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.
SPS 347.63(3)
(3) Bidding is not cost effective. The department may waive the public bidding process in
s. SPS 347.68 after determining that either bidding would not be cost-effective, or the estimated additional cost to complete a scope of work is reasonable.
SPS 347.63(4)
(4) Alternative acceptable bidding process. The department may waive the public bidding process in
s. SPS 347.68 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.
SPS 347.63(5)(a)(a) The department may defer public bidding for an occurrence that is subject to the public bidding process in
s. SPS 347.68 after determining that additional investigation activities will produce specific data and information which will contribute to the bidding process in
s. SPS 347.68 for that occurrence.
SPS 347.63(5)(b)
(b) The department shall provide a written notice to the responsible party and the consulting firm specifying the conditions to be met during the deferral period.
SPS 347.63(5)(c)
(c) The consulting firm shall cease work on the occurrence after the conditions that justified the deferral have been met, and shall submit a written notice thereof to the department within the 14 days following. Work may recommence only after authorization to proceed is received from the department.
SPS 347.63 Note
Note: As established in s.
SPS 347.30 (2) (q) and
(i), the department will not reimburse costs, including interest costs, for any work performed in violation of this paragraph.
SPS 347.63 Note
Note: Under s.
101.143 (3) (cp) 5., Stats., the agency waiving competitive public bidding for an occurrence must provide notice to the other agency prior to issuing the waiver.
SPS 347.63 Note
Note: Under s.
101.143 (4) (cm), Stats., the schedule of usual and customary costs referenced in s.
SPS 347.325 must be used to determine the amount of eligible costs for an occurrence for which a competitive bidding process is not used, except in circumstances under which higher costs must be incurred to comply with s.
101.143 (3) (c) 3., Stats., and with enforcement standards.
SPS 347.63 Note
Note: Section
101.143 (3) (c) 3., Stats., provides that the owner shall "conduct all remedial activities at the site of the discharge from the petroleum product storage system or home oil tank system necessary to restore the environment to the extent practicable and minimize the harmful effects from the discharge as required under s.
292.11."
SPS 347.63 History
History: CR 04-058: cr.
Register February 2006 No. 602, eff. 5-1-06; correction in (1) (a), (b), (2), (3), (4), (5) (a) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 347.64
SPS 347.64
Bidding completion of an investigation. SPS 347.64(1)(1)
Investigation activities may be bid. During a site investigation, if either the department or the DNR determines that an occurrence is subject to the public bidding process in
s. SPS 347.68, the department shall proceed under either of the following:
SPS 347.64(1)(a)
(a) For occurrences that are covered under s.
101.144 (2) (b), Stats., the department shall issue a written directive to the responsible party and the consulting firm to cease all work except as otherwise authorized by the department. The department shall then direct the occurrence through the public bidding process in
s. SPS 347.68.
SPS 347.64 Note
Note: As established in s.
SPS 347.30 (2) (r) and
(i), the department will not reimburse costs, including interest costs, for any work performed in violation of this subsection.
SPS 347.64(1)(b)
(b) For occurrences that are not covered under s.
101.144 (2) (b), Stats., the department shall notify the responsible party and the consulting firm that no further costs will be reimbursed except as established through the public bidding process in
s. SPS 347.68 or as otherwise authorized by the department.
SPS 347.64(2)
(2) Scope of work for bidding an investigation. The department may bid a scope of work to include the remainder of an investigation, where the investigation has stopped under
sub. (1).
SPS 347.64 History
History: CR 04-058: cr.
Register February 2006 No. 602, eff. 5-1-06; correction in (1) (intro.), (a), (b) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 347.65
SPS 347.65
Department to determine scope of work to be bid. Prior to public bidding, the department shall determine whether the scope of work to be bid will be the work necessary to achieve closure, work to a defined remediation target, or completion of a defined set of activities.
SPS 347.65 History
History: CR 04-058: cr.
Register February 2006 No. 602, eff. 5-1-06.
SPS 347.66(1)
(1)
General. Bids may be submitted only by representatives of consulting firms which are registered under
ch. SPS 305 and which meet all eligibility requirements in this section and in the bid specifications.
SPS 347.66 Note
Note: The consulting firm retained by the responsible party to carry out the investigation is eligible to bid remedial activities if the consulting firm meets all eligibility requirements in this section and in the bid specifications.
SPS 347.66(2)
(2) Performance assurance. Every bidding firm shall submit a certified commitment to complete the work described in the bid specifications and in the submitted bid, for the price proposed in the bid.
SPS 347.66(3)
(3) Disqualified individuals or firms. No individual or firm that has been disqualified under
s. SPS 347.67 may submit a bid until the period of disqualification has ended and all corrective actions required by the department to reinstate the individual or firm have been met.
SPS 347.66 History
History: CR 04-058: cr.
Register February 2006 No. 602, eff. 5-1-06; correction in (1), (3) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 347.67
SPS 347.67
Disqualification from bidding. SPS 347.67(1)(a)(a) The department may disqualify from public bidding any individual or firm that has done any of the following:
SPS 347.67(1)(a)1.
1. Failed to complete a scope of work within a reimbursement cap established through public bidding.
SPS 347.67(1)(a)4.
4. Received one or more notices from the department under
s. SPS 347.62 (2) that assess the financial management of an investigation as unacceptable.
SPS 347.67(1)(a)5.
5. In any prior occurrence that has been publicly bid, failed to do either of the following:
SPS 347.67(1)(a)5.b.
b. Obtain lien waivers on or before the date of the final payment by the responsible party or the PECFA program, from all subcontractors paid under
subd. 5. a.
