SPS 347.54(11)(a)(a) The final decision shall be binding and conclusive upon the parties as to the issues that were jointly submitted by the parties for resolution and addressed in the decision.
SPS 347.54(11)(b)
(b) As established in s.
101.143 (6s), Stats., the final decision under this section is subject to review under ss.
227.53 to
227.57, Stats., only on the ground that the decision was procured by corruption, fraud, or undue means.
SPS 347.54(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.
SPS 347.54(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:
SPS 347.54(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.
SPS 347.54(11)(d)2.
2. Seek any relief for any violation of criminal law from any claimant, consultant, commodity provider, contractor, or subcontractor.
SPS 347.54(11)(d)3.
3. Seek any relief, civil or criminal, from any person not a party to the arbitration proceeding under s.
101.143, Stats., or any other applicable statute, regulation, or legal theory.
SPS 347.54(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.
SPS 347.54(12)(b)
(b) The department shall establish the per diem fee for the arbitrator prior to the commencement of any activities by the arbitrator.
SPS 347.54(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.
SPS 347.54(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.
SPS 347.54(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.
SPS 347.54(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.
SPS 347.54 History
History: 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.
SPS 347.60
SPS 347.60
Selection of an investigation consulting firm and notification to the department. SPS 347.60(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.
SPS 347.60 Note
Note: See s.
SPS 347.71 for special requirements for existing sites.
SPS 347.60 Note
Note: The contracts referenced in this section are required by s.
SPS 347.33 (2) (a) 1. As established in s.
SPS 347.30 (2) (L) and
(i), the department will not reimburse costs, including interest costs, for any site investigation work performed outside of these contracts.
SPS 347.60(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.
SPS 347.60(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.
SPS 347.60(2)(b)
(b) Execute another written contract with a PECFA-registered consulting firm for completing the investigation.
SPS 347.60(2)(c)
(c) Obtain written approval from the department for additional time to comply with
par. (b).
SPS 347.60 History
History: CR 04-058: cr.
Register February 2006 No. 602, eff. 5-1-06.
SPS 347.61
SPS 347.61
Management during a site investigation. SPS 347.61(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.
101.143, Stats.
SPS 347.61(2)
(2) Department's responsibilities during the investigation. The department shall be responsible for tracking the expenditure of funds for investigation activities as reported by the investigation consulting firm, in accordance with
s. SPS 347.62.
SPS 347.61(3)
(3) Reimbursement and cost controls during the investigation. For all investigation work that is not publicly bid under this subchapter, the usual and customary cost schedule referenced in
s. SPS 347.325 and the maximum costs specified in
s. SPS 347.337 (2) shall apply to reimbursement of all costs.
SPS 347.61 Note
Note: Under s.
SPS 347.33 (6) (c), the department will not require commodity bidding during the investigation, where reimbursement amounts are determined either by the usual and customary cost schedule established under s.
SPS 347.325, or by the public bidding process in this subchapter.
SPS 347.61 History
History: CR 04-058: cr.
Register February 2006 No. 602, eff. 5-1-06; correction in (2), (3) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 347.62
SPS 347.62
Periodic progress reporting during a site investigation. SPS 347.62(1)(a)(a) To inform the department of the consulting firm's progress and the estimated cost of work remaining in the investigation for each occurrence, the consulting firm for a site investigation shall periodically submit reports to the department in a format prescribed by the department, no later than the recurring, earlier of the following dates:
SPS 347.62(1)(a)1.
1. The anniversary date of the contract between the firm and the responsible party, except as provided in
par. (b).
SPS 347.62(1)(a)2.
2. The end of the calendar month that follows the month of completion of each investigative phase specified by the DNR or the department.
SPS 347.62 Note
Note: See sub. (3) for information on directives from the department or the DNR to carry out specific investigation activities.
SPS 347.62 Note
Note: See sub. (4) for filing a notice of completion of an investigation.
SPS 347.62(1)(b)
(b) After a report is filed under
par. (a) 2., the anniversary shall be based on the date of that report.
SPS 347.62(1)(c)
(c) For occurrences that are not covered under s.
101.144 (2) (b), Stats., the department shall send the DNR a copy of the reports received under
par. (a).
SPS 347.62 Note
Note: Section
101.144 (2) (b), Stats., provides that the department has oversight responsibility for "a discharge of a petroleum product from a petroleum storage tank if all of the following apply:
SPS 347.62 Note
1. The site of the discharge is classified, as provided under sub. (3m) (a) 3., as medium risk or low risk, based on the threat that the discharge poses to public health, safety and welfare and to the environment.
SPS 347.62 Note
2. The site of the discharge is not contaminated by a hazardous substance other than the petroleum product, including any additive, that was discharged from the petroleum storage tank."
SPS 347.62 Note
Note: Section
101.144 (1) (aq), Stats., establishes the definition of high-risk sites, as follows: "Except as provided under sub. (3g) `high-risk site' means the site of a discharge of a petroleum product from a petroleum storage tank if at least one of the following applies:
SPS 347.62 Note
1. Repeated tests show that the discharge has resulted in a concentration of contaminants in a well used to provide water for human consumption that exceeds a preventive action limit, as defined in s.
160.01 (6).
SPS 347.62 Note
2. Petroleum product that is not in dissolved phase is present with a thickness of 0.01 feet or more, as shown by repeated measurements.
SPS 347.62 Note
3. 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.
SPS 347.62 Note
4. An enforcement standard is exceeded in fractured bedrock."
SPS 347.62 Note
Note: See s.
SPS 347.71 for special requirements for existing sites.
SPS 347.62(2)
(2) Department response to investigation progress reports. After receiving a progress report under
sub. (1), the department shall record the receipt and send a written response to the responsible party and the consulting firm, providing an assessment of the financial management of the investigation, an assessment of the estimate of the cost to complete the investigation for the occurrence, and a decision, if possible, of whether or not the occurrence is subject to the public bidding process in
s. SPS 347.68.
SPS 347.62(3)
(3) Directives from the department or the dnr to carry out specific investigation activities. At any time during the investigation, either the department, for an occurrence covered under s.
101.144 (2) (b), Stats., or the DNR, for any other occurrence, may direct the responsible party and the consulting firm to carry out specific activities necessary to achieve the most cost-effective collection of investigation data necessary to determine whether the occurrence is subject to competitive public bidding and to define a closure standard, remediation target, or scope of work for the remediation.
SPS 347.62 Note
Note: See the Notes under sub. (1) (c) for a reprint of the relevant text in s.
101.144 (2) (b), Stats.
SPS 347.62 Note
Note: Section
SPS 346.11 addresses the classification and transfer of sites between the DNR and the department, and s.
SPS 346.11 (1) (b) reads as follows: "Until a classification determination is made by the agency that receives a submittal under sub. (2) or (3), DNR has administrative authority for the site."
SPS 347.62(4)(a)(a) By the end of the calendar month that follows the consulting firm's development of all investigation data necessary to define either the remediation target or the scope of the remediation for an occurrence, the firm shall file with the department a notice of completion of an investigation, on a form prescribed by the department.
SPS 347.62 Note
Note: As established in s.
SPS 347.30 (2) (o) and
(i), the department will not reimburse costs, including interest cost, for any work performed after submittal of the notice of completion under this subsection and prior to the department's issuance of a response under sub. (5).
SPS 347.62(4)(b)
(b) For occurrences that are not covered under s.
101.144 (2) (b), Stats., the department shall send the DNR a copy of the notice received under
par. (a).
SPS 347.62(5)
(5) Department response to notice of completion. After receiving a notice of completion of an investigation of an occurrence, the department shall send a written response to the responsible party and to the consulting firm, containing a decision by the department or the DNR on whether the occurrence is subject to public bidding, or whether the responsible party may proceed to remediate the occurrence or take other action directed by the department or the DNR.
SPS 347.62 Note
Note: See s.
SPS 347.623 for determining which occurrences are subject to public bidding.
SPS 347.62 Note
Note: See ss.
SPS 347.325 and
347.337 for cost controls for work that is not subject to public bidding.
SPS 347.62 Note
Note: As established in s.
SPS 347.30 (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.
SPS 347.68, if the work is conducted outside of that process.
SPS 347.62(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 DNR a copy of all written departmental responses issued under this section.
SPS 347.62 Note
Note: See the Notes under sub. (1) (c) for a reprint of the relevant text in s.
101.144 (2) (b), Stats.
SPS 347.62 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.
SPS 347.623(1)(a)(a)
Occurrences under the department's jurisdiction. Unless exempted under
s. SPS 347.63, an occurrence covered under s.
101.144 (2) (b), Stats., shall be subject to the public bidding process in
s. SPS 347.68 if the department estimates that the cost to complete a site investigation and remedial action will exceed $60,000, including interest.
SPS 347.623(1)(b)
(b) Occurrences under DNR jurisdiction. Unless exempted under
s. SPS 347.63, an occurrence that is not covered under s.
101.144 (2) (b), Stats., shall be subject to the public bidding process in
s. SPS 347.68 if the DNR estimates that the cost to complete a site investigation and remedial action will exceed $60,000, including interest.
SPS 347.623(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. SPS 347.68 if so directed by the department.
SPS 347.623 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.
SPS 347.625(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. SPS 347.68, 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.
SPS 347.625(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.
SPS 347.625(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.
SPS 347.625(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.
SPS 347.625(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.
SPS 347.625 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.
SPS 347.63
SPS 347.63
Exemptions from competitive public bidding. SPS 347.63 Note
Note: Section
101.143 (3) (cp) 2., Stats., provides that either the department or the DNR 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."
SPS 347.63(1)(b)
(b) An occurrence is exempt from the public bidding process in
s. SPS 347.68 where or while the circumstances in
subs. (2) to
(5) apply, or where the bidding process is otherwise waived by the department or the DNR.
SPS 347.63(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. SPS 347.68.
