NR 169.21 Note 6. The applicant willfully failed to comply with laws or rules of this state concerning the use or disposal of dry cleaning solvents.

NR 169.21 Note 7. All of the fees, interest and penalties due under ss. 77.9961, 77.9962 and 77.9964, Stats., have not been paid unless an agreement has been entered into with the department of revenue establishing a payment schedule for all of the fees, interest and penalties due.

NR 169.21 Note 8. The dry cleaning product discharge was caused on or after October 14, 1997, by a person who provided services or products to the owner or operator or to a prior owner or operator of the dry cleaning facility, including a person who provided perchloroethylene to the owner or operator or prior owner or operator of a dry cleaning facility using a system other than a closed, direct–coupled delivery system.

NR 169.21 Note Note: Section 292.65 (8) (j), Stats., and s. NR 169.25 (3) establish award reductions if ineligible costs are included in the application prepared either by the owner, operator or consultant.

NR 169.21(3) (3) Deductibles.

NR 169.21(3)(a) (a) The department may only make an award for eligible costs incurred at each dry cleaning facility that exceed the deductibles or other costs as specified in s. 292.65 (8) (e), Stats.

NR 169.21 Note Note: Section 292.65 (8) (e), Stats., provides that eligible costs incurred at each dry cleaning facility may be paid if they exceed the following:

NR 169.21 Note a. If eligible costs are $200,000 or less, $10,000.

NR 169.21 Note b. If eligible costs exceed $200,000 but do not exceed $400,000, $10,000 plus 8% of the amount by which eligible costs exceed $200,000.

NR 169.21 Note c. If eligible costs exceed $400,000, $26,000 plus 10% of the amount by which eligible costs exceed $400,000.

NR 169.21 Note Note: Costs and deductibles are calculated on a cumulative per site basis.

NR 169.21(3)(b) (b) The department may waive deductibles as specified in s. 292.65 (8) (g), Stats.

NR 169.21 Note Note: Section 292.65 (8) (g), Stats., provides that the department may waive the requirement that an owner or operator pay the deductible amount if the department determines that the owner or operator is unable to pay. If the department waives the deductible requirement, the department shall record a statement of lien with the register of deeds of the county in which the dry cleaning facility is located. If the department records the statement of lien, the department has a lien on the property on which the dry cleaning facility is located in the amount of the deductible that was waived. The property remains subject to the lien until that amount is paid in full at which point the department will record a satisfaction of lien.

NR 169.21(4) (4) Maximum awards. Pursuant to s. 292.65 (8) (f), Stats., $500,000 is the maximum amount that may be paid for costs at a single dry cleaning facility for immediate actions, both emergency and non–emergency, and site investigations and remedial actions.

NR 169.21 Note Note: The maximum award amount applies to each facility rather than to each owner or operator. Costs and deductible maximums also apply per facility. If a facility is sold and the new owner or operator spends money to continue cleanup from an older release or to cleanup from a new release, the owner or operator may be eligible for reimbursement under this chapter to the extent that the maximum award amount payable under sub. (4) has not been exceeded. Awards to a subsequent owner or operator will be reduced by the amount of the deductibles under sub. (3) that have not been exceeded.

NR 169.21(5) (5) Multiple claimants. If more than one owner or operator is eligible for reimbursement under this chapter for response action taken for one or more discharges at the facility, the combined amount paid to those owners or operators may not exceed the maximum amount specified for a facility under sub. (4).

NR 169.21 History History: CR 04-128: cr. Register July 2005 No. 595, eff. 8-1-05.

NR 169.23 NR 169.23 Consulting and contract services.

NR 169.23(1) (1) Applicability. This section does not apply to hiring a consultant or contractor to design or implement immediate action activities or to conduct site investigation scoping activities. This section does not apply to interim actions unless the department requires bidding for an interim action based on the scope of the action or costs projected by the consultant proposing to conduct the interim action activity.

NR 169.23(2) (2) Proposals and workplans required.

NR 169.23(2)(a) (a) Interim actions. If required by the department, an owner or operator shall solicit a minimum of 3 and a maximum of 6 bid proposals from at least 3 consultants based on information contained in or equivalent to a site investigation scoping report or the initial phases of the site investigation.

NR 169.23 Note Note: This requirement does not imply that all sites will need to implement interim action activities. This provision is only for those sites where interim actions, as defined in ch. NR 708, are appropriate.

NR 169.23(2)(b) (b) Site investigations. An owner or operator shall solicit and obtain a minimum of 3 and a maximum of 6 workplans from at least 3 consultants based on information contained in or equivalent to a site investigation scoping report. Site investigation workplans shall be consistent with s. NR 716.09 and include all activities required in ch. NR 716.

NR 169.23(2)(c) (c) Remedial actions. An owner or operator shall solicit and obtain a minimum of 3 and a maximum of 6 bid proposals for the implementation of a remedy based on the findings of the ch. NR 716 site investigation and in compliance with chs. NR 722 and 724.

NR 169.23(2)(d) (d) Submittal of workplan and remedial action bids. Each consultant shall submit a sealed bid to the owner or operator by the date specified by the owner or operator. The consultant shall also submit at the same time a copy of the sealed bid to the department project manager.

NR 169.23(3) (3) Cost estimates and services required.

NR 169.23(3)(a) (a) Each site investigation workplan or interim or remedial action proposal shall include a cost estimate for each service provided by the consultant or contractor and shall be submitted with a completed form as provided by the department. The department may require an owner or operator to obtain additional workplans or proposals if the department finds that existing workplans or proposals are unreasonable or inadequate.

NR 169.23 Note Note: Forms are available at no charge from the remediation and redevelopment program in any department regional or central office or by contacting the department at [phone].

NR 169.23(3)(b) (b) The site investigation workplan or remedial action proposal shall include statements regarding the consultant’s ability to do all the following: