NR 747.325(4)(b) (b) If an occurrence-classification form required under par. (a) is not submitted in accordance with par. (a), the department may not reimburse costs for any work performed between May 1, 2006, and the date the department receives the form.

NR 747.325(4)(c) (c) An occurrence-classification form is not required where the only remaining work consists of submitting a claim or completing the conditions in a conditional closure letter from the department.

NR 747.325(5) (5) Request for additional information.

NR 747.325(5)(a) (a) If the department requests additional information after receipt of the occurrence-classification form required in sub. (4), the responsible party or agent shall provide the requested information no later than 45 days after the date of the department’s request.

NR 747.325(5)(b) (b) If information requested under par. (a) is not submitted in accordance with par. (a), the department may only reimburse costs for the subject occurrence that are listed on the schedule established under sub. (2).

NR 747.325(6) (6) Response to the occurrence-classification form or to additional information. After receipt of the occurrence-classification form required under sub. (4) or the additional information requested under sub. (5), the department may take one or more of the following actions:

NR 747.325(6)(a) (a) Limit reimbursement to the costs listed in the schedule established under sub. (2).

NR 747.325(6)(b) (b) Specify a reimbursement cap for costs that are not listed in the schedule established under sub. (2).

NR 747.325(6)(c) (c) Specify a scope of work and a corresponding reimbursement cap.

NR 747.325(6)(d) (d) Specify a period during which the public bidding process established under s. 292.63 (3) (cp), Stats., will be deferred.

NR 747.325(7) (7) Claims for prior costs. For an occurrence that is the subject of a department directive under sub. (6) (b), (c) or (d), claims for reimbursement for costs incurred before the effective date of the directive shall be paid in accordance with s. NR 747.025.

NR 747.325 Note Note: As required in s. NR 747.12 (1) (intro.), all claims for reimbursement for the costs included in the schedule established under sub. (2), or the costs included under sub. (7), must be submitted in a format prescribed by the department.

NR 747.325 History History: CR 04-058: cr. Register February 2006 No. 602, eff. 5-1-06; CR 07-032: Register October 2007 No. 622; correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1) (intro.), (a), (3) (a), (4) (a), (c), (6) (d), (7) made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2013 No. 694.

NR 747.33 NR 747.33 Comparative proposals and bid processes for remediation activities and services.

NR 747.33(1) (1) Except for home oil tank owners and department approved emergency actions, the purchase of consulting and commodity services, not already covered by a detailed written contract, as of February 1, 1993, shall conform to the procedures in this section. In order to qualify as an existing contract, the document shall be with a specific service provider and shall specify contract items, such as but not limited to, the project details, time limitations, projected completion dates, payment terms and other standard contract language.

NR 747.33(2) (2) General.

NR 747.33(2)(a) (a) Consulting firm selection.

NR 747.33(2)(a)1. 1. An owner or operator shall select a PECFA consulting firm, as so registered under s. SPS 305.80, to conduct all site investigation and remedial action activities, and shall execute a written contract with that firm.

NR 747.33(2)(a)2. 2. The services of the selected consulting firm shall be limited to providing the consulting services or scientific evaluations necessary to conduct an environmental response. The consulting firm and any company or consultant not independent of the consulting firm or project consultants are prohibited from providing any of the commodity services required in the remediation.

NR 747.33(2)(b) (b) Purchase of commodity services..

NR 747.33(2)(b)1. 1. All commodity services which include, but are not limited to, soil borings, monitoring-well construction, laboratory analysis, excavation and trucking shall be obtained through a competitive bid process. A minimum of 3 bids are required to be obtained and the lowest cost service provider shall be selected. An employee of a commodity service provider may not participate in the preparation of bid documents or other requirements of the bid process, except for providing technical material, if the employee’s firm is a bidder.

NR 747.33(2)(b)2. 2. Consulting firms may elect to bid laboratory services on a calendar-year basis in order to obtain volume discounts and reduce the number of bids that shall be completed for each remediation. In completing the competitive bid process, the consulting firm shall obtain a minimum of 3 written bids from qualified firms that respond to the specifications and estimated volume of work provided by the consulting firm. Only PECFA-eligible laboratory work shall be included in the analysis to determine the lowest cost service provider. The lowest bid shall be accepted. All discounts, rebates and savings shall be reflected in the PECFA claim.

NR 747.33(2)(b)3. 3. The analysis of laboratory tests for passive or active bio-remediation and the performance of pump or pilot tests may be accomplished by either consultants or commodity providers. If these services are obtained by a consulting firm, as part of their consulting service, then the bidding of this service shall not be required.

NR 747.33(2)(b)4. 4. An owner or operator may appeal to the department to obtain approval to select other than the lowest cost commodity service provider. The department may approve an appeal if it determines that the use of another service provider will further the goals of the program.

NR 747.33(2)(c) (c) Remediation alternative.

NR 747.33(2)(c)1. 1. The owner or operator shall select the lowest cost remediation alternative that will result in a closed remedial action. The responsible party may select a higher cost alternative if he or she certifies to the department in writing that the additional costs will not be claimed for PECFA reimbursement.

NR 747.33(2)(c)2. 2. A higher cost remediation alternative may be allowed by the department if it determines that the alternative would further the goals of the program.

NR 747.33(3) (3) Remediation. For sites for which a remedial alternative was received by the department before April 21, 1998, the following shall apply:

NR 747.33(3)(a) (a) The estimated cost for the selected remediation alternative contained in the remedial action plan shall provide a separate dollar amount for consulting services and for commodity items. The estimated costs for these items shall be submitted to the department as part of the comparison of remedial alternatives or, if the submittal of the alternatives is not required as specified in s. NR 747.335 (3) (c), prior to the start of the remedial activities.