Chapter NR 747

subch. III of ch. NR 747 Subchapter III — Reimbursement Procedures

NR 747.30 NR 747.30 Eligible cost items for remediation.

NR 747.30(1) (1) Eligible costs.

NR 747.30(1)(a) (a) Costs related to the categories in pars. (b) to (g) may be reimbursed under the scope of this chapter.

NR 747.30(1)(b) (b) Costs associated with emergency action, site investigation and remedial plan development, remediation, long-term monitoring or operation and maintenance:

NR 747.30(1)(b)1. 1. Investigation of potential sources of contamination by precision testing to determine tightness of tanks and lines if the method used is approved by the department and the tester is certified by the department of agriculture, trade and consumer protection as specified in ch. ATCP 93 and the testing is not designed to meet the regular leak detection responsibilities of the owner or operator;

NR 747.30(1)(b)2. 2. Costs of eligible work performed after confirmation of a petroleum product discharge;

NR 747.30(1)(b)3. 3. Preparation of remedial action alternatives and plans;

NR 747.30(1)(b)4. 4. Laboratory services for testing specific to this chapter, including full VOC testing; and

NR 747.30(1)(b)5. 5. Investigation and assessment of the degree and extent of contamination caused by a petroleum product discharge from a petroleum product storage tank system or home oil tank system.

NR 747.30(1)(c) (c) Costs associated with excavation and disposal of contaminated soils:

NR 747.30(1)(c)1. 1. Removal of contaminated soils;

NR 747.30(1)(c)2. 2. Actual costs incurred which are associated with equipment mobilization;

NR 747.30(1)(c)3. 3. Removal of petroleum products from surface waters, groundwater or soil; and

NR 747.30(1)(c)4. 4. Treatment and disposal of contaminated soils including department approved procedures for bio-remediation.

NR 747.30 Note Note: All soils shall be reported in tons when included in a claim.

NR 747.30(1)(d) (d) Costs associated with monitoring and other remedial action activities:

NR 747.30(1)(d)1. 1. Monitoring of natural bio-remediation progress;

NR 747.30(1)(d)2. 2. Actual charges for maintenance of equipment used for petroleum product recovery or remedial action activities;

NR 747.30(1)(d)3. 3. Other costs identified by the department as necessary for proper investigation, remedial action planning and remedial action activities to meet the requirements of ch. 292, Stats.;

NR 747.30(1)(d)4. 4. State or municipal permits for installation of remedial equipment;

NR 747.30(1)(d)5. 5. Actual costs for the purchase or rental of temporary building structures of a size adequate to house remedial equipment; and

NR 747.30(1)(d)6. 6. Restoration or replacement of a private or public potable water supply.

NR 747.30(1)(e) (e) Costs associated with personnel, travel and related expenses:

NR 747.30(1)(e)1. 1. Contractor or subcontractor costs for remedial action activities;

NR 747.30(1)(e)2. 2. Labor and fringe benefit costs associated with inspection and supervision other than specified in subd. 4.;

NR 747.30(1)(e)3. 3. Actual costs incurred for travel and lodging which are not in excess of state travel rates; and

NR 747.30(1)(e)4. 4. Actual verified labor, fringe benefit and equipment costs when claimants use their own personnel or equipment to conduct a remediation.

NR 747.30 Note Note: A listing of state travel and meal rates may be obtained by writing to the Wisconsin DNR, Bureau for Remediation & Redevelopment, P.O. Box 7921, Madison WI 53707-7921.

NR 747.30(1)(f) (f) Costs associated with the preparation of a claim package under the scope of this chapter and other related costs:

NR 747.30(1)(f)1. 1. Fees up to $500 for a certified public accountant, contractor, or other independent preparer for compiling a claim under this chapter; and

NR 747.30(1)(f)2. 2. For an owner or operator only, compensation to third parties for bodily injury and property damage caused by a petroleum product discharge from an underground petroleum product storage tank system.

NR 747.30(1)(g) (g) Costs associated with the support or protection of existing utilities or structures located within the remediation area during a remediation.

NR 747.30 Note Note: Reimbursement for the re-installation of utilities or structures, without prior department approval, may not be made.

NR 747.30(2) (2) Exclusions from eligible costs. The department has identified various costs determined to be ineligible for reimbursement. Section 292.63, Stats., lists specific cost items which may not be reimbursable under the PECFA program. In order to control costs and provide awards for the most cost-effective remediations of petroleum-contaminated sites within the scope of this chapter, the following costs may not be reimbursed:

NR 747.30(2)(a) (a) Costs determined to be unrelated to remedial action activities under the scope of this chapter:

NR 747.30(2)(a)1. 1. Any costs not supported by cancelled checks or other absolute proof of payment at time of submittal;

NR 747.30(2)(a)2. 2. Any overtime labor charge, excluding an emergency action, billed at other than a straight time rate;

NR 747.30(2)(a)3. 3. Costs for contamination cleanups from non-residential heating oil or boiler tank systems and discharges from mobile fueling tanks or fuel storage tanks on vehicles;

NR 747.30(2)(a)4. 4. Costs associated with used oil remediations, if the oil is not from internal combustion engines;

NR 747.30(2)(a)5. 5. Costs associated with environmental audits, environmental reconnaissance or real estate transactions, construction projects, new construction or long-term loan transactions;

NR 747.30(2)(a)6. 6. Costs associated with investigation activities to locate petroleum product storage systems or home oil tank systems to determine eligibility for an award under the scope of this chapter;

NR 747.30(2)(a)7. 7. Costs incurred after the department determines that no further remedial action is required, except for abandonment of monitoring wells and finalization of site closure;

NR 747.30(2)(a)8. 8. Other costs that the department determines to be associated with, but not integral to, the remediation of a petroleum product discharge from a petroleum product storage system or home oil tank system.

NR 747.30(2)(b) (b) Costs related to improper or incompetent remedial activities and services:

NR 747.30(2)(b)1. 1. Costs associated with incompetent or non-effective cleanup actions which were not based upon sound professional and scientific judgment;

NR 747.30(2)(b)2. 2. Costs of redoing remedial action activities or remedial action work which was incomplete or incompetent;

NR 747.30(2)(b)3. 3. Costs associated with rework on remedial systems to accommodate construction, upgrades, retrofits, or redevelopment projects;

NR 747.30(2)(b)4. 4. Any costs associated with actions that exceed the necessary activities to bring a site to the required level of remediation;

NR 747.30(2)(b)5. 5. Costs associated with the repair or replacement of damaged buildings, sewer lines, water lines, electrical lines, phone lines, fiber optic lines or other utilities on the property;

NR 747.30(2)(b)6. 6. Costs associated with the re-installation of damaged remedial equipment or the re-installation or modification of the remedial equipment for purposes other than effective remediation;

NR 747.30(2)(b)7. 7. Additional interest costs accrued due to improper or incomplete filing of claims or non-response to department requests for additional information, exceptions being delays caused by the department claim process;

NR 747.30(2)(b)8. 8. Any late service charges;

NR 747.30(2)(b)9. 9. Any costs related to invoices or bills for which payment verification is unobtainable.

NR 747.30(2)(c) (c) Costs for testing or sampling unrelated to the investigation for the extent of contamination under the scope of this chapter:

NR 747.30(2)(c)1. 1. Costs for sampling and testing for heavy metals, except lead testing when the discharge is verified to be from leaded gasoline, or lead and cadmium when the source is used motor oil;

NR 747.30(2)(c)2. 2. Costs associated with the analysis for inappropriate constituents not normally part of or associated with an eligible petroleum product even if required by the department; and

NR 747.30(2)(d) (d)

NR 747.30(2)(d)1. 1. Costs for remedial action activities funded under 42 USC 6991, unless the owner or operator or the person owning the home oil tank system repays the funds provided under 42 USC 6991;

NR 747.30(2)(d)2. 2. Expenditures required by the department in order to meet the groundwater protection standards, ch. 160, Stats., ch. ATCP 93 or other administrative rules but not related to a petroleum product discharge under this chapter;

NR 747.30(2)(d)3. 3. Costs associated with loss of business;

NR 747.30(2)(d)4. 4. Costs associated with loss of interest or dividends, or interest costs from a loan other than one for the remediation; and

NR 747.30(2)(e) (e) Costs associated with site closure:

NR 747.30(2)(e)1. 1. Costs associated with the closure of a tank system;

NR 747.30(2)(e)2. 2. Costs associated with tank closure assessments;

NR 747.30(2)(e)3. 3. Costs associated with the abandonment of wells not related to the remedial action.

NR 747.30(2)(f) (f) Costs associated with legal issues:

NR 747.30(2)(f)1. 1. Costs, other than costs for compensating third parties for bodily injury and property damage, which the department determines to be unreasonable or unnecessary to carry out the remedial action activities as specified in the approved remedial action plan;

NR 747.30(2)(f)2. 2. Costs associated with third-party actions by adjoining property owners for the installation of monitoring wells or other cleanup-related items unless a court judgment has been obtained;

NR 747.30(2)(f)3. 3. Costs associated with third-party damages from a discharge originating from an aboveground storage tank;

NR 747.30(2)(f)4. 4. Attorney fees associated with third-party actions;

NR 747.30(2)(f)5. 5. Any costs associated with an appeal of a determination specific to the scope of this chapter; and

NR 747.30(2)(f)6. 6. Other attorney fees including, but not limited to, legal advice, appeals, or other representation on behalf of the responsible party or agent.

NR 747.30(2)(g) (g) Supervisory and management costs that the department determines to be unreasonable or unnecessary in carrying out the remedial action activities under this chapter:

NR 747.30(2)(g)1. 1. Supervisory or management costs when a municipality or company uses their own personnel or personnel from a wholly- or partially-owned subsidiary for remedial activities;

NR 747.30(2)(g)2. 2. Costs for supervisory or management activities conducted by owners or operators;

NR 747.30(2)(g)3. 3. Costs incurred by a responsible party associated with bid requirements or project administration such as consultant selection, monitoring or supervising subcontractors or consultants;

NR 747.30(2)(g)4. 4. Costs for right of entry or trespass fees; and

NR 747.30(2)(g)5. 5. Separate vehicle and mileage costs.

NR 747.30(2)(h) (h) Any costs, excluding for an emergency action, incurred before a confirmed discharge is reported to the department.

NR 747.30(2)(i) (i) Interest costs associated with costs that are ineligible under this section or s. NR 747.30 (3).

NR 747.30 Note Note: See s. NR 747.305 for further ineligible costs associated with loans.

NR 747.30(2)(j) (j) Interest costs excluded under s. NR 747.60 (2) (a), 747.625, or 747.69 (1) (b).

NR 747.30(2)(k) (k) Costs determined by the department to be excessive, as defined by the usual and customary cost schedule periodically established by the department under s. NR 747.325.

NR 747.30(2)(L) (L) Costs for any work performed where a contract is not in place as required in s. NR 747.33 (2) (a) 1.

NR 747.30(2)(m) (m) Costs incurred for services exempted under s. NR 747.33 (6) (b) 1., if the costs are incurred prior to the department approval required under s. NR 747.33 (6) (b) 2., and the approval requirement is not subsequently waived by the department.

NR 747.30(2)(n) (n) Costs which exceed the $20,000 limit in s. NR 747.337 (2) (a) for a site investigation and remedial action plan, and which are incurred prior to either providing the notices that are required in s. NR 747.337 (2) (c), or obtaining the approval which is required in s. NR 747.337 (2) (b).

NR 747.30(2)(o) (o) Costs for any work performed after submittal of the notice of completion of an investigation under s. NR 747.62 (4) and prior to the department’s issuance of a response to the responsible party and the consulting firm under s. NR 747.62 (5).

NR 747.30(2)(p) (p) Costs for any work performed more than 5 business days after the department issues a decision under s. NR 747.62 (5) that an occurrence is subject to the public bidding process in s. NR 747.68, if the work is conducted outside of that process.