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 Note Note: 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 Section 101.144, Stats., was repealed by 2013 Wis.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 History History: 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 747.623 NR 747.623 Assignment 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NR 747.623 Note Note: Section 101.144, Stats., was repealed by 2013 Wis.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NR 747.623 Note Note: Section 101.144, Stats., was repealed by 2013 Wis.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 History History: 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 747.625 NR 747.625 Claim 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 History History: 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 747.63 NR 747.63 Exemptions 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 Note Note: 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.

NR 747.63(3) (3) Bidding is not cost effective. The department may waive the public bidding process in s. NR 747.68 after determining that either bidding would not be cost-effective, or the estimated additional cost to complete a scope of work is reasonable.

NR 747.63(4) (4) Alternative acceptable bidding process. The department may waive the public bidding process in s. NR 747.68 after determining that a responsible party has used an acceptable alternative competitive bidding process to choose the consulting firm and establish an estimated cost to define a closure standard, remediation target, or scope of work for the remediation.

NR 747.63(5) (5) Temporary deferral of public bidding.