Section 747.339. Cost effective remediations.

 

(1)   Flexibility. If a claimant can achieve a closed remedial action, and the total costs incurred are equal to or less than $60,000, excluding interest, the department will allow the claimant to complete their remedial efforts without the requirements to:

(a) Develop and submit investigation and other interim environmental reports, if the site closure decision falls under the department's authority.

(b) Develop and submit a remedial action plan and be potentially subject to caps, bundling and public bidding.

(c) Adhere to the $40,000 cap on investigation costs.

(2)   Notification and requirements. If a claimant and his or her consultant elect to attempt to achieve a closed remedial action within the $60,000 limit, the department shall be notified in advance of implementation of the remediation process of the intended attempt. If the effort is not successful, the department shall be notified as soon as it is known or should have reasonably been expected to be known that the site will not be completed within the $60,000 limit. The $60,000 limit shall not be exceeded without prior notice to and approval from the department. After notification of the failure to accomplish a closed remedial action, the department will provide direction on whether additional action will be funded. If any expenses above the $60,000 limit are incurred without department approval, they may not be claimed for reimbursement under the PECFA fund.

(3)   Disqualification. If a consulting firm or consultant, in the opinion of the department, exhibits a pattern of attempting and failing to complete remediations under this section, the department will notify the consultant or the firm of the general restriction from attempting the remediations. The department may also disqualify the consultant from performing all work under PECFA.

(4)   Sunset of this section. The election under sub. (2) to utilize this section may not be made on or after May 1, 2006.

History: Cr. Register, December, 1998, No. 516 , eff. 1-1-99; CR 04-058 : am. (1) (intro.) and (2), cr. (4) Register February 2006 No. 602 , eff. 5-1-06.