Chapter NR 747

Chapter NR 747

PETROLEUM ENVIRONMENTAL CLEANUP FUND

Subchapter I — Purpose, Authority and Application

NR 747.01   Purpose.

NR 747.015   Definitions.

NR 747.02   Coverage.

NR 747.025   Awards.

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 747.12   Claim process.

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.

NR 747.54   Arbitration.

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.

subch. I of ch. NR 747 Subchapter I — Purpose, Authority and Application

NR 747.01 NR 747.01 Purpose.

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) (3) Intent of PECFA.

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: