Section 747.337. Site investigation and remedial action.

 

(1)   General. Sites for which site investigations were not started as of January 15, 1993, and for which a remedial alternative has not been received by the department as of April 20, 1998, shall conform to this section. The scope of the site investigation shall include determining the presence of the environmental factors specified in sub. (3) (a) .

(2)   Maximum allowable cost.

(a) The maximum allowable cost for a site investigation and the development of a remedial action plan shall be no more than $20,000, excluding interest and interim action costs, unless approved under par. (b) .

(b) If the investigation will exceed $20,000, either the claimant, their agent or the consultant shall contact the department in writing and provide an estimate of additional work and funding required, and obtain the department's approval.

(c) The consultant is responsible for monitoring the costs incurred in the investigation and remedial action plan development and notifying the department prior to exceeding the $20,000 maximum. The consultant shall also notify the claimant, in writing, at the earliest point at which the consultant may know, or may have been reasonably expected to know, that the maximum allowable cost may be exceeded. The written approval of the department shall be obtained before incurring any costs above $20,000. The notification to the owner shall be made before the owner has incurred liabilities above the $20,000 maximum

(d) If interim actions are performed during the course of an investigation or prior to the approval of a remedial action plan, costs above $5000, excluding interest, shall not be reimbursed. The department shall be informed prior to the implementation of any interim action.

(3)   Environmental factors.

(a) Environmental factors. Consultants shall determine the presence of any of the following environmental factors:

1. Documented expansion of plume margin.

2. Verified contaminant concentrations in a private or public potable well that exceeds the preventive action limit established under ch. 160 , Stats.

3. Contamination within bedrock or within 1 meter of bedrock.

4. Petroleum product that is not in the dissolved phase is present with a thickness of .01 feet or more, and verified by more than one sampling event.

5. Documented contamination discharges to a surface water or wetland.

(b) Presence of environmental factors. Consultants for sites that exhibit one or more environmental factors shall complete an analysis of remedial alternatives and prepare a remedial action plan. The analysis shall identify the lowest cost remedial strategy that will address the environmental factor and the remediation of the site. Included within the action plan shall be a cost detail providing separate dollar amounts for consulting and commodity activities. The cost detail shall provide the total cost, excluding interest but including all closure costs, for the remediation up to approval as a closed remedial action. The remedial action plan, cost detail, information on any interim actions conducted during the site investigation, and a separate report providing the information detailed in s. NR 716.15 , and including an estimate of total contaminant mass, shall be submitted to the department and approval of the cost detail received before conducting any remedial action for which reimbursement will be claimed under the PECFA fund.

(c) Absence of environmental factor. If no environmental factors are identified during or after a site investigation, the consultant will develop an analysis of remedial alternatives and prepare a remedial action plan utilizing a non-active treatment approach. The analysis shall identify the lowest cost remedial strategy that will address the remediation of the site. Included within the analysis shall be a cost detail providing separate dollar amounts for consulting and commodity activities. The cost detail shall provide the total cost, excluding interest but including all closure costs, for the remediation up to approval as a closed remedial action. The remedial action plan, cost detail, and a separate report providing the information detailed in s. NR 716.15 , and including an estimate of total contaminant mass, shall be submitted to the department and approval of the cost detail received before conducting any remedial action for which reimbursement will be claimed under the PECFA fund. The alternative proposed may include only the use of the following:

1. Non-active source control, which may include soil excavation.

2. Development and remediation to site specific residual contamination levels.

3. Monitoring to evaluate the potential for remediation by natural attenuation.

4. Remediation by natural attenuation.

5. Monitoring.

6. Institutional controls and site restrictions.

7. Other non-active remedial approaches.

(d) Additional controls. Any alternative proposed to the department shall identify whether it assumes or includes the use of any institutional controls, groundwater use restrictions, deed notices or other restrictions or notifications.

(4)   Cost caps for occurrences that are not subject to public bidding. For an occurrence that is not subject to the public bidding process in s. NR 747.68 due to a waiver issued under s. NR 747.63 (1) , cost caps shall be established as prescribed in s. 292.63 (3) (cs) , Stats.

(6)   Claimant options.

(a) After receiving an approval of a remedial action plan from the department, a claimant may elect to either implement the alternative or to select another alternative. If the claimant elects to implement a higher cost remedial strategy, the claimant shall notify the department in writing of the intent to use a higher cost alternative. The notification shall include the statement that the claimant agrees that the department approved alternative establishes the maximum reimbursable amount for consulting and commodity services under the fund and that additional costs for the occurrence, excluding interest, will not be submitted to the fund.

(b) The department may elect to approve reimbursement for a higher cost remedial strategy if it furthers the objectives of the program.

History: Cr. Register, December, 1998, No. 516 , eff. 1-1-99; CR 04-058 : am. (2) (a) to (c), r. (4) and (5), cr. (4) Register February 2006 No. 602 , eff. 5-1-06; correction in (4) made under s. 13.92 (4) (b) 7. , Stats., Register December 2011 No. 672 ; corrections in (4) made under s. 13.92 (4) (b) 7. , Stats., Register October 2013 No. 694 .

Note

As established in s. NR 747.30 (2) (n) and (i) , the department will not reimburse costs, including interest costs, above the $20,000 limit in this subsection if they are incurred prior to either providing the notices that are required in par. (c), or obtaining the approval which is required in par. (b). Microsoft Windows NT 6.1.7601 Service Pack 1 Section 292.63 (3) (cs) , Stats., reads as follows: "1. The department shall review the remedial action plan for a site and shall determine the least costly method of complying with par. (c) 3. and with enforcement standards. The department shall notify the owner or operator of its determination of the least costly method and shall notify the owner or operator that reimbursement for remedial action under this section is limited to the amount necessary to implement that method. Microsoft Windows NT 6.1.7601 Service Pack 1 3. In making determinations under subd. 1., the department shall determine whether natural attenuation will achieve compliance with par. (c) 3. and with enforcement standards. Microsoft Windows NT 6.1.7601 Service Pack 1 4. The department may review and modify an amount established under subd. 1. if the department determines that new circumstances, including newly discovered contamination at a site, warrant those actions. Microsoft Windows NT 6.1.7601 Service Pack 1