bidding.
NR 747.62 Note
Note: As established in s.
NR 747.30 (2) (p) and
(i), the department will not reimburse costs, including interest costs, for any work performed more than 5 business days after the department issues a decision under this section that an occurrence is subject to the public bidding process in s.
NR 747.68, if the work is conducted outside of that process.
NR 747.62(6)
(6) Providing department responses to the dnr. For occurrences that are not covered under s.
101.144 (2) (b), Stats., the department shall send the department a copy of all written departmental responses issued under this section.
NR 747.62 Note
Note: This paragraph is no longer effective and is subject to future repeal. Section 101.144, Stats., was repealed by
2013 Wis. Act 20. The “department" in this paragraph refers to the department of safety and professional services, which no longer has responsibility for occurrences under this section.
NR 747.62 History
History: CR 04-058: cr.
Register February 2006 No. 602, eff. 5-1-06; correction in (2) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
corrections in (1) (a) 2., (2), (3), (5), (6) made under s. 13.92 (4) (b) 6., 7., Register October 2013 No. 694. NR 747.623
NR 747.623 Assignment to public bidding. NR 747.623(1)(a)(a)
Occurrences under the department's jurisdiction. Unless exempted under
s. NR 747.63, an occurrence covered under s.
101.144 (2) (b), Stats., shall be subject to the public bidding process in
s. NR 747.68 if the department estimates that the cost to complete a site investigation and remedial action will exceed $60,000, including interest.
NR 747.623 Note
Note: Section 101.144, Stats., was repealed by
2013 Wis. Act 20.
NR 747.623(1)(b)
(b) Occurrences under department jurisdiction. Unless exempted under
s. NR 747.63, an occurrence that is not covered under s.
101.144 (2) (b), Stats., shall be subject to the public bidding process in
s. NR 747.68 if the department estimates that the cost to complete a site investigation and remedial action will exceed $60,000, including interest.
NR 747.623 Note
Note: Section 101.144, Stats., was repealed by
2013 Wis. Act 20.
NR 747.623(2)
(2) Cost estimate does not exceed $60,000, or incurred costs exceed $60,000, including interest. Occurrences not included in
sub. (1) shall be subject to the public bidding process in
s. NR 747.68 if so directed by the department.
NR 747.623 History
History: CR 04-058: cr.
Register February 2006 No. 602, eff. 5-1-06; correction in (1) (a), (b), (2) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
corrections in (1) (a), (b), (2) made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2013 No. 694. NR 747.625(1)
(1)
Assignment to public bidding. Whenever the department notifies a responsible party and the consulting firm that an occurrence is subject to the public bidding process in
s. NR 747.68, a claim for eligible costs incurred up to then shall be submitted to the department, no later than 120 days after the date of the department's notice.
NR 747.625(2)(a)(a) Whenever a consulting firm completes a scope of work designated by the department, a claim for eligible costs incurred for that scope of work shall be submitted to the department, no later than 120 days after completing that work.
NR 747.625(2)(b)
(b) The department may waive the requirement in
par. (a) for small scopes of work that do not include a change to a different consulting firm.
NR 747.625(3)(a)(a) Failure to file a claim prior to the deadline prescribed in
sub. (1) shall result in ineligibility of any interest expenses incurred between the date of the department's notice and the date a claim is filed.
NR 747.625(3)(b)
(b) Failure to file a claim prior to the deadline prescribed in
sub. (2) shall result in ineligibility of any interest expenses incurred between the date of the completion of the scope of work and the date a claim is filed.
NR 747.625 History
History: CR 04-058: cr.
Register February 2006 No. 602, eff. 5-1-06; correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694. NR 747.63
NR 747.63 Exemptions from competitive public bidding. NR 747.63 Note
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."
NR 747.63(1)(b)
(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.
NR 747.63(2)
(2) Emergency actions. Work performed as part of an emergency action within the initial 72 hours after the onset of the need for the action, is not subject to the public bidding process in
s. NR 747.68.
NR 747.63(3)
(3) Bidding is not cost effective. The department may waive the public bidding process in
s. NR 747.68 after determining that either bidding would not be cost-effective, or the estimated additional cost to complete a scope of work is reasonable.
NR 747.63(4)
(4) Alternative acceptable bidding process. The department may waive the public bidding process in
s. NR 747.68 after determining that a responsible party has used an acceptable alternative competitive bidding process to choose the consulting firm and establish an estimated cost to define a closure standard, remediation target, or scope of work for the remediation.
NR 747.63(5)(a)(a) The department may defer public bidding for an occurrence that is subject to the public bidding process in
s. NR 747.68 after determining that additional investigation activities will produce specific data and information which will contribute to the bidding process in
s. NR 747.68 for that occurrence.
NR 747.63(5)(b)
(b) The department shall provide a written notice to the responsible party and the consulting firm specifying the conditions to be met during the deferral period.
