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NR 747.54 NoteNote: Section 101.144, Stats., was repealed by 2013 Wis. Act 20.
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)(12)Fees and expenses.
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)(13)Miscellaneous provisions.
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 HistoryHistory: 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.
subch. VI of ch. NR 747Subchapter VI — Competitive Public Bidding
NR 747.60NR 747.60Selection of an investigation consulting firm and notification to the department.
NR 747.60(1)(1)Initial contract.
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 NoteNote: See s. NR 747.71 for special requirements for existing sites.
NR 747.60 NoteNote: 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)(2)Subsequent contracts.
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 HistoryHistory: CR 04-058: cr. Register February 2006 No. 602, eff. 5-1-06.
NR 747.61NR 747.61Management 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.