NR 747.68(7)(a)(a) The least costly method of remedial action or the cap for a defined scope of work shall be determined according to pars. (b) or (c).
NR 747.68(7)(b)(b) For occurrences under the direction of the department, the department shall consider the least costly qualified bid identified under sub. (3) in determining the least costly method of remedial action or the cap for a defined scope of work. No later than 10 business days after making its decision, the department shall notify the responsible party of the department’s determination of the least costly method of remedial action or the cap for a defined scope of work, and shall specify the maximum amount that will be reimbursed.
NR 747.68(7)(c)(c) For occurrences under the direction of the department, the department shall consider the least costly qualified bid identified under sub. (3) in determining the least costly method of remedial action or the cap for a defined scope of work. No later than 10 business days after making the decision, the department shall notify the responsible party of the department’s determination of the least costly method of remedial action or the cap for a defined scope of work, and shall specify the maximum amount that will be reimbursed.
NR 747.68(7)(d)(d)
NR 747.68(7)(d)1.1. The determination of the least costly method of remediation or the determination of the cap for a defined scope of work shall establish the maximum costs eligible for reimbursement by the PECFA program, except where that maximum is increased under s. NR 747.70 (3).
NR 747.68 NoteNote: See s. NR 747.71 (5) for special requirements for existing sites.
NR 747.68(7)(d)2.2. Any additional costs above the maximum established in subd. 1. or s. NR 747.70 (3) shall be the responsibility of the responsible party.
NR 747.68 HistoryHistory: CR 04-058: cr. Register February 2006 No. 602, eff. 5-1-06; correction in (7) (d) 1., 2. made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (6), (7) (c), (d) 1., 2. made under s. 13.92 (4) (b) 6., 7., Stats., Register October 2013 No. 684.
NR 747.69NR 747.69Responsible party’s contract with a bidder.
NR 747.69(1)(1)Contract with remediation consulting firm.
NR 747.69(1)(a)(a) Except as provided in pars. (c) or (d), no later than 60 days after the department issues the notification under s. NR 747.68 (7) (b) or (c), the responsible party shall execute a written contract with one of the firms that submitted a bid under s. NR 747.68 (2), to perform the work identified in the notification.
NR 747.69(1)(b)(b) Failure to execute the written contract as required in par. (a) shall result in ineligibility of any interest expenses incurred from the date of the notification under s. NR 747.68 (7) (b) or (c), until a contract is executed and work commences on the occurrence.
NR 747.69(1)(c)(c) This subsection does not apply to a bidder who becomes disqualified under s. NR 747.67, or where all subsequent work will not be submitted for reimbursement from the PECFA fund.
NR 747.69(1)(d)(d) The department may grant an extension of the 60-day period specified in par. (a) only after a claimant demonstrates that substantive efforts to obtain financing have been unsuccessful.
NR 747.69 NoteNote: As established in s. NR 747.30 (2) (s) and (i), the department will not reimburse costs, including interest costs, for unauthorized services that are performed by any party other than a firm which submitted a bid under s. NR 747.68 (2) and which is contracted with under this section, if they are conducted after the qualified low bid is determined under s. NR 747.68 (3).
NR 747.69 NoteNote: See sub. (4) for criteria that apply to an affected site after a bidder who submits the least costly qualified bid becomes disqualified, and no other bidder agrees to perform the work within the corresponding reimbursement cap.
NR 747.69(2)(2)Notification of consulting firm selection. No later than 14 days after any contract for remediation under sub. (1) is executed or terminated with the responsible party, the consulting firm shall submit to the department a notification form prescribed by the department.
NR 747.69(3)(3)Commencing work. The consulting firm that executes a contract under sub. (1) shall commence the work specified therein no later than 45 days after the contract is executed.
NR 747.69(4)(4)Rebidding or selection of next-lowest, qualified bid. Where a bidder who submitted the least costly qualified bid becomes disqualified under s. NR 747.67, and no other bidder agrees to perform the work identified in the notification under s. NR 747.68 (7) (b) or (c), within the reimbursement cap established under s. NR 747.68 (7), the department may either redirect the scope of work through the entire public bidding process in s. NR 747.68, or reinitiate that process at the bid evaluation stage in s. NR 747.68 (3).
NR 747.69 HistoryHistory: CR 04-058: cr. Register February 2006 No. 602, eff. 5-1-06; correction in (1) (a), (b), (c), (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; corrections in (1) (a) to (c), (4) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694.
NR 747.70NR 747.70Monitoring the progress of the scope of work in the bid.
NR 747.70(1)(1)Notification of progress.
NR 747.70(1)(a)(a) The consulting firm holding the contract required in s. NR 747.69 (1) (a) shall report to the department, in a format prescribed by the department, the progress toward completing the scope of work defined in the bid specifications, at each of the following points:
NR 747.70(1)(a)1.1. Three months after entering into the contract.
NR 747.70(1)(a)2.2. Twelve months after beginning the work in the successful bid, except as provided in subd. 6.
NR 747.70(1)(a)3.3. Twelve months after submitting the previous report required under this subsection, except as provided in subd. 6.
NR 747.70(1)(a)4.4. No later than 10 days after encountering a change in circumstances, as specified in sub. (3).
NR 747.70(1)(a)5.5. At any other frequency directed by the department.
NR 747.70(1)(a)6.6. No later than 30 days after completing the work.