Section 747.325. Usual and customary costs.

 

(1)   Application. This section applies to all work covered under this chapter, for all occurrences previously or newly reported to the department, that is performed after May 1, 2006, except it does not apply to any of the following:

(a) Work for which a reimbursement cap has been determined through the competitive public bidding process established under s. 292.63 (3) (cp) , Stats.

(b) Work performed as part of an emergency action, within the initial 72 hours after the onset of the need for the action.

(c) Work performed for home oil tank systems.

(2)   Cost schedule. Any cost for items that are commonly associated with claims under this chapter, which exceeds the amounts listed in the department's schedule of usual and customary costs, as published and in effect while the work was performed, may not be reimbursed, except as provided in sub. (3) .

(3)   Exceeding the schedule. The maximum reimbursement amounts established under sub. (2) may be exceeded only in accordance with all of the following:

(a) Higher costs must be incurred in order to comply with s. 292.63 (3) (c) 3. , Stats., and with enforcement standards established under ch. 160 , Stats.

(b) The higher costs, as needed under par. (a) , are specifically approved in writing by the department prior to performance of the corresponding work.

(4)   Classification of occurrences.

(a) No later than 30 days after May 1, 2006, the responsible party or agent for each occurrence reported to the department by May 1, 2006, shall complete and submit to the department an occurrence-classification form prescribed by the department, except as provided in par. (c) .

(b) If an occurrence-classification form required under par. (a) is not submitted in accordance with par. (a) , the department may not reimburse costs for any work performed between May 1, 2006, and the date the department receives the form.

(c) An occurrence-classification form is not required where the only remaining work consists of submitting a claim or completing the conditions in a conditional closure letter from the department.

(5)   Request for additional information.

(a) If the department requests additional information after receipt of the occurrence-classification form required in sub. (4) , the responsible party or agent shall provide the requested information no later than 45 days after the date of the department's request.

(b) If information requested under par. (a) is not submitted in accordance with par. (a) , the department may only reimburse costs for the subject occurrence that are listed on the schedule established under sub. (2) .

(6)   Response to the occurrence-classification form or to additional information. After receipt of the occurrence-classification form required under sub. (4) or the additional information requested under sub. (5) , the department may take one or more of the following actions:

(a) Limit reimbursement to the costs listed in the schedule established under sub. (2) .

(b) Specify a reimbursement cap for costs that are not listed in the schedule established under sub. (2) .

(c) Specify a scope of work and a corresponding reimbursement cap.

(d) Specify a period during which the public bidding process established under s. 292.63 (3) (cp) , Stats., will be deferred.

(7)   Claims for prior costs. For an occurrence that is the subject of a department directive under sub. (6) (b) , (c) or (d) , claims for reimbursement for costs incurred before the effective date of the directive shall be paid in accordance with s. NR 747.025 .

History: CR 04-058 : cr. Register February 2006 No. 602 , eff. 5-1-06; CR 07-032 : Register October 2007 No. 622 ; correction in (7) made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 No. 672 ; corrections in (1) (intro.), (a), (3) (a), (4) (a), (c), (6) (d), (7) made under s. 13.92 (4) (b) 6. , 7. , Stats., Register October 2013 No. 694 .

Note

The department of commerce promulgated rule order CR 07-032 , relating to the schedule of usual and customary costs for the petroleum environmental cleanup fund awards, which was filed with the revisor of statutes bureau for publication in the October 2007 Wisconsin Administrative Register. The department directed that the schedule not be published in the Wisconsin Administrative Code as it is a "form" under s. 227.23 , Stats., available as described in the next note, consistent with the requirements of s. 227.23 (3) , Stats. Microsoft Windows NT 6.1.7601 Service Pack 1 The department's schedule of usual and customary costs is reviewed for updating in January and July of each year to reflect changes in actual costs. The current schedule, and all preceding versions, are posted at http://dnr.wi.gov/topic/brownfields/pecfa.html , under petroleum programs and PECFA. Microsoft Windows NT 6.1.7601 Service Pack 1 The schedule of usual and customary costs limits the per-unit reimbursement for various, commonly associated tasks. For caps on reimbursement for items that are not commonly associated with claims, or for caps on the scope of work for a particular task or occurrence, other sections of this chapter may apply, such as s. NR 747.337 (2) , which addresses the maximum allowable cost for a site investigation and the development of a remedial action plan, and subch. VI, which addresses competitive public bidding. Microsoft Windows NT 6.1.7601 Service Pack 1 Under s. 292.63 (3) (c) 3. , Stats., a responsible party is required to "conduct all remedial action 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 , Stats." Microsoft Windows NT 6.1.7601 Service Pack 1 As required in s. NR 747.12 (1) (intro.) , all claims for reimbursement for the costs included in the schedule established under sub. (2), or the costs included under sub. (7), must be submitted in a format prescribed by the department. Microsoft Windows NT 6.1.7601 Service Pack 1