Section 305.80. PECFA consulting firms.

 

(1)   General.

(a) A corporation, partnership, sole proprietor or independent contractor that performs or provides professional level engineering or hydrogeological services related to a claim submitted for reimbursement under the PECFA program, ch. NR 747 , shall hold a registration issued by the department of natural resources or department of safety and professional services as a registered PECFA consulting firm.

(b) The services referred to in par. (a) include but are not limited to:

1. Conducting site investigations;

2. Preparing remedial action plans and alternatives;

3. Designing and supervising the installation of remedial systems; and

4. Planning for passive bio-remediation with long term monitoring.

5. Preparing and submitting bids in the competitive public bidding process prescribed in ch. NR 747 .

(2)   Application for registration. An entity applying for a PECFA consulting firm registration shall submit all of the following:

(a) An application in accordance with s. SPS 305.01 .

(b) An application fee and a registration fee in accordance with s. SPS 305.02 , Table 305.02.

(c) Proof of employing at least one Wisconsin-registered PECFA consultant.

(d) Proof of being registered by the department of safety and professional services to engage in the practice of professional engineering, geology, hydrology, or soil science.

(e) Proof of the liability coverage specified in sub. (4) (a) 3. or (b) , and (c) .

(3)   Qualifications for registration. The person applying for a PECFA consulting firm registration shall be the owner of the consulting business, a partner in the consulting business applying on behalf of a partnership, or the chairman of the board or chief executive officer applying on behalf of the consulting corporation.

(4)   Responsibilities.

(a) An entity that performs or provides professional level engineering, geological, hydrological, or soil science services related to a claim submitted for reimbursement under the PECFA program, ch. NR 747 , as a registered PECFA consulting firm shall do all of the following:

1. Ensure that only Wisconsin-registered professional engineers, professional geologists, professional hydrologists, or professional soil scientists perform professional-level engineering, geological, hydrological, or soil science services related to the PECFA program, unless those services are under the supervision of those professionals.

2. Ensure that only PECFA consultants who are so registered under this chapter perform the services referenced in s. SPS 305.81 .

3. Hold errors and omissions professional liability coverage, including pollution impairment liability, of no less than $1,000,000 per claim, $1,000,000 annual aggregate and with a deductible of no more than $100,000 per claim, except as provided in par. (b) .

(b) A consulting firm may request the department of natural resources' approval of an alternate mechanism for meeting the requirement of the maximum deductible in par. (a) 3. The department of natural resources shall review the request and determine whether it meets the requirement of the rule.

(c) The insurance coverage required under this subsection shall be obtained from a firm that has an A.M. Best rating of at least “A-."

(5)   Renewal.

(a) An entity may renew their registration as a PECFA consulting firm.

(b) A PECFA consulting firm registration shall be renewed in accordance with s. SPS 305.07 .

(c) The renewal of a registration as a PECFA consulting firm shall be contingent upon all of the following:

1. Employing at least one Wisconsin-registered PECFA consultant.

2. Being registered by the department of safety and professional services to engage in the practice of professional engineering, geology, hydrology, or soil science.

3. Holding the liability coverage specified in sub. (4) (a) 3. or (b) , and (c) .

Cr. Register, October, 1996, No. 490 , eff. 11-1-96; am. (1) (a) and (2) (b), Register, April, 2000, No. 532 , eff. 5-1-00; CR 04-058 : cr. (1) (b) 5., (2) (c) and (d), (4) (a) 2., (b), (c), and (5) (c), r. (5) (b), renum. and am. (4) (intro.), (a) and (b) and (5) (a) 1. and 2. to be (4) (a) (intro.), 1. and 3. and (5) (a) and (b) Register February 2006 No. 602 , eff. 5-1-06; CR 06-127 : cr. (2) (e) and (5) (c) 3., Register September 2007 No. 621 , eff. 10-1-07; correction in (1) (a), (b) 5., (2) (a), (b), (d) (4) (a) (intro.), 2., (5) (b), (c) 2. made under s. 13.92 (4) (b) 6. , 7. , Stats., Register December 2011 No. 672 ; corrections in (1) (a), (b) 5., (2) (d), (4) (a) (intro.), (b), (5) (c) 2. made under s. 13.92 (4) (b) 6. , 7. , Stats., Register October 2013 No. 694 .

Note

See chs. 443 and 470 , Stats., for additional requirements relating to the practice of professional engineering; and the practices of professional geology, professional hydrology, and professional soil science, respectively. Microsoft Windows NT 6.1.7601 Service Pack 1 Note: Authority over ss. SPS 305.80 and 305.81 was transferred to Department of Natural Resources under 2013 Wis. Act 20 , s. 9138 (7) (f) . Microsoft Windows NT 6.1.7601 Service Pack 1