NR 747.62 NoteNote: See s. NR 747.623 for determining which occurrences are subject to public bidding.
NR 747.62 NoteNote: See ss. NR 747.325 and 747.337 for cost controls for work that is not subject to public bidding.
NR 747.62 NoteNote: 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 NoteNote: 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 Section 101.144, Stats., was repealed by 2013 Wis.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 HistoryHistory: 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 747.623NR 747.623Assignment to public bidding.
NR 747.623(1)(1)Cost estimate exceeds $60,000.
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NR 747.623 NoteNote: Section 101.144, Stats., was repealed by 2013 Wis.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NR 747.623 NoteNote: Section 101.144, Stats., was repealed by 2013 Wis.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 HistoryHistory: 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 747.625NR 747.625Claim submittal required.
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)(2)Completion of a scope of work.
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)(3)Ineligible interest costs.
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 HistoryHistory: 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 747.63NR 747.63Exemptions from competitive public bidding.
NR 747.63(1)(1)General. Pursuant to s. 292.63 (3) (cp), Stats., the following exemptions may apply to an occurrence:
NR 747.63(1)(a)(a) The department may waive the public bidding process in s. NR 747.68 for the reasons set forth in s. 292.63 (3) (cp) 2., Stats.
NR 747.63 NoteNote: 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.